Abstract

SALVADORI, Mateus  and  SANGALLI, Idalgo José. The ethical substantiality of hegelian State-Constitution. Conjectura: filos. e Educ. [online]. 2016, vol.21, n.1, pp.92-113. ISSN 2178-4612.  https://doi.org/10.18226/21784612.v22.n1.92.

The article aims to address the fundamental means of how the State should be to be the ethical substantiality, according to the thought of the German philosopher G.W.F. Hegel (1770-1831). From the analysis of some passages of the Hegelian works called Principles of philosophy of Law and Lessons about the universal philosophy of history, along with the help of some commentators, will be tried first identify the linking of the concept of State with the concept of History, accompanying some of the fundamental movements and analyzing, then, what is, what its origin and what represents the moment of the Constitution submitted in Hegel’s ethical-political approach. Properly understood, the Constitution in Hegel has an ethical and not abstract reasoning. Hegel does not address the written Constitution, but the Constitution which is the State organization. The ethical basis that sustains the Constitution is the “spirit of the people”, which is composed of the ethos, origin, history, customs and habits of a people. The Constitution is the best expression of what is the people, when the people recognize themselves in the Constitution. To treat the Hegelian Constitution is to treat, therefore, the State, is dealing with the reconciliation of freedom and necessity, the organization of all in front of the disorder on the historical political State.

Keywords : Ethics Substantiality; Hegelian Constitution-State; Freedom.

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