Jump to ContentJump to Main Navigation
Hegel's LawsThe Legitimacy of a Modern Legal Order$
Users without a subscription are not able to see the full content.

William E. Conklin

Print publication date: 2008

Print ISBN-13: 9780804750301

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804750301.001.0001

Show Summary Details
Page of

PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in SSO for personal use (for details see http://www.stanford.universitypressscholarship.com/page/privacy-policy).date: 22 November 2017

Constitutional Shapes and the Organic Constitution

Constitutional Shapes and the Organic Constitution

Chapter:
(p.233) Chapter Nine Constitutional Shapes and the Organic Constitution
Source:
Hegel's Laws
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804750301.003.0010

Political commentators have generally read Hegel's works as elaborating two senses of a constitution. One considers the constitution as external to the individual's consciousness; the other locates the institutional objectivity of consciousness as implied in the social ethos. However, this dichotomy oversimplifies Hegel's understanding of constitutional law. For when Hegel addresses the nature of a constitution in Philosophy of Right, he identifies three very different forms of an external constitution (the original intent of the founding fathers, a constitution as a priori rights, and a constitution as a contract) as well as two different forms of an immanent constitution (historicist and organic). This chapter examines each of these forms of a constitution.

Keywords:   Hegel, Philosophy of Right, consciousness, constitutional law, historicist constitution, organic constitution

Stanford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.