Oldal 82 [82]
add. And if I already know ít is my right to do what I may do,
then all I have to do is answer what I may do. The question “what
may I do?” is the same as asking, “What are the rights I was born
with?” and the question of original rights*’ will be determining
in this case. Let us take the idea that a person is born free and
equal. This is an ideal that, however, has no reality. Its reality
lies in its pursuit: striving to remain free and striving to be equal
with others. It is “necessary” to strive against the real and towards
the ideal. If the goal is impossible, so be it. I will return to the
latter point.
What then are the rights humans are born with? It is important
to know primarily that we have seen that unlimited freedom
cannot be realized. There is no communication in this, since
in this case there would not even be someone (the other) with
whom to conduct a dialogue. Unlimited freedom will never be
a reality, only an ideal. We have seen that Hegel agrees. This is
the problem he describes in terms of master and servant or slave.
Ideal freedom is, on the other hand, exclusively the freedom of the
imagination. Its real field is not science but arts and philosophy.
The imagination always enjoys unlimited freedom.
3.2 The law is an institution that creates restrictions to the will,
where the originally unlimited freedom becomes constrained.
Schelling names the second element compulsory right**. The will
is opposed by another will, just as in everyday life the will of one
person is opposed to the other, and these limit each other; that
is, what may be called a right is nothing more than a restriction.
Thus, the legal system is the coordination of forces in opposi¬
tion to each other, in which, in my opinion, two elements play
a decisive role:
© Internal restrictions
© External restrictions
37 Urrecht
38 Compulsory or compulsive right (Zwangsrecht)