self-renunciation each regains the life that had been
virtually transferred to the other—gains,
in fact, the other’s existence and his own,
as involved with that other. The ultimate interests
connected with the necessities and external concerns
of life, as well as the development that has to take
place within their circle, i. e., of the children,
constitute a common object for the members of the
family. The spirit of the family—the
Penates—form one substantial being,
as much as the spirit of a people in the State; and
morality in both cases consists in a feeling, a consciousness,
and a will, not limited to individual personality
and interest, but embracing the common interests of
the members generally. But this unity is, in the
case of the family, essentially one of feeling, not
advancing beyond the limits of the merely natural.
The piety of the family relation should be respected
in the highest degree by the State; by its means the
State obtains as its members individuals who are already
moral (for as mere persons they are not) and who,
in uniting to form a State, bring with them that sound
basis of a political edifice—the capacity
of feeling one with a whole. But the expansion
of the family to a patriarchal unity carries us beyond
the ties of blood-relationship—the simply
natural elements of that basis; and outside of these
limits the members of the community must enter upon
the position of independent personality. A review
of the patriarchal condition,
in extenso, would
lead us to give special attention to the theocratical
constitution. The head of the patriarchal clan
is also its priest. If the family in its general
relations is not yet separated from civic society and
the State, the separation of religion from it has
also not yet taken place; and so much the less since
the piety of the hearth is itself a profoundly subjective
state of feeling.
We have considered two aspects of freedom—the
objective and the subjective; if, therefore, freedom
is asserted to consist in the individuals of a State,
all agreeing in its arrangements, it is evident that
only the subjective aspect is regarded. The natural
inference from this principle is, that no law can
be valid without the approval of all. It is attempted
to obviate this difficulty by the decision that the
minority must yield to the majority; the majority therefore
bears sway; but long ago J.J. Rousseau remarked
that, in that case, there would no longer be freedom,
for the will of the minority would cease to be respected.
At the Polish Diet each individual member had to give
his consent before any political step could be taken;
and this kind of freedom it was that ruined the State.
Besides, it is a dangerous and false prejudice that
the people alone have reason and insight, and know
what justice is; for each popular faction may represent
itself as the people, and the question as to what
constitutes the State is one of advanced science and
not of popular decision.