page-62.pdf - Law Its Concept and Actualizations 27 was for the rise of legal positivism52and on the basis of which it is possible as the Roman

page-62.pdf - Law Its Concept and Actualizations 27 was for...

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Law: Its Concept and Actualizations 27 was for the rise of legal positivism52—and on the basis of which it is possible, as the Roman jurisprudents used to say, to “give each his due.” Thus, by strati- fying law, Hegel is not unduly expanding the notion of law but is rather try- ing to emphasize that its principle coincides with his own understanding of freedom presupposing, in a circular way, its own objectification. One may or may not agree with this interpretation, but the fact remains that it determines Hegel’s conception of the articulation of private law, morality, and Sittlichkeit in a coherent and systematic totality, one ordered by the principle of the ob- jectivization of freedom. The result is that the thesis of Hegelian antilegalism that I presented at the beginning of this chapter is untenable. Otherwise, how are we to explain the fact that Hegel, in spite of his acute awareness of the limits of “narrow legal
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