JONATHAN APIRION

 

USES AND ABUSES OF PHILOSOPHY IN DEVELOPING A THEORY OF ESSENTIAL RIGHTS

 

 

 

COPYRIGHT, 1999,  ALL RIGHTS RESERVED
INTRODUCTION

            This paper discusses some of the problems with justifications or explanations of rights based in the application of philosophic theories.  This paper also attempts, through the examination of some philosophic works, to describe what it is about philosophic works and the reality they deal with that makes their reduction into theory and formula attractive, but ultimately unsatisfying.  A philosophic work is not properly subject to the same type of reduction and application as are works in such areas as economics or engineering.  While a philosophic work might speak to economic or sociological or psychological concerns, these do not constitute the philosophic heart of the work.  Out of an economic work, for example, a series of equations may be derived and applied to a variety of situations in order to predict the potential outcomes of reforms.  A treatise on tort law might leave one with practical suggestions that can be applied to real tort cases or legislation that will lead to the resolution of tort claims in a manner that is measurably more efficient or more.   A philosophic work, on the other hand, completes its task within its own boundaries, giving insight and understanding, but not leaving the reader or participant with anything that can be applied directly to any concrete problems, including the general explanation or justification of something like human rights.  As will be discussed in the case of Hegel, a philosophic work can establish a model system of the world that explains the need for something like rights within that model system, and which simultaneously gives great insight into the place of rights in the real world, but the model of the philosophic work is in some respects closed.  To the extent that a philosophic work can effect greater comfort with something like a particular formulation of rights, its success flows from its sophistical function.  Whether a particular formulation of rights expressed in a philosophic work that embodies law and sophistry succeeds in securing those rights depends on the quality of the law and the sophistry, not the philosophic part of the work.  So too can a treatise on tort be a philosophic work with irreducible elements.  It is my contention that the closed aspect of philosophic works follows from the fact that all philosophic works are essentially dialectical.  Philosophic works which attempt a different method eventually reveal themselves to be either dialectical or works of social, political, physiological, logical or historic analysis and insight. 

In the derivation of a theory or formula from a philosophic work to an area such as rights, the essential tensions and utility of the philosophic work as a provider of insight is lost.   Rather than criticizing “rights” theorists’ abuse of philosophy, I will examine how Hegel’s Philosophy of Right succeeds as a discussion of government and “rights” despite what might appear from the outset to be a mere application of his own previously developed philosophic theory to a practical setting.  The Philosophy or Right succeeds because it is in itself a philosophic work rather than a mere application of a reduced version of prior established theories.  It is true that any work setting forth an application of any philosophic theory can lay some claim to being a philosophic work itself.  There is however such a difference between the quality and enlightening features of the two types of works. 

            Before examining the Philosophy of Right I will take a close look at some of the key portions of Hegel’s Phenomenology which, through an exploration of consciousness, sets out some of the philosophic approaches that are employed and developed in the Philosophy of Right.  Careful analysis of some parts of the Phenomenology will reveal how far the Philosophy of Right is from merely employing a formulaic Hegelian philosophy.  In order to more fully elucidate what it is that is essentially irreducible about a philosophic work I will examine Edmund Husserl’s phenomenologic work and some of Jaques Derrida’s commentary on Husserl.  

            I believe Plato’s Meno addresses the issues discussed above.  In this dialogue Socrates develops, among other things, a theory of knowledge based on recollection.  If the dialogue’s work in this area is reduced to a mere epistemological theory, holding that all knowledge is recollection, the dialogues value is lost.  The theory itself is intentionally incredible and the problem with any attempt at the practical application of the theory obvious.  At the same time, the idea that knowledge rests in universals to which we already have access is compelling.  The dialogue concerns itself with learning and knowledge in order to come to an understanding of what it means to know virtue.  While many simple possibilities of obtaining knowledge are easily refuted within the dialogue, it is also clear from the less easily rejected theories that learning does not come from trade in reduced theories.  The dialogue gives some insight into knowledge and learning, but not because the reader comes to simply accept the theory of recollection.  The powerful, seductive, readily applied or impressively clever theories of virtue introduced in the beginning of the dialogue, like all beautiful language, can trick us into believing that something substantive or productive is being conveyed.  The work of eliciting Socrates’ own theory of recollection may give insight into knowledge, but not because of the end product which has little to say to a person when removed from the dialogue.   In the Meno Socrates leads a slave-boy through a visual demonstration of the Pythagorean theorem and when the initially unintuitive conclusion becomes apparent to the slave boy, Socrates declares that this proves that the boy recalled the knowledge.  Without Socrates’ guidance the slave-boy would not have had this particular recollection.  Neither would the boy have really learned the truth of the geometric relationships from a statement that the hypotenuse of a right triangle is derivable from the lengths of the other two sides because the square of its length is the sum of the squares of those sides.  The boy had to work through a proof to understand the theorem.  The continued use of the equation in practical applications is useful, but it does not recreate the moment of insight and learning in the work of the proof that is knowledge of the geometric relationships.  The object of the dialogue, to define virtue and what it means to know virtue might not be obtained except through a working out of the rational relationships of man in society through participation in family, civil society and the State.

            If I take a moment to think about what it means for me to say I know or understand the Pythagorean theorem I only realize that I can’t quite explain that knowledge.  I have used the formula to solve real carpentry problems, but in similar situations I have also applied other formulae whose proofs I have never worked through and that I clearly do not understand.  I can imagine the squares on the shorter sides of the triangle shifting into the square of the longer side, but I can also imagine a circle transforming into a square.  I can work through the logic of  Euclid’s or Socrates' or the oriental proof and see the relationship as an inevitable consequence of the geometric presumptions, but this is an insight that vanishes when I am not working through a proof either formally on paper or through a shorthand version in my mind.  Given that the life of the proof is abstract logic based on postulated presumptions such as that parallel lines never meet, the insight into the truth of the relationships given in the proof is itself closed from the other parts of my living relationship to the world.  A philosophic work attempts to give insight without resort to presumption.  In so far as it succeeds in this it is not reducible to declaratory language requiring presumed meanings.  In so far as the philosophic work necessarily entails resort to presumptions it is closed in the system of the logical relationships derivable from those presumptions.  A successful philosophic work entails both presumption and the suspension of presumption through the dialectic process.       

