Schema of the Philosophy of Right.
The Philosophy of Right
FIRST PART
The principle, that is., essence of right (Positive and negative knowledge, as on page 45)
SECOND PART
DERIVED RIGHT
(Method of deriving rights. Derived rights).
THIRD PART
Science of the art of applying right to real titles (4)
Division 1.
SPECIFIC RIGHTS.
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1. CONNATURAL RIGHTS (in God, in human beings). Connatural freedom. Connatural ownership.
2. ACQUIRED RIGHTS. Acquired freedom. Acquired ownership
Sect. l. Through the ACT OF A SINGLE BEING (whether this act pertains to an individual or a society (1))A. in God (title of creation);
B. in human beings who with their acts produce1) NEW RIGHITS (titles of occupancy and of generation), or
2) MODIFICATIONS of preceding rights.Sect. 2. Through CONNECTED ACTS OF MORE THAN ONE BEING
(whether these acts pertain to individuals or to moral bodies)A. WITHOUT ANY CONTRACT or
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B. THROUGH A CONTRACT regarding only
1) the OBJECTS of right (in which case it simply modifies existing rights), or
2) the SUBJECTS themselves of right through association which producesstate of society; while this state lasts, we have1. SOCIAL RIGHT, which is
A. GENERAL (common to all societies)
1) INTERNAL, right of the members of the social body relative to one another. Civil right;
2) EXTERNAL, right of the members of the society relative to its government, and vice-versa; (2)B. SPECIAL (proper to individual kinds of society)
1. Right of societies which have as their aim the attainment of CERTAIN RIGHTS Conjugal society. Parental society. Societies for work, business societies, etc.
2. Rights of societies, which have as their aim the regulation of the MODALITIES of rights, their defence, their better coexistence, etc.
a) partial. Assurance societies etc.
b) universal. CIVIL SOCIETY.
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Il. EXTRASOCIETAL SOCIETY, that is,
Right independent of association, conserved in individual associates during their association (3).Division 2.
MODES OF SPECIFIC RIGHTS,
that is, MODIFICATIONS WHICH RIGHTS UNDERGO
WITHOUT LOSING THEIR SPECIFIC IDENTITY
AS A RESULT OF HUMANITARIAN DIFFERENCES
(same subdivision as that of division I)
Notes for the Schema of the Philosophy of Right.
(1) This final part is attributed in the usual divisions to public, external Right. But the rights are the same whether their subject is an individual or a moral body. If rights are not founded in a contract stipulated between moral bodies, these bodies, relative to one another, are as individuals in the state of nature. Cf. SP, bk. 1, c. 10
(2) Government is external to society, as I have shown in SP, loc. cit. This division must then be repeated in the Right of every special society.
(3) Cf. SP, bk. 1, c. 11
(4) I cannot display in this work the entire
canvas of the Philosophy of Right and consequently cannot describe in detail
the complete division of what I actually present. I shall content myself with
what follows, offering first an introduction and exposition of the moral
system, and dividing the whole work into four principal parts which will deal
with:
1. the essence of right;
2. the principle of derivation of rights;
3. derived Right, and
4. the different modes which derived Right takes as a consequence of
humanitarian varieties.
I shall then subdivide derived Right in two, that is, into individual Right and
social Right.