Natural Law - G. W. F. Hegel / p92-94 / 25.02.27 / 화니짱
G. W. F. Hegel, Natural Law,
p. 92
appears accordingly as the completely equal positing of the determined on both its sides.
Applied to punishment, for example, this means that retribution alone is rational in it; for by retribution the crime is subjugated. A state of affairs +A brought about by the crime is complemented by the bringing about of −A, and so both are annihilated. Or, looked at positively, with the state of affairs +A there is linked for the criminal the opposite state −A, and both are brought about equally, while the crime had brought about one only. Thus the punishment is the restoration of freedom, and the criminal has remained, or rather been made, free, just as the punisher has acted rationally and freely.
In this, its specific character, punishment is thus something in itself truly infinite and absolute, revered and feared on its own account. It issues from freedom, and, even as subjugator, remains in freedom.
If, on the other hand, punishment is understood as coercion, it is posited merely as a specific determination and as something purely finite, carrying no rationality in itself. It falls wholly under the common concept of one specific thing contrasted with another, or as an item with which something else—the crime—can be purchased.
The state as judicial power trades in specific wares, called crimes, for sale in exchange for other specific wares [punishments], and the legal code is its price-list.
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But however null this abstraction and the relation of externality arising from it may be, the moment of the negatively absolute or infinity (which is indicated in this example as determining the relation of crime and punishment) is a moment of the Absolute itself and must be exhibited in absolute ethical life. 절대적 인륜성, 절대 윤리적 삶
We shall take the versatility of absolute form or of infinity in its necessary moments, and show how they determine the shape of absolute ethical life; this will lead us to the true concept and relation of the practical sciences. (칸트나 기존 철학자들은 형이상학적인 관념철학)
Since the point here at present is to characterize the relations involved in these moments, and since the aspect of infinity must thus be emphasized, we presuppose the positive principle that the absolute ethical totality is nothing other than a people, a point that will also be demonstrated in the following moments of the negative which we are considering here.
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In absolute ethical life, infinity—or form as the absolutely negative—is nothing other than subjugating(제압), as understood above, taken up into its absolute concept.
There it relates not to single specific matters, but to their entire actuality and possibility, that is, to life itself. //Thus matter (질료) : 한국인 equals infinite form (형식) : 한국 문화, 법, 언어, 관습, 관행, 사회적인 것, but in such a way that its positive(긍정 : 옹립하는, 공동체적으로 모으는 힘) element is the absolutely ethical element (i.e., membership in a people); the individual proves his unity with the people unmistakably through the danger of death alone. //
Through the absolute identity of the infinite, or of the aspect of relation, with the positive, ethical totalities, such as peoples, take form and constitute themselves as individuals; and thus, peoples민족들, as individuals, take their position against individual peoples. (=스피노자, 사회 > 개인) : 한민족 vs 타민족(오랑캐, 왜놈)
This position and individuality are aspects of reality. Understood otherwise, they are mere entia rationis; it would be a case of an abstract essence without absolute form, an essence that is therefore essenceless. (영구 평화론을 이야기하는 칸트나 인권을 존중하자고 주장하는 코스모폴리탄으로서의 자유주의자들 비판) -> 파시즘과 뭐가 달라? America First 랑 니가 이야기하는게 뭐가 달라?
This bearing of individuality on individuality is a relation, and therefore is twofold:
- The positive bearing of one on the other, the calm and even co-existence of both side by side in peace.
- The negative bearing (i.e., exclusion of one by the other). : 소수자를 차별하고, 타민족을 차별하는 극우주의자들이 왜 나타날 수 밖에 없는지, 그게 이 민족국가로 이루어진 정치의 필연적 귀결인지 헤겔은 잘 보여주고 있다!
And both are absolutely necessary.
As for the second, we have conceived the rational relation as a subjugation taken up into its concept, or as the absolutely formal virtue of courage. 이순신 : 민족의 성웅으로서의 타민족을 제압한 용기를 추앙하죠!
This second aspect of the bearing which the shape and individuality of one ethical totality has on another is what establishes the necessity of war.