            In the Philosophy of Right Hegel argues for an understanding of the state as the realization of the essential drive of the human will to freedom.  The state is the unity of the raw impulse to freedom of the individual subjective will and the universal, objective right of all men.  In that unity the individual can achieve real freedom through action in conformity with the law of the state which is an embodiment of the reason that is essential to himself as a reasoning being.  (This is described in more detail in the second section of this paper and in the bibliography.) Only through such action is freedom real. Freedom is meaningless outside of its actual realization in such rational action.  This understanding of the world follows from elements of Hegel’s basic philosophy which hold that the concept is only known through a unity of the subjective individual perspective and the objective universals that give it any sort of fixation.  While we can describe the process, all conceptualization requires such a process and so neither the described universal nor the subjective perspective can be known as such, independently, with any real meaning. (This is described in more detail in the first section of this paper.)  The philosophic work is a realization of a philosophic understanding that is a unity of a thought and a particularization.  Without action in the confrontation with the work, there is no understanding.  Neither the purely abstract thought nor the particular expression alone has any rational purpose or meaning.  While summations and reductions of philosophic works can be successful philosophic works themselves, they can have no validity if they only direct a reader to a philosophic work as an authority or precedent.  Husserl’s work reveals an essential aspect of philosophic work: that is must always be, primarily, an examination of, or struggle to become,  understanding itself rather than an understanding of any other object.  This is not to say that a philosophic work ever succeeds in this task.  The Husserl section of this paper also deals with the issues of language and analysis and the setting aside of presumptions that are central to the question of how philosophy approaches its task.


PART I

The Phenomenology

Hegel’s Phenomenology lays out an analysis of consciousness.  Here we will examine particular aspects of this work that underlie the Philosophy of Right and the place of rights within that work.

            In those aspects of the Phenomenology which explore the nature of our basic consciousness as a relationship to the world, Hegel introduces a concept of the subjective perspective that is inherently shaped by both the external object of consciousness and the social forces of which influence and shape the individual.  Simultaneously, the object, as it is known by the individual, and those social forces, are shaped by the individual.  Early in the Phenomenology the particular events of consciousness are broken down into subjective and objective elements that in their unity give reality and the known, which is for Hegel the rational.  As the Phenomenology progresses the social elements emerge as necessary dimensions for an understanding of even the most basic events of the individual consciousness.  However, the action of the individual consciousness is never left behind.  It is my hope that the close description of some parts of Hegel’s work in the Phenomenology will serve to elucidate the actual work of his philosophic approach better than a sweeping summary and overview.  The work of philosophy, for Hegel, in striving to understand our relationship to being and consciousness and the reality of our lives emerges through analysis of opposed elements and recognition that they are real only in their fully “interpenetrating” unity.   However, this is not a simple formula applied to different situations and yielding easy analysis.  That all understanding of the world for Hegel involves something of this parallel, dialectical analysis follows from the basic reality of our consciousness as both individual to itself and simultaneously known only through, and in, objects (including the object it makes of itself).   However, Hegel’s work of understanding consciousness demonstrates intricate and creative analysis at every step.  Merely applying a dialectic formula to a given phenomenon reveals nothing.  Hegel’s work introduces new insights and new dimensions of a problem at every step that could not be predicted or justified through recourse to any formula.  In addition, to understand the whole of any problem he addresses it is necessary to see not just both sides of a single parallel analysis, but rather all the sides of the many layers of analysis that he introduces.  This is not to say that his words are magical, or that like some poem, any minor alteration or translation would destroy their value.  Rather, the intricacies of his analysis create perspectives that give insights that can not be restated, meaningfully, as conclusion or formulae.  His work sets up oppositions that give insight into the whole, not as the sum of the opposition, but through consideration of the many different aspects of each side simultaneously with the other.  We see each artificially abstracted and opposed side becoming the other in their logical extremes.   This follows from the insights obtained from his basic method.  If reality is not really composed of distinct, separate moments, but rather the unity of their complete interpenetration, there will always be something false about the division of those moments into isolated, identified components.  Hegel’s divisions and analysis are not the equivalent of taking a car a part and clearly identifying that it has both an engine and a body, but rather an approach that creates fictions of isolated components that have utility in each step of his analysis, and often for the work of his analysis as a whole, but which can lose their value and ability to generate real and useful insights if they are too far removed from the work that gives them meaning.  Of course, this is true, to some extent for any language or work.  No economic formula can be applied unless one knows what the variables are and how they are defined.  In philosophic work, because of the nature of the study, the amount that has to be reproduced is much greater for any type of understanding of the work.  One of the reasons for this arises from the very nature of consciousness and knowing as described above.  Another reason arises from the immeasurable nature of philosophy.  While the worth of an economic work can be measured by its ability to predict real world events, a philosophic work has no similar measurability.  “…there is no external or autonomous philosophic standpoint from which a critical assessment of possible claims to know could go on, no “bar of reason,” above the fray, to which candidate accounts could be brought for a hearing.  Any such standpoint is itself a mere appearance, itself conditioned, or ultimately unable to account for its own possibility.”[1]  The immeasurability of the result implies the incommensurability of the theories and their component parts.  In this a philosophic work is something like a work of art, complete unto itself, yet not successful unless it draws on those objective truths of human existence and reality. 

