Hegel’s subtle interpretation of the positivity of right

Abstract

The present article aims to show the versatility of Hegel’s conception of the “positivity” of right and, through it, his claim to achieve a philosophical mediation between the ethical and political conceptions confronting each other in modernity. It is very revealing that Hegel used this expression in a double sense: not only to question the pure normativity of modern theories of rational freedom, but also to criticize the stagnant forms of institutional realization of ethical ways of life throughout history. We will analyze this double aspect of Hegel’s conception of positivity, first, by taking as a reference his polemic with the Historical School of Law and, second, by evoking his questioning of modern theories of natural law. We believe that therein lies an enduring lesson about the need to seek forms of mediation between normativity and realism in political philosophy.