What is it about?
In classical German philosophy, the concept of self-determination goes back to Kant's sui juris and Fichte's 'Selbsttätigkeit', which empower and personalise human existence. An entity that determines its own traits, behaviour, action, relationships with fellow human beings, etc. would be a subject. Subjects can be found also in nature, where they determine themselves or determine each other "immediately". In the present paper, human self-determination according to Hegel's Philosophy of Rights 1821 is explored, which creates a reflected, socially and normatively mediated accomplishment, contributes to the integrity of the subject and, on the basis of this development, is worthy of recognition by legal institutions.
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Why is it important?
This is important because there are institutions in modern law called "subjective rights". Their philosophical justification can be found in Hegel.
Perspectives
There are multiple versions of Hegel's Philosophy or Right. The earlier one, the more fascinating. For example, in the Heidelberg version of 1816/17, natural right still bears traces of the Kantian and Fichtean tradition – and in fact, the whole Philosophy of Right refers to natural right of reason, even when it argues the necessity of positive law...
Professor Dr. Ewa Nowak
AMU Poznań
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This page is a summary of: Das Recht des Subjekts auf Selbstbestimmung auf dem Weg zur Verrechtlichung im Lichte Hegels Rechtsphilosophie 1821, February 2025, De Gruyter,
DOI: 10.30965/9783846768457_010.
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