            Summarizing the Phenomenology is difficult, but in the Science of Logic, Hegel says:

In  the Phenomenology… I have exhibited consciousness in its movement from the first immediate opposition of itself and the object to absolute knowing.  …this movement goes through every form of the relation of consciousness to the object. …  Absolute knowing is the truth of every mode of consciousness because, as the course of the Phenomenology showed, it is only in absolute knowing that the separation of the object from the certainty of itself is completely eliminated: truth [object, content] is now equated with certainty [subject, form] and this certainty with truth.[2] 

 

The real end of analysis is always the actual knowledge of what is.  That it seems absurd to believe that we can grasp what actually is with necessarily subjective knowledge is a beginning point of Hegel’s work in the Phenomenology.  He considers whether the filtering effect that obscures knowledge can be canceled out with a knowledge of the way knowledge works.  Such substitution only brings us back to the first step of the problem of identifying knowledge.  Hegel uses the example of defracting and refracting light, explaining that unlike light, knowledge is not the divergence of a ray, but the ray itself, by which the truth comes into contact with us.  The belief that knowledge can’t grasp absolute truth, but that it can grasp other forms of knowledge, leads to a confused distinction between absolute truth and other types of truth.[3]  The analysis of consciousness that Hegel takes us through in the Phenomenology, on the other hand, lays out the process of knowing in the course of a process that itself summarizes the process by reflecting it.  This is not to say that the process is not in some ways detached, but rather that it is not a mere model, and isolated as an object.  It is a process of back and forth analysis that never bogs down with the problem of setting forth a reducible conclusion.   The opposition of contraries throughout Hegel’s work do not resolve themselves away into static pictures, but remain active as they make possible other elements of recognition and knowledge within Hegel’s work and experienced reality without. 

            Hegel explains that “absolute” and “knowledge” are words that presuppose meaning not yet attained.  This sort of resistance to the use of a system based upon defined terms from which truths are deduced is central to Hegel’s approach.  The meaning of such terms, such conclusions, must arise slowly through the process of analyzing each of the particular manifestations that he will address.  Hegel believes that simple definitional statements, rather than building on prior intellectual development, retard the intellect and exploration of understanding by allowing it to pass over the real problems.  The results are theories that elucidate nothing and only refer to each other.[4]  Following Hegel’s analysis of consciousness in the Phenomenology reveals the truth of consciousness as expressed through itself, an exercise of consciousness considering itself.  His analysis shows the postulations of perspective to be necessary moments in the process of consciousness, but never self standing or autonomous.  For this reason Hegel rejects sweeping generalization of subjective/objective distinctions extending beyond their particular use in specific analysis.[5]  Hegel says that these perspective are mere “empty shoes” of knowledge.  The very process of analysis is itself a phenomenon, and must liberate itself by turning against itself. 

While the natural consciousness (simple awareness) is only knowledge in principle, and not real knowledge, it does take itself as real knowledge.  There is a negative significance in the realization of the possibility of knowledge which runs contrary to the idea of knowledge itself: it loses its own truth.  That is, becoming aware of the possibility of knowing something entails becoming aware of the limitations of our knowledge and our inability to know everything or even anything in its entirety.  Hegel explains that the path to understanding truth is not a disappearance of doubt and a return to the former (naïve) truth, but rather a conscious insight into the “untruth” of phenomenal knowledge.[6]  This is to say that we come to realize that the most immediate, seemingly true presentation, (the sensual “here” and “now”) is that element which is not realized or known, but rather only posited as having existed before our intellectual mediation.

            Hegel explains that it makes no difference whether our belief in “being” is prejudiced on the authority of others or the self and the concrete.[7]  That is to say that whether we posit the location for a faith in the reality of simple being in the existence of other objects and individuals or in our own self as a concrete referent makes no difference as both become, through such subjective mediation, unreliable anchors for knowledge.  Hegel goes on to suggest that skepticism to the whole compass of phenomenal consciousness is an important beginning as it enables the mind for the first time to be able to test what truth is, since “it brings about a despair regarding natural views that are filled with thoughts, opinions, etc,”.[8]   The description of untrue consciousness is not merely a negative process.   Natural consciousness adopts a one-sided rejection towards what is for it, untrue consciousness   Such skepticism sees in the result only pure nothingness.  From the skeptical pint of view, consciousness abstracts the fact that this nothing is determinate: it is the nothing of that out of which it (skeptical consciousness) emerges as a result.   The dead end of skepticism, “nothing”, need not be rejected as useless, for if we apprehend the result “nothing” as a “determinate negation” (a negation that makes the other possible through recognition requiring negation,) then a new positive form arises,  “and in the negation the transition is made by which the progress through the complete succession of forms comes about of itself.”[9]  Here Hegel is directing the reader to understand the process described as pointing to that place where knowledge is no longer compelled to go beyond itself, where it finds its own self and the notion  (of the self and knowledge) corresponds to the object (knowledge and it perpetual relatedness) and the object to the notion.  This itself serves as an example of the process that Hegel’s work employs. 

            When Hegel asserts that in nature all is limited to its own existence and has no existence when removed from that existence, he is not describing the simple tautology that existence of a thing no longer exists when it no longer exists.  His assertion prepares the way for the next step involving an understanding of consciousness as a non-natural state.  In the non-natural state of consciousness we have both particular limited existence attributed to things existing in nature, and the “beyond”.  “Consciousness therefore, suffers this violence at its own hands, destroying its own limited satisfaction.”[10]  The simple satisfaction of pure, unmediated existence is destroyed by the consciousness' inevitable consideration of existence as an infinitesimal “now” that can not be had for consciousness except through description and secondary pointing.   This is an example of how retreat from the apprehension of truth might follow the disturbing realization of continual separation from unmediated existence.  It is also an example of how the overview that consciousness posits of separation is itself false and hollow. 

