Abstract

This paper aims to explain the conception of justice in Hegel’s Philosophy of Right. It binds the conception to the idea of freedom in its different ways of determination. It starts from the notion of person of right and indicates the fundamental rights that derive from the expression of this legal capacity. It highlights the right of necessity as a right to make an exception in favor of itself aiming at the realization of justice. It shows how the administration of justice takes place through the Law in civic society.

Highlights

  • This paper aims to explain the conception of justice in Hegel’s Philosophy of Right

  • By devising principles of justice to be applied to society's basic structure, Rawls understood Hegel's criticism of the excessive formalism in Kant's morals and the consequent appreciation of the ethical system and its social institutions

  • Reclaiming their importance is essential for a theory of justice, because it is in them that justice's own content, i.e. freedom, is actualized

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Summary

THADEU WEBER*

ABSTRACT – This paper aims to explain the conception of justice in Hegel’s Philosophy of Right. The system of right is “the kingdom of actualized freedom” (Rph §4)[1] In such setup, any and all Philosophy of Right may be considered a theory of justice, two moments are especially important in the aforementioned text: one refers to the “abstract right” and the other to civil society. Any and all Philosophy of Right may be considered a theory of justice, two moments are especially important in the aforementioned text: one refers to the “abstract right” and the other to civil society They are two levels in which Hegel directly addresses the topic of justice connected to the idea of freedom as a Conception of Right.

Justice and the immediate determinations of freedom
The right of necessity
Justice and civic society
Justice and the State
Final considerations
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