The Essence of Right
INTRODUCTION
VI.
Aids to the study of the philosophy of Right
90. The Schema of the Philosophy of Right should itself be sufficient to demonstrate the breadth of this study. Realising that this investigation is a part of philosophy already shows us that the correct use of reason is the only means with which the subject can be grasped. But human reason needs assistance to awaken, direct and strengthen it, and to provide it with matter for its exercise.
91. Jural philosophers receive the matter of their considerations from the observation of facts, and from the accurate examination of the relationships in which human beings are found and have been found. These relationships enable philosophers to imagine other relationships of the same kind. Such facts and relationships are brought to the attention of the mind principally by prolonged acquaintance with human affairs and solid knowledge of historical relationships. In other words, principally by the `history of humanity.
92. But when reason is presented with these facts and relationships jural cases which it is called upon to decide, as it were it has scarcely taken the first step. It still needs help to make good decisions. The assistance it receives at this point may be practical or theoretical. Practical assistance can be reduced to the habit and acquired feeling for deciding cases which comes when a person has had experience in settling disputes and quarrels. Theoretical assistance springs principally from the following sciences:
| I. Anthropology, both natural and supernatural, which reveals completely to the jural philosopher the natural and supernatural states of human nature in all its variety. II. Positive right at various periods and in various nations. This positive right may be written, or based on use. The philosophy of positive Right, that is, the study of the motives which have led different legislators to make law, is especially useful here in helping the mind to discover more surely the decisions required in different cases. III. The histories of rational Right which we have classified above.(73) These also are of great assistance to the mind in this work. IV. Politics, and the philosophy of politics. V. Theoretical philosophy, especially logic and critique. Finally VI. Ethics, which has a special relationship with Right. This last science must be to the forefront in the mind of anyone wishing to make progress in jural philosophy. As we have said, right is `governance protected by the moral law. |
Before everything else, therefore, we must know the theory of the moral law: we have to be familiar with duty, from which right is derived, and with the nature and force of moral obligation.
I have already dealt with these matters at length in appropriate works,(74) but feel I can help my readers by offering some considerations on moral philosophy as an introduction to this treatise on rational Right. Readers who are already familiar with the subject can omit this. But the brief section is given here for those who would like to use it.
Notes
(73) Cf. 65.
(74) Under the heading Filosofia della Morale.