            Hegel emphasizes that what is going on in this stage of the inquiry is a recognition that “inquiry and critical examination is not the reality of knowing.”[11]  Such inquiry is not possible without some presupposition which is laid down as an ultimate criteria.  This is to say that we always pre-establish a specific framework that defines our analysis and limits it to less than knowing.  We believe that we need to begin with a standard to measure the results of our inquiry.  This limitation reveals consciousness in its most basic function, which is to distinguish itself from something, to which at the same time it relates itself.[12]   If we ask about the truth of knowledge, it seems that we are inquiring into what knowledge is in itself.  The inability to separate the object of our study from what we are studying about our object might be a problem if we were studying something other than knowledge.  However, in the study of knowledge, this is not a negative problem; the explanation of this problem reveals the process of knowing itself.   Here Hegel is presenting an example of that part of his process which in repeats a question (here “what is knowledge?”), along with successive overlays of a better understanding of what prejudices and perspectives necessarily underlie the question and our understanding of any answer.  This does not cleanse the inquiry of dead ends such as  described above.  These remain, but the process reveals a truth beyond those limited inquiries.  

            Can we remove the contradiction of the need for a standard and the standardlessness of the inquiry required for an analysis of knowledge?  Hegel says that we can make it more definite and then remove it by calling to mind the abstract determinations of knowledge and of truth as foundations  of consciousness.  “Consciousness distinguishes from itself something, to which at the same time it relates itself.”[13]   When asking what knowledge is, and confronting the problem that knowledge is our object, we realize that our question is not the truth of knowledge, but only our knowledge of it, and that the standard for this knowledge is ourselves as reasoning beings.  The truth of something, its rationality, arises from its actual function in the world.  For consciousness, the function is self awareness, uniting the universal of simple self identification with the particularization of the self in determinate objects (including its own recognition of itself as an object).

            While consciousness focuses on the specific character of the moment, knowledge, simultaneously, the other (the object of the knowing) is to consciousness not merely something existing for it, but also (beyond conscious presumption) outside this relation and possessed of being in itself.  Consciousness establishes a standard for itself which for consciousness is the essence of truth.  This is a relationship to existence that it “never fully articulates” because the simultaneously subjective and objective reality consciousness requires is not simply stated.[14]   Being for another and being in itself are both parts of the knowledge being examined.[15]   This is possible as consciousness is necessarily both conscious of an object and conscious of itself simultaneously, and this dual function is the heart of the process of consciousness.

            When Hegel leaves the overview of the procedure and moves into a seemingly direct analysis of the process of understanding, the overview continues to informs the analysis and is continually reintegrated into that analysis.  Consciousness knows only the object as an object of consciousness; we can’t get beyond that.  We have two ideas: the inherent nature of the object and knowledge that the being of the object is its being for consciousness.  Where these two do not correspond, knowledge is modified by consciousness to fit the object. This follows from our basic prejudice that the object in itself is the truth, whereas the object as known is mediated and therefore not truth.  However, this alteration in turn alters the object in so far as it is only known as an object of knowledge.  “Hence consciousness comes to find that what formerly to it was the essence is not what is per se, or what was per se was only per se for consciousness.”[16]  Here the consciousness finds that what was the seeming essential being of an object was actually not separate and absolute, but rather a component in the process of knowing itself.  In coming to this knowledge of the failure of the object of knowledge to sustain itself, the standard for examining knowledge is altered.  The course of examination alters each standard that might have been used as a criterion for examining knowledge.   Hegel says that the above process is a dialectical process that knowledge performs on itself as well as on its object, and that out of it a new true object arises and that this is termed experience.[17] 

            There is ambiguity in each truth as an object of knowledge.  Consciousness has two objects, the thing and the existence for consciousness of this thing.  The second is only a reflection of consciousness into itself, an idea not of an object, but solely of its knowledge of that first object.  Once the object becomes (through the process described above) not the presumed thing in itself, but rather something for consciousness, we have its truth. 

            The difference between the result of the process described above, and the result of skepticism is that the recognition of what Hegel summarizes in saying “since what at first appeared as object is reduced, when it passes into consciousness, to what knowledge takes it to be, and the implicit nature, the real itself, becomes what this entity per se is for consciousness; this latter is the new object, whereupon there appears also a new mode or embodiment of consciousness, of which the essence is something other than the preceding mode.”[18]   The consciousness matures, comes to accept the truth in universalizations and sets aside what is merely a belief in a mythical general interference of “real” truth through subjective knowing.  The maturing consciousness comes to understand the inevitable integration of all objective and subjective perspectives, setting aside its belief in the false idols of the objective thing itself and the general untruth of the mediating subjective perspective. “When it grasps this, its own essence, it will connote the nature of absolute knowledge itself.”[19]

            The basic movement above might be summarized as:

1) Consciousness believes it has an experience of truth in an object.  (The object can be any “other”, be it a particular thing or more importantly, when the consciousness is interested in understanding itself, itself as it is at a particular moment.)

2) Consciousness realizes that the other is not a truth because it is only experienced through mediation, through the subjective perspective of the self.  Consciousness attempting to understand itself and knowledge realizes that there is truth in its self as a certain and definite particularizing, albeit prejudicing force.

3) The consciousness then recognizes that its truth of itself and the world is only known through the sum of the object and consciousness mediation of the object.  The recognition that the first negation is negated by the second negation results in a truth that of the particularization of the self in the universals of the world and experience.

           

Sense certainty

Sense certainty, the confidence in the present moment, is easily misconstrued as the simple truth of consciousness and being.  The process by which the individual actually experiences and knows sense certainty through universals including the “now” and the “here” serves to illustrate the dialectic process of consciousness.  Sense certainty reveals both the roots of our proper relation to the world through the truth of reason and  the obstacles that track all the way through to the ethical life in the Philosophy of Right. 

