philosophy of right-第37节
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capital； however； and the proper means of its consolidation will appear in the section on civil
society。
§ 171。
The family as a legal entity in relation to others must be represented by the
husband as its head。 Further； it is his prerogative to go out and work for its living；
to attend to its needs； and to control and administer its capital。 This capital is
common property so that； while no member of the family has property of his
own； each has his right in the common stock。 This right； however； may come into
collision with the head of the family's right of administration owing to the fact that
the ethical temper of the family is still only at the level of immediacy （see § 158）
and so is exposed to partition and contingency。
§ 172。
A marriage brings into being a new family which is self…subsistent and
independent of the clans or 'houses' from which its members have been drawn。
The tie between these and the new family has a natural basis … consanguinity； but
the new family is based on love of an ethical type。 Thus an individual's property
too has an essential connection with his conjugal relationship and only a
comparatively remote one with his relation to his clan or 'house'。
Remark： The significance of marriage settlements which impose a restriction on the couple's
common ownership of their goods； of arrangements to secure continued legal assistance for the
woman； and so forth； ties in their being provisions in case of the dissolution of the marriage； either
naturally by death； or by divorce； &c。 They are also safeguards for securing that in such an
eventuality the different members of the family shall secure their share of the common stock。
Addition： In many legal codes the wider circle of the clan is adhered to； and this is regarded as
the essential bond； while the other bond； that of each particular family； appears less important in
comparison。 Thus in the older Roman law； the wife in the easily dissolved type of marriage stood
in a closer relation to her kinsfolk than to her husband and children。 Under feudal law； again； the
maintenance of the splendor familiae made it necessary for only the males of the family to be
reckoned members and for the clan as a whole to count as the important thing； while the newly
founded family disappeared in comparison。 Nevertheless； each new family is the essential thing in
contrast with the more remote connections of clan…kinship； and parents and children form the
nucleus proper as opposed to the clan； which is also in a certain sense called a 'family'。 Hence an
individual's relation to his wealth must have a more essential connection with his marriage than with
the wider circle of his kin。
C。 The Education of Children and the Dissolution of the Family
§ 173。
In substance marriage is a unity； though only a unity of inwardness or disposition；
in outward existence； however； the unity is sundered in the two parties。 It is only
in the children that the unity itself exists externally； objectively； and explicitly as a
unity； because the parents love the children as their love； as the embodiment of
their own substance。 From the physical point of view； the presupposition …
persons immediately existent （as parents） … here becomes a result； a process
which runs away into the infinite series of generations； each producing the next
and presupposing the one before。 This is the mode in which the single mind of the
Penates reveals its existence in the finite sphere of nature as a race。
Addition： The relation of love between husband and wife is in itself not objective； because even
if their feeling is their substantial unity； still this unity has no objectivity。 Such an objectivity parents
first acquire in their children； in whom they can see objectified the entirety of their union。 In the
child； a mother loves its father and he its mother。 Both have their love objectified for them in the
child。 While in their goods their unity is embodied only in an external thing； in their children it is
embodied in a spiritual one in which the parents are loved and which they love。
§ 174。
Children have the right to maintenance and education at the expense of the
family's common capital。 The right of the parents to the service as service of their
children is based upon and is restricted by the common task of looking after the
family generally。 Similarly； the right of the parents over the wishes of their
children is determined by the object in view … discipline and education。 The
punishment of children does not aim at justice as such； the aim is more subjective
and moral in character； i。e。 to deter them from exercising a freedom still in the
tolls of nature and to lift the universal into their consciousness and will。
Addition： Man has to acquire for himself the position which he ought to attain； he is not already
in possession of it by instinct。 It is on this fact that the child's right to education is based。 Peoples
under patriarchal government are in the same position as children； they are fed from central stores
and not regarded as self…subsistent and adults。 The services which may be demanded from
children should therefore have education as their sole end and be relevant thereto； they must not
be ends in themselves； since a child in slavery is in the most unethical of all situations whatever。
One of the chief factors in education is discipline； the purport of which is to break down the child's
self…will and thereby eradicate his purely natural and sensuous self。 We must not expect to achieve
this by mere goodness； since it is just the immediate will which acts on immediate fancies and
caprices； not on reasons and representative thinking。 If we advance reasons to children； we leave
it open to them to decide whether the reasons are weighty or not； and thus we make everything
depend on their whim。 So far as children are concerned； universality and the substance of things
reside in； their parents； and this implies that children must be obedient。 If the feeling of
subordination； producing the longing to grow up； is not fostered in children； they become forward
and impertinent。
§ 175。
Children are potentially free and their life directly embodies nothing save potential
freedom。 Consequently they are not things and cannot be the property either of
their parents or others。 In respect of his relation to the family； the child's
education has the positive aim of instilling ethical principles into him in the form
of an immediate feeling for which differences are not yet explicit； so that thus
equipped with the foundation of an ethical life； his heart may live its early years in
love； trust； and obedience。 In respect of the same relation； this education has the
negative aim of raising children out of the instinctive； physical； level on which
they are originally； to self…subsistence and freedom of personality and so to the
level on which they have power to leave the natural unity of the family。
Remark： One of the blackest marks against Roman legislation is the law whereby children were
treated by their fathers as slaves。 This gangrene of the ethical order at the tenderest point of its
innermost life is one of the most important clues for understanding the place of the Romans in the
history of the world and their tendency towards legal formalism。
The necessity for education is present in children as their own feeling of dissatisfaction with
themselves as they are； as the desire to belong to the adult world whose superiority they divine； as
the longing to grow up。 The play theory of education assumes that what is childish is itself already
something of inherent worth and presents it as such to the children； in their eyes it lowers serious
pursuits； and education itself； to a form of childishness for which the children themselves have
scant respect。 The advocates of this method represent the child； in the immaturity in which he feels
himself to be； as really mature and they struggle to make him satisfied with himself as he is。 But
they corrupt and distort his genuine and proper need for something better； and create in him a
blind indifference to the substantial ties of the intellectual world； a contempt of his elders because
they have thus posed before him； a child； in a contemptible and childish fashion； and finally a vanity
and conceit which feeds on the notion of its own superiority。
Addition： As a child； man must have lived with his parents encircled by their love and trust； and
rationality must appear in him as his very own subjectivity。 In the early years it is education by the
mother especially which is important； since ethical principles must be implanted in the child in the
form of feeling。 It is noteworthy that on the whole children love their parents less than their parents
love them。 The reason for this is that they are gradually increasing in strength； and are learning to
stand on their own feet； and so are leaving their parents behind them。 The parents； on the other
hand； possess in their children the objecti
