Oldal 82 [82]
OCR
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 opposition 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)