We initially believe knowledge of the immediate to be what actually “is”.  The definite content given by sensuous certainty appears to be the most authentic knowledge.  However, the bare fact of sense certainty, is really “the most abstract and poorest kind of truth” as it says only that “it is of what it knows.”[20]  In sense certainty, the “I” is certain only of the fact before it, and even this, once examined in the light of the necessary mediation of our perception proves to be merely a belief in a mythical something that never really occurs.  Even if certainty did exist in the way we imagine it to, the “I” in the act of sense certainty does not process and review itself.  Hegel reminds us that we nevertheless do believe that something substantial is implied in the concept of unmediated, pure being.  The concrete actual certainty of sense is more than pure immediacy, but rather, an example of pure immediacy.  It is a unity of both a universal form of immediacy and a particularized subjective perspective.  There is a fundamental differentiation even in the experience of sense certainty: 1)the focus of attention, the immediate object, and 2)the object as effected and given substance by the individual “I”.   Moreover, neither of these two is itself immediate.   Here Hegel sets out a root movement of consciousness.  Neither the universalized object (the universal “this” that is focused on) as pure being, nor the experience of the “this” as a particularized object event, giving particularized form to the universals of the immediate, is merely immediate.  Both  are mediated and recognized through each other.   Hegel explains that this distinction is found in sense-certainty itself where we find both the object and the mediated something that is the ego.[21]   However, the object remains in some sense for us, the real truth, the essence of reality, which stands despite being known to us only through mediation.  We deal with the object only as it is contained in sense certainty, not as it might be in truth,   “The dialectic of the two fold forms of existence in the now and the here is the dialectic itself.”[22]  This is a dialectic of both sense certainty and its awareness of itself as inherently false because it is mediated and a dialectic of the two interdependent attributes of location and temporal specification.  Hegel explains that the consciousness failing to find certainty in the object realizes that it is itself the particularizing “I” in which certainty of  something beyond either a limited particular object or generalized universal exists, but that this recognition of self only comes about in reflection of the object.  This double negation creates a movement towards truth that reinforces more than existence as simply limited to the self as mere pure subjectivity or as existent in the object.

            Hegel further illustrates the movement described above with an examination of the central facet of sense certainty, the “now” itself.   If we say that “now” is night, we are expressing not a truth, but only a contingent circumstance.  The “now” is  treated as something which is, “but it proves itself to be rather something which is not”.[23]   The “now” is itself rather a universal without particular content.  The “now” is not immediately knowable, but rather necessarily mediated through particularized perspectives.  The “now” that is true in itself as a universal is indifferent to all contingencies that might be associated with it.  In that the “now” is the truth of sense certainty, and the “now” is a universal, the truth of sense certainty is universal, not the mythical fulfilled primitive experience.[24]  Even the assertion that the sense certainty of the present is most real through descriptive statements such as “it is” reveals the truth of sense certainty to lie in the universalities of basic experience.  As the real truth of sense certainty is the universal and language merely expresses this truth, “it is not possible at all to express in words any sensuous existence which we mean.”[25]  Rather, we express only the universals of the experience.

            The demonstration of sense certainty as a universal rather than sensual immediacy, establishes that the truth of the object as experienced through sense certainty is experience as a universal, rather than particular otherness.  We realize our failure to have sense certainty reveal the particular characteristics of current now and existence.  This brings about a reversal.  We come to imagine that the object (which had been thought of as the essential reality) is now the nonessential element of sense certainty, for the universal, which the object has come to be, is no longer what the object was for sense certainty.  So certainty comes to be found in the opposite element, that of knowledge and abstraction which was previously deemed nonessential, in that it was thought of as only secondary mediation of the thing itself; an interference with the thing itself as an object of knowledge.

            So, sense certainty disappears from the object, and is forced back into the “I” that is capable of experience.  Through this process, one certainty disappears into the other.  Sense certainty’s essential nature is neither the object nor “I”, rather the whole of sense certainty is its reality, not its particular moments.  Only the whole of sense certainty exists as something stable and in being taken as a whole, excludes all opposition which arose in the initial conception of what it might be.  The whole of pure immediacy comes finally to be reasserted, after the process of the double negation, as having nothing to do with “otherness”, an object entirely distinct and separate from the individual.

            Moving past the opposition described above between the mediating I and the object, through the first example of the double negation, the truth of self certainty becomes secure as self identical, with no distinction between essential and non essential, or between “I” and object.  The truth of sense certainty is neither the objective object proven to be merely universals nor the mediating subjective “I” experiencing it and which recognizes itself through the recognition that truth is not simply in the object.   This is the final step which Hegel describes this as the real experience of life.    

In summary, the “now” necessarily makes a particularized stand on one immediate relation such as “now is day.”  Examined afterwards, “now is day” has no truth.  So how is “now” the immediate constituted?  The now is posited out, after it already ceased to be, when it is pointed out.  “The now is the found to be that which is no longer the very time when it is.”[26]  It has no truth of being.   The being of now is rather related only through the pointing at a now that has always passed.  The stages of this understanding reflect the process of consciousness generally:

1) The pointing out of the “now”, and assertion of its truth, is rather as something that has been, or as something canceled and done away with.  In this it passes beyond that first truth which was never real.

2)There is an assertion of another truth, that the “now” is only a “was”.

3)What was no longer “is”.  So we then supersede and cancel its having been, and the fact of its being negated is itself negated and we return to a form of the first simple truth that the “now” is.[27] 

            This seems like a lot of work to explain basic phenomenon, but it is necessary to make sense of the developments that follow and to understand them as processes invoking insights into the processes of life rather than fixed theses.   It is useful to generalize the process described as it applies to both our understanding of the “now” in sense certainty related to knowledge and in the Philosophy of Right related to our freedom as social beings and citizens in a nation:  To begin with we have something that seems outside of ourselves and definite and objective.  We then realize that this thing, whatever it is, has only relation to us from our perspective.  We give it its reality, rather than it being its own reality and truth.  Finally we negate this second negation to return to a simple truth.  This final truth is not merely the elimination of the process as a useless dead end, but its truth as both an objective object and our subjective relationship to it.  The other, the “this”, is superseded by the other (“other” meaning something other than what the now would be in itself as a simple immediate fact), and then this otherness (a canceling of the this) is itself rejected, so finally we return to “this”. 

            Hegel, in reviewing the dialect process of sense certainty states that it is only the mere history of its process, (its experience).[28]  However, we continually forget the reality of this process, and return repeatedly to our belief that the reality of  the being of external things in the sense of “thises”, particular sense objects, has absolute validity and truth for consciousness.  As we have seen, the universal of the common experience, is not particular “thises”, but the universals of such features as “now” and the dialectic process of their relationship to us, resolved into the sense certainty that is certain not of particular things, nor as would be impossible in universals, but rather in the process of the mediation and recognition between the two.  Hegel asserts that one who continues to hold that “thisness” in its particularity is the validity and truth for consciousness “doesn’t not know what he is saying.”[29]

Hegel’s dialectic process is the unfolding, and distinguishing of the elements involved through the process itself.  These elements, amount to the object, when taken together as a single totality.  Both moments, that which perceives and that which is perceived, are non essential.  This is a return to the distinction made between the point of view of the exploration of the Phenomenology and that of actual consciousness,  whose procedure is being analyzed.

            Hegel says that the truth of consciousness is something other than consciousness itself.  However, this truth disappears in the course of our experiencing it.  The inherent being is consciousness, yet it is still as much that for which an other is.  Simultaneously it is for consciousness that the inherent nature of the object, and its “being for another” are one and the same.   Ego is the content of the relation, and itself the process of relating.  The “I” is “ego itself which is opposed to another and at the same time, reaches out beyond this other, which other is all the same taken to be only itself.”[30]

            At this early stage of the analysis of consciousness, when self consciousness distinguishes only itself as consciousness from itself, distinguishing it is irrelevant and taken to be superseded by the event of interaction with otherness.  “Then the distinction is not and self-consciousness only motionless tautology, Ego is Ego, I am I.”[31]    The external world becomes only appearance and forms a distinction from self consciousness that has no being.  This opposition of its truth and appearance finds real essence only in the truth, in the unity of self consciousness with itself.  Consciousness has the two fold object of 1) immediate object sense certainty and perception which is limited by the character of negation; and 2) itself, which is the true essence and is found in the first instance in the opposition of the first object to it.  So, self consciousness is here known in that process in which this opposition is removed and oneness or identity with itself established. 

The object of consciousness is the negative element of self consciousness.  It is also the case that it returns to itself as does consciousness.  “Through this reflection into self, the object has become life”.[32]

            What self consciousness distinguishes as having been distinct from itself, the particular object, is, in that consciousness affirms its existence, more than sense-certainty and perception; it is a being reflected into itself.  This unity breaks down into the opposition of self consciousness and life.  Hegel says that self consciousness is the unity for which absolute unity of differences exists and that life is only this unity itself.[33]    The independence possessed by consciousness at this stage is only the independence which its object in itself possesses.  In the double negation described above self consciousness finds only the object’s independence, rather than its own.

            So, both sides of the movement collapse into one another.  The later is: 1)both formation of independent individual shapes and 2) a way of canceling a shape assumed.   “The entire circuit of this activity is life.”[34]   Life is neither what is expressed initially in the immediate fullness of the object, nor is it the continuity of the universal form.  It is neither the discrete individual which exists on its own account,  nor the bare process of this form, nor again is it the simple combination of all these moments.  Hegel says that life is rather the whole which develops itself and resolves its own development.[35] 

Self consciousness is only assured of itself through “sublating” this other, which is presented to self consciousness as an independent life.[36]   Hegel’s analysis shifts its focus from the moments of consciousness into the action of self consciousness.  The idea of self consciousness’ necessary subsumption of the other is in some ways more clearly addressed in the introduction to the Philosophy of Right, discussed in part two of this paper.  Here it becomes clear that the individual can not in self consciousness by itself know, evaluate or have his own truth.  Self consciousness itself requires reflection in another self consciousness, following the same line described above.  This is not a subsequent event, but simultaneous.  The self consciousness needing to recognize itself in another is an event of both multiple individuals and of the self consciousness reflecting on itself.  The lordship and bondage section that follows, as with all of that follows should be understood as speaking to both relationships.  That the self consciousness can relate to itself as an other is one of the conditions that make the social dimension of subjectivity and the importance of the state integral to understanding ourselves.  Although a necessary condition of self consciousness is its need for recognition in another self consciousness, this should be understood as a condition of consciousness that applies to self evaluation and that also necessitates the understanding of its freedom as enabled through participation in ethical life.  Man’s innate social dimension has relevance at every level of his activity in the world as a reasoning being because of the basic capacity and need of the self consciousness to recognize itself in others, including itself.  The social drive is not a mere biologic drive, but also a necessary dimension of what it means to reason.  The circumstantially isolated individual is able to reflect on himself, to know himself.  He is even able to behave justly and achieve the freedom that is described in the connection with ethical life.  However, given the normal drives and needs which result in association and society, the social capacity of both biology and reason, the relationships, organizations and the possibility of real freedom in those organizations can be understood through the relationships described in Hegel’s analysis.  The essential capacity of reason to know itself in another reasoning self is not prior as a function of either the individual or the society.  The condition of each is the other and both simultaneously. 

            Taking into account the need for this recognition of the self consciousness in another self consciousness as an object, reflecting itself back into itself in the following we can gain a new perspective on the prior discussion.  Self consciousness is convinced of the limitation of a particular of an object, it finds this “nothingness” to be the truth of the other according to Hegel.  This is to say that self consciousness finds an object to be limited as opposed to its own infinite capacity (the self can always imagine itself as something other than any given particular).  The self thereby negates the individual object and acquires a certainty of its own self; a certainty which has become aware of an objective form.  However, this satisfaction includes experience of the independence of its object.  Certainty only by canceling the other, but then, this canceling is only successful if the other actually “is”.  So, consciousness can not abolish it.  Rather, it produces it again and again.  So negation is either (1) in another or (2) takes the form of determinateness standing in opposition to another external individual indifferent to it.  Self consciousness attains its satisfaction only in another self consciousness.[37]   

We understand self consciousness through three moments:

1)Pure undifferentiated object is its first immediate object.  2)This immediacy (the object) is itself recognized to be mediation.  It has its being only by canceling the independent object.  In Hegel’s terms, it is “desire”.  The satisfaction of desire is the reflection of self consciousness into itself.  It is the certainty which has passed into objective truth. 3) The truth of this certainty is really twofold reflection, the reduplication of self consciousness.   Self consciousness only is self consciousness when it has before it a self consciousness. 

 

Lordship and Bondage

            As described above, Hegel says that self consciousness exits in itself and for itself only in so far as it exists for another self consciousness.   Only by being acknowledged, or recognized does the self consciousness exist in itself.  This is on the one hand only another way of stating what was said initially, that the reality of the object is in the observer and the observer is only real in observing; that the consciousness realized in sense certainty is not simple being, but in so far as it recognizes itself as a mediating force and then negates this negation of simple being.   However, the emphasis on “acknowledgment” and “recognition” here is more than a different way of stating the initial simple thesis, but a development that furthers the analysis, explaining more of the world and simultaneously developing the initial dialectic. 

            In the first step, self consciousness has lost itself, since it only finds itself as an other being.  (It only recognizes itself in its mediating force on an “other.”)  In the second step, self consciousness subsumes the other, in that it does not regard the other as essentially real, but only a means for seeing its own self.  There is, however, in this movement, a “sublation” of self as the other is only itself.  Hegel says that through this “sublation”, the self consciousness gets itself back, as it becomes one with itself again through the canceling of its otherness.  From there, the otherness is given back to the other self consciousness, for the self consciousness was aware of being in the other and it cancels this aspect of its own being in the other and “thus lets the other again go free”.[38]   This other is a moment of our consciousness, which if not “freed” in the manner described, would remain merely a vessel for the mediation of our subjective consciousness.  In that sate, all of our world and ourselves are “other” and we have nothing in existence, no self consciousness, no stability.  This is to say, that if the other is not real we gain nothing through recognizing ourselves in our relationship with it.  There would be no possibility of truth or meaningful law as external manifestation of our universal subjectivity, by which we can participate in society and ourselves.  This result is the dead end of the cynicism sighted above.  Here, in using the charged words of freedom and later bondage, Hegel directs us back, on the one hand to the uselessness and shortsightedness of such analysis, and on the other to the power of applying his more complete analysis to this problem and our means of knowing as a continual process.  Only in action do we comprehend both the subjective and objective sides of our reality without falling into a static image of a fixed relationship between the two.  For example, viewing differences in cultures as the essential part of their autonomy and ability to have law results in the intractable position of cultural relativism and the impossibility of meaningful international human rights.  Understanding the essential element of autonomy of a nation to be realization of individuals through law and in rights rather than in self identity with their own differences allows a positive movement towards an international sovereign and a meaningful body of international rights.

            Hegel says that the process of self consciousness in relation to another self consciousness has been represented in the discussion above as the action of one alone, but that it is also an action of both.  So, the process is “absolutely the double process of both self consciousnesses.”  “The action from one side alone would be useless, because what is to happen can only be brought about by means of both.”[39]   Consciousness finds that it both is and is not another consciousness, as the other is for itself only in so far as it has self existence, canceling its existence for the initial consciousness.  There is a necessary struggle for each self consciousness to prove that certainty of being for itself, in order to bring it into a state of validity as an objective truth, which makes it both a fact for the other and self.  The only way to obtain freedom is through this recognition in the other, both dependent on the other and displacing the other from the position of truth.  Each self consciousness has to prove its essential nature is not bare existence, the immediate and empty form of mere appearance.  Hegel calls this a “trial by death” that cancels both the truth that was to result from it and the certainty of self altogether.[40] 

The crux of this section might be Hegel’s explanation that in the experience of the struggle, self consciousness becomes aware that life is, as described above, a process of recognition.  The first experience is the dissolution of the simple unity of self consciousness.  There are two opposed forms of consciousness:  One is independent, immediate self consciousness whose essential nature is merely to be for itself.  This is the Master.  The other, the Bondsman is, in the first analysis, dependent.  The bondsman’s self consciousness is not purely for itself, but for another, the Master.  The essence of this dependence is existence for the Master.  The Master appears to exist for itself, but is only mediated within itself through another consciousness.  The other is the Bondsman, whose nature implies that its involved with an other independent being.  The Master brings himself into relation with both moments.  The one moment being the relationship to the thing as such and the second being the relationship to the consciousness whose essential character is thinghood.  The bondsman, however, is, as an abstraction, independence as the object that the master must postulate as actual for his own definition through that object to have any reality.  The master is, in this, dependent on the bondsman.[41]  This analysis concerns ideas of master and bondsman as abstractions.  It does not apply to the bondsman resisting bondsmanship, but to the abstract relationship limited to that event of the master determining the bondsman’s actions.  It applies to their abstract, ideal relationship as a whole, but it also applies to each of the moments of the real struggle between the two.  In any real human relationship there are moments where each individual assumes the role of the master.

The moment of recognition through the other consciousness cancels itself as self existent, and itself does what the first does to it.  In terms of the ideal abstract relationship, the action of the bondsman is only the action of the master.  The master exists only for himself but is only a negative.  His only real action (in terms of the abstract master/bondsman relationship) is the assertion that he is not dependent.[42] 

            There is a necessary attempt on the part of the independent master consciousness to realize itself in the other,  the unessential (as replaceable and dependent) consciousness of  the bondsman.  However, the object, the bondsman, does not fit this formulation, because in the moment when the master has effectively achieved lordship, he has not realized independent consciousness,  but rather, a consciousness dependent on the bondsman.  The master is not assured of self existence as truth, but rather that his truth is the unessential consciousness (the truth of his limited, objective existence as master) and that the only truth of independent consciousness is his consciousness of the bondsman and his relationship to him.  The relationship comes to be understood as the opposite of its initial immediately appearance.  “…being a consciousness repressed within itself, it (bondage) will enter into itself, and change round to real and true independence.”[43]  Bondage only exists, only “is”, in relation to lordship.  However,  the self consciousness of the bondsman is in his own work, not as the master in the work of the bondsman.   In the two moments we see that the reality of the relationship, and the “being for self” of each individual depends on their mutual existence.  So too, in the case of the individual analyzing his own self consciousness, there is no reality of self consciousness without both moments of the self consciousness as subject and object.  Neither self consciousness is free in this relationship.

     We have seen what bondage is only in relation to lordship.  But it is a self-consciousness, and we have now to consider what it is, in this regard, in and for itself.  In the first instance, the master is taken to be the essential reality for the state of bondage; hence, for it, the truth is the independent consciousness existing for itself, although this truth is not taken yet as inherent in bondage itself.  Still, it does in fact contain within itself this truth of pure negativity and self-existence, because it has experienced this reality within it.  For this consciousness wants not in peril and fear for this element or that, nor for this or that moment of time, it was afraid for its entire being; it felt the fear of death, the sovereign master.  It has been in that experience melted to its inmost soul, has trembled throughout its every fiber, and all that was fixed and steadfast has quaked within it.  This complete perturbation of its entire substance, this absolute dissolution of all its stability into fluent continuity, is, however, the simple, ultimate nature of self-consciousness, absolute negativity, pure self-referrent existence, which consequently is involved in this type of consciousness.  This moment of pure self-existence is moreover a fact for it; for in the master it finds this as its object.  Further, this bondsman’s consciousness is not only this final dissolution in a general way; in serving and toiling the bondsman actually carries this out.  By serving he cancels in every particular aspect his dependence on and attachment to natural existence, and by his work removes this existence away.[44]

 

            In the master, the need for recognition has found itself in the “pure negativity of the object”, which is the bondsman’s condition of not being the master.  Through performing the actual work, the bondsman in effect delays his requirement for self recognition in another, rather realizing itself, directly in its own work.  “The consciousness that toils and serves accordingly attains by this means the direct apprehension of that independent being as itself.”[45]  The laborer attains through the work the direct apprehension of that individual doing the work as itself.   However, this type of consciousness also has a negative import.  The bondsman only becomes aware of its own ability to identify and so cancel out another through the fact that it cancels the actual form controlling it.  That is, its recognition of self in its labor is effected only through the sort of process first described in the sense certainty section, the process of the recognition of self in the object and the double negation.  However, the objective element is the external reality.  The bondsman feels self existence is real, though external and objective, only in the fear of whatever power the master has over him.  Through labor the bondsman “becomes aware, through this rediscovery of himself by himself, of having and being a mind of his own.”[46]   Without the discipline of service and obedience (work on an object, but also the objectivity of truth in external objects, realized as used beyond the double negation described above), the fear Hegel mentions remains abstract and does not “spread over the whole reality of existence” as it does in the work of the particularization of a thing, implying its universality.  Without the generalization of this state into universality (an impossibility given the undesirability of bondsmanship), the bondsman’s consciousness, when doing work on a particular object has merely a vain and futile “mind of its own”, a negativity that is not negativity per se.[47]  The bondsman is limited to this particular reactive state and cannot produce consciousness of itself as essentially real.  Hegel says that here there is only anxiety, not real fear such as the fear of total dependence that the master has, so the bondsman's “mind of his own” is simply stubbornness, a type of freedom which does not get beyond the attitude of bondage.[48]  Understanding the inherent limitations to each self consciousness in the master/bondsman relationship helps us to better understand the freedom in the ethical life of participation in family, civil society and the state.

A subordinate derived theory is like a bondsman doing the work of the master: “As little as the pure form can become its essential nature, so little is that form, considered as extending over particulars, a universal formative activity, an absolute notion;  it is rather a piece of cleverness which has mastery within a certain range, but not over the universal power, not over the objective reality.”[49]

             

Realization of Rational Self Consciousness

            In this section of the Phenomenology we see a further articulation of the process described above plaid out in the full scale of human interaction.  This section contains insights developed more fully in the Philosophy of Right.            

     The course of reason here, too, will again traverse the double movement of self-consciousness, and from independence over into its freedom. …  The final result, of the process recognized self consciousness, which has the certainty of itself in the other free self consciousness and finds its truth precisely there,  we find the realm of social order, the ethical world.  In the ethical world, nothing more than absolute spiritual unity of the essential substance of individuals in their independent reality–it is an inherent universal self consciousness, which is aware of being given reality in other consciousness, aware of its unity with the “thing” and is only then in self consciousness, wherein unity with this objective being.[50]

 

Hegel has made the transition from the abstract relationship of self consciousness to themselves and others into an abstraction of all such relationships as constituting the “ethical substance”.  This is what is real in the concept of law.  In this, the law is not reducible to a set of rights or restrictions (although these are integral), but rather exists as the abstraction of all human relationships in a universal that enables self recognition in other self consciousness as equals.  This relationship of men, through the law is not subject to the same limitations described above in the master/bondsman relationship.  The realization of self conscious reason is a process of directly apprehending complete unity with another in his independence, through the seeing of one’s own reasoning self, the universal aspect of my self, in the other and in our relationship as equals. This realization finds its complete reality and fulfillment in the life of a nation. 

R