Relationship between the Individual and the State in Hegels Historical Jurisprudence

In the Philosophy of Rights Hegel stated that law is an offshoot or branch of freedom. The ever-increasing justification for a structured law proved the historical progress or metamorphosis of law. The process of systematized and rationalization of legal structure is a benchmark for historical development. Through codification, there is a conscious attempt to make laws systematic and rational and the rulers following this procedure are the most beneficiaries the people, Avineri (2