In war there is the free possibility that not only certain individual things but the whole of them, as life, will be annihilated and destroyed for the Absolute itself or for the people; and therefore war preserves the ethical health of peoples in their indifference to specific institutions, preserves it from habituation to such institutions and their hardening. : 좋은 규정들이나 제도, 시스템에 안착한다. 북유럽 복지를 부러워하는 것처럼, / 기성제도와 관습에 머물러서 부패하지 않게 만들기 때문에!! 전쟁의 순기능!
Just as the blowing of the winds preserves the sea from the foulness which would result from a continual calm, so also corruption would result for peoples under continual or indeed "perpetual" peace.
Since the shape of ethical totality and its individuality is fixed as an individuality facing outwards, and the movement of this individuality is fixed as courage, the negative side of infinity, which...
p. 94
has just been considered, is immediately bound up with the other side, namely the persistence of the opposition.
One side is infinity, negative like the other;
- The first is negation of negation, opposition against opposition; 정반합으로 가기 위한 negation / 범죄를 처벌해야지 우리가 원래 가지고 있던 평화로운 세계, 규칙이 지켜지는 세계,
- The second is negation and opposition even in its persistence as specific characteristics or manifold reality.
- negation 그 자체!!
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These realities in their pure inner formlessness and simplicity (i.e., these feelings) are in the practical sphere feelings which reconstruct themselves out of difference, and, passing from the cancellation of undifferentiated self-awareness, are restored through an annihilation of perceptions. (정신분석학 / 감정 : 민족성, 향수, 잃어버린 고향)
These are physical needs and enjoyments (향유/ 주이상스) which, put again on their own account in a totality, obey in their infinite intertwining one single necessity and the system of universal mutual dependence in relation to physical needs and work and the amassing [of wealth] for these needs.( 한민족이라는 감정 : 섹슈얼리티 - 한남이란 무엇인가 : 남성/여성인가? , 일(노동), 부의 축적) 국민국가 : 노동, 섹슈얼리티, 자본의 작동을 가능하게 하는 무의식, 감정의 실체!!
And this system, as a science, is the system of the so-called political economy.
Since this system of reality rests entirely on negativity and infinity, it follows for its relation to the positive totality that it must be treated wholly negatively by the latter, and must remain subject to the domination of this relation.
Whatever is by nature negative must remain negative and may not become fixed.
In order to prevent this system from becoming a self-constituting and independent power, it is not enough to set up the propositions that everyone has a right to live, that in a people the commonweal has to see to it that every citizen shall have a sufficiency, and that there be perfect security and ease of gain.
This last proposition, understood as an absolute principle, would on the contrary exclude a negative treatment of the system of possession, and would allow the system full sway to entrench itself absolutely. ( 자유주의자들이 주장하는 : 모든 사람을 부자가 되게 하고, 모두가 안전해야 한다는 세계평화주의같은 나이브한 소리가 오히려 빈부격차의 차를 크게 만든다!! "부자 되세요!" 덕담처럼 이야기되는 자유주의적 자본주의 중산층의 마인드가 바로 오늘날 비정규직, 불안정 사회를 만들고 있다!!! 부자 = 행복 = 덕
But the ethical whole must on the contrary preserve in this system the awareness of its inner nullity, and impede both its burgeoning in point of quantity, and the development of ever greater difference and inequality for which its nature strives. (부의 축적이 가지고 있는 내재적인 무의미성/ )
In every state a process goes on more or less unconsciously in the shape of an external natural necessity from which it would have wished to be exempt.
With the growth of the system of property, the expenditure of the state increases continually and taxes rise proportionately.
This reduces possession and makes acquisition more difficult, especially through war, which introduces many-sided...
p. 95
confusion into the business of acquisition, as well as jealousy of other classes and restraint of trade, sometimes with consent, sometimes, through ignorance etc., without it. The result is that things go on to such a degree that the positive ethical life on the state itself permits the purely real [economic] system to become independent [of the individual] and the negative and restricting attitude to be upheld. (국가가 경제시스템이 개인들로부터 독립적으로 그리고. 부정적이고 제한하는 태도를 취하도록 허용해야 한다.)