Rights in Civil Society - Section Two
Part Three
Appendix To The Philosophy Of Right —
The Better Construction Of Civil Society
Chapter 2
How the norms suggested by politics can be considered as the norms of right, and the norms of right as the norms of politics
2581. Civil prudence forms part of Right under yet another aspect. It is clear that the norms of prudence, if they help to direct governmental action in such a way that civil society attains its end more fully, become jural obligations for government.
2582. On the other hand, there is not a single principle of justice which cannot be considered an excellent norm in politics. There are three reasons for this: 1. civil society comes about in the first place for the maintenance of justice; 2. civil society flourishes when justice is universally maintained; 3. associated human beings must not and cannot by nature consider their association a good if it can be preserved only through injustice. Politics itself must first want to obtain the remote end of society. This is the principal end and consists in moral good; it must be preferred to the proximate end which is simply a means.<$FSP, 204-213.>
2583. This explains why we placed the teaching on the remote and proximate ends of civil society, and on the relationship between these two ends (the second of which must serve the first), amongst the principal parts of the Philosophy of Politics. In this way, Politics itself shares in the nobility of Right, and is sanctified by it.
2584. Nevertheless, there is nothing to prevent Right from being treated separately from Politics. It is even necessary to consider them as separate branches of knowledge, or better as distinct parts of a single social science. Although it is certain that every principle of right is an excellent rule for direction in politics, the nature of this principle is jural and its political value is only an accessory relationship. On the other hand, political principles, that is, the norms according to which governed society flourishes, are political of their nature. In other words, they tend to social utility, and acquire jural quality only relative to governors for whom they become jurally obligatory.
2585. In the last analysis, the principal political norms indicated here at the end of the book will serve to complete and crown the Philosophy of socio-civil Right because these norms pertain under certain aspects to this science. At the same time, it will be a kind of introduction to that part of the Philosophy of Politics which we have not yet published.