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this necessitates the selection and separation from the rest of those who have to take the helm in
political affairs; to decide; concerning them; and to give orders to other citizens; with a view to the
execution of their plans。 If; e。g。; even the people in a Democracy resolve on a war; a general must
head the army。 It is only by a Constitution that the abstraction … the State … attains life and reality;
but this involves the distinction between those who mand and those who obey。 … Yet
obedience seems inconsistent with liberty; and those who mand appear to do the very
opposite of that which the fundamental idea of the State; viz。 that of Freedom; requires。 It is;
however; urged that; … though the distinction between manding and obeying is absolutely
necessary; because affairs could not go on without it … and indeed this seems only a pulsory
limitation; external to and even contravening freedom in the abstract … the constitution should be at
least so framed; that the citizens may obey as little as possible; and the smallest modicum of free
volition be left to the mands of the superiors; … that the substance of that for which
subordination is necessary; even in its most important bearings; should be decided and resolved on
by the People … by the will of many or of all the citizens; though it is supposed to be thereby
provided that the State should be possessed of vigour and strength as a reality … an individual
unity。 … The primary consideration is; then; the distinction between the governing and the governed;
and political constitutions in the abstract have been rightly divided into Monarchy; Aristocracy;
and Democracy; which gives occasion; however; to the remark that Monarchy itself must be
further divided into Despotism and Monarchy proper; that in all the divisions to which the leading
Idea gives rise; only the generic character is to be made prominent; … it being not intended thereby
that the particular category under review should be exhausted as a Form; Order; or Kind in its
concrete development。 But especially it must be observed; that the above…mentioned divisions
admit of a multitude of particular modifications; … not only such as lie within the limits of those
classes themselves; … but also such as are mixtures of several of these essentially distinct classes;
and isshapen; unstable; and inconsistent forms。 In such a collision; the
concerning question is; what is the best constitution; that is; by what arrangement; organisation or
mechanism of the power of the State its object can be most surely attained。 This object may
indeed be variously understood; for instance; as the calm enjoyment of life on the part of the
citizens; or as Universal Happiness。 Such aims have suggested the so…called Ideals of Constitution;
and; … as a particular branch of the subject; … Ideals of the Education of Princes (Fenelon); or of
the governing body … the aristocracy at large (Plato); for the chief point they treat of is the
condition of those subjects who stand at the head of affairs; and in these ideals the concrete details
of political organisation are not at all considered。 The inquiry into the best constitution is frequently
treated as if not only the theory were an affair of subjective independent conviction; but as if the
introduction of a constitution recognised as the best; … or as superior to others; … could be the
result of a resolve adopted in this theoretical manner; as if the form of a constitution were a matter
of free choice; determined by nothing else but reflection。 Of this artless fashion was that
deliberation; … not indeed of the Persian people; but of the Persian grandees; who had conspired
to overthrow the pseudo…Smerdis and the Magi; after their undertaking had succeeded; and when
there was no scion of the royal family living; … as to what constitution they should introduce into
Persia; and Herodotus gives an equally naive account of this deliberation。
§ 47
In the present day; the Constitution of a country and people is not represented as so entirely
dependent on free and deliberate choice。 The fundamental but abstractly (and therefore
imperfectly) entertained conception of Freedom; has resulted in the Republic being very generally
regarded … in theory … as the only just and true political constitution。 Many even; who occupy
elevated official positions under monarchical constitutions … so far from being opposed to this idea
… are actually its supporters; only they see that such a constitution; though the best; cannot be
realised under all circumstances; and that … while men are what they are … we must be satisfied
with less freedom; the monarchical constitution … under the given circumstances; and the present
moral condition of the people … being even regarded as the most advantageous。 In this view also;
the necessity of a particular constitution is made to depend on the condition of the people in such a
way as if the latter were non…essential and accidental。 This representation is founded on the
distinction which the reflective understanding makes between an idea and the corresponding
reality; holding to an abstract and consequently untrue idea; not grasping it in its pleteness; or …
which is virtually; though not in point of form; the same … not taking a concrete view of a people
and a state。 We shall have to show further on that the constitution adopted by a people makes one
substance … one spirit … with its religion; its art and philosophy; or; at least; with its conceptions and
thoughts … its culture generally; not to expatiate upon the additional influences; ab extra; of
climate; of neighbours; of its place in the world。 A State is an individual totality; of which you
cannot select any particular side; although a supremely important one; such as its political
constitution; and deliberate and decide respecting it in that isolated form。 Not only is that
constitution most intimately connected with and dependent on those other spiritual forces; but the
form of the entire moral and intellectual individuality … prising all the forces it embodies … is
only a step in the development of the grand Whole; … with its place pre…appointed in the process: a
fact which gives the highest sanction to the constitution in question; and establishes its absolute
necessity。 …The origin of a State involves imperious lordship on the one hand; instinctive
submission on the other。 But even obedience … lordly power; and the fear inspired by a ruler … in
itself implies some degree of voluntary connection。 Even in barbarous states this is the case; it is
not the isolated will of individuals that prevails; individual pretensions are relinquished; and the
general will is the essential bond of political union。 This unity of the general and the particular is the
Idea itself; manifesting itself as a State; and which subsequently undergoes further development
within itself。 The abstract yet necessitated process in the development of truly independent states is
as follows: … They begin with regal power; whether of patriarchal or military origin。 In the next
phase; particularity and individuality assert themselves in the form of Aristocracy and Democracy。
Lastly; we have the subjection of these separate interests to a single power; but which can be
absolutely none other than one outside of which those spheres have an independent position; viz。;
the Monarchical。 Two phases of royalty; therefore; must be distinguished; … a primary and a
secondary one。 This process is necessitated; so that the form of government assigned to a
particular stage of development must present itself: it is therefore no matter of choice; but is that
form which is adapted to the spirit of the people。
§ 48
In a Constitution the main feature of interest is the self…development of the rational; that is; the
political condition of a people; the setting free of the successive elements of the Idea: so that the
several powers in the State manifest themselves as separate; … attain their appropriate and special
perfection; … and yet in this independent condition; work together for one object; and are held
together by it … i。e。; form an organic whole。 The State is thus the embodiment of rational freedom;
realising and recognising itself in an objective form。 For its objectivity consists in this; … that its
successive stages are not merely ideal; but are present in an appropriate reality; and that in their
separate and several working; they are absolutely merged in that agency by which the totality … the
soul … the individual unity … is produced; and of which it is the result。
§ 49
The State is the Idea of Spirit in the external manifestation of human Will and its Freedom。 It is to
the State; therefore; that change in the aspect of History indissolubly attaches itself; and the
successive phases of the Idea manifest themselves in it as distinct political principles。 The
Constitutions under which World…Historical peoples have reached their culmination; are peculiar
to them; and therefore do not present a generally applicable political basis。 Were it otherwise; the
differences of similar constitutions would consist only in a peculiar method of expanding and
developing that generic basis; whereas they really originate in diversity of principle。 From the
parison therefore of the political institutions of the ancient World…Historical peoples; it so
happens; that for the most recent principle of a Constitution … for the principle of our own times …
nothing (so to speak) can be learned。 In science and art it is quite otherwise; e。 g。; the ancient
philosophy is so decidedly the basis of the modern; that it is inevitably contained in the latter; and
constitutes its basis。 In this case the relation is that of a continuous development of the same
structure; whose foundation…stone; walls; and roof have remained what they were。 In Art; the
Greek itself; in its original form; furnishes us the best models。 But in regard to political constitution;
it is quite otherwise: here the Ancient and the Modern have not their essential principle in mon。
Abstract definitions and dogmas respecting just government; … importing that intelligence and virtue
ought to bear sway … are; indeed; mon to both。 But nothing is so absurd as to look to Greeks;
Romans; or Orientals; for models for the political arrangements of our time。 From the East may be
derived beautiful pictures of a patriarchal condition; of paternal government; and of devotion to it
on the part of peoples; from Greeks and Romans; descriptions of popular liberty。 Among the latter
we find the idea of a Free Constitution admitting all the citizens to a share in deliberations and
resolves respecting the affairs and laws of the monwealth。 In our times; too; this is its general
acceptation; only with this modification; that … since our States are so large; and there are so many
of 〃the Many;〃 the latter; … direct action being impossible; … should by the indirect method of
elective substitution express their concurrence with resolves affecting the mon weal; that is;
that for legislative purposes generally; the people should be represented by dep