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41895Re: [hegel] Hegel and Virtue Ethics

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  • Paul Trejo
    Jun 29, 2018
      Peter,

      Thanks for your discourse.   I think that Hegel does well by moving quickly -- almost immediately -- from Morality to the Legal System.   Hegel calls the Legal System, "Ethical Life."     This is Morality in actual living -- i.e. in conflict with other people.

      The essence of Family law -- as Srivats rightly said -- is the Children.    The Law plays a Major Role in the life of a Family when it comes to Court -- that is, during Divorce or other forms of Family Dissolution.    Hegel will focus his narrative of Family Law on the problems of Family Dissolution.  

      Hegel does not tarry with Divorce or Abandonment, but that is implied, since that is a common reason for any Family to go to Court and allow a Judge to preside.   

      The Law will take a special interest in the Children -- that is, in Child Support.   Children have specific Rights to a portion of Family Capital.   This is most glaring in times of the Death of the Parents -- when the Children then inherit the Family Capital -- and often a Judge must preside because there is a dispute about the division of the property among the Children.

      In such cases, too, the "legitimacy" of the Children is often a burning issue in the reading of the Last Will and Testament.   The Law, furthermore, has official records of legitimate and illegitimate Children.   This is an important role.

      So, Peter, in my reading of Hegel, the institution of the Family has many possible interactions with the Law -- and very important ones.   While most Families do not go to Divorce Court, but remain intact -- then perhaps most Families won't (I will grant you) directly deal with the Law Courts until the Death of the Parents, and the Reading of the Last Will and Testament.

      Nevertheless, even if it is only the Last Will and Testament, then the role of the Law in the Family is still substantial.

      All best,
      --Paul

       


      From: "Peter G Stillman Stillman@... [hegel]" <hegel@yahoogroups.com>
      To: hegel@yahoogroups.com
      Sent: Thursday, June 28, 2018 5:21 PM
      Subject: Re: [hegel] Hegel and Virtue Ethics

       
      Paul,

      While I am disagreeing with posts, I wonder why you talk of 'marriage law, civil law, and criminal law' as -- what? -- three leading characteristics of ethical life.  For instance, I think that law plays only a minor role in the family -- if a family member breaks a law, then they'll be held to account -- but most of Hegel's description of marriage and family capital and the dissolution of the family has almost nothing to do with law, as far as I can tell.  (For instance, 'law' is missing from the brief introductory characterization in §160.) 

      (Some translations might translate Recht in §159 and §159A as law, but that strikes me as infelicitous [although the translation of Recht is vexed.  English does not have, does it, words that distinguish the German Recht from Gesetz (positive or posited law).  Knox a lot [most?] of the time translates Recht as right, which to me is helpful because sometimes it has an odd sound to an English-language ear, and so cues you that the word has its own meaning; but even Knox translates the first moment of the State as 'Constitutional Law,' the German being 'Das innere Staatsrecht'.])

      Peter


       
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