Il 'diritto' del soggetto alla propria 'sostanzialità' o libertà. La 'dialettica' tra infinitezza e finitezza dello spirito nella "Filosofia del diritto" hegeliana

Abstract

Even if the present work has a purely critical-reconstructive approach to Hegelian thought in the various phases of his philosophical activity, it intends to show in detail the very close and intrinsic connection between the system and the concept of right both from a phenomenological and epistemic point of view. Since the beginning of Hegel's reflection, a close and repeatedly in-depth dealing with the juridical theme and in particular that of Person has been documented precisely because it represents the foundation of a 'substantialization' of the subject in its objectivity which finds in the will the constitutive moment of its same freedom. Alternatively, the subject would be inexorably relegated to the more or less natural indeterminacy of its own formal subjectivity without true content. At the level of secondary literature, based on what it has been possible to consult, it appears that the analysis has bene focused rather on the separate content of Recht's Hegelian concept and its articulations while the connection with the system has not been made at least sufficiently explicit and seems mantained rather in the background. As just hinted at, Hegel’s philosophy of right is a pivotal element inside his system and his theoretical evolution since his early thinking activity. Its concept is essentially what can be called ‘substance’, namely objectivity concerning the subjective finite subject and determining its real infinity, wherein its will by aspiring to it its will finds its authentic (initial) freedom. The concept of right is necessarily treated both phenomenologically so that the finite spirit experiences this juridical will in the Wirklichkeit of its apparent form, and epistemologically so as to present its true philosophical concept or idea inside the science of the objective spirit.

Keywords

• hegel
• fichte
• will
• freedom
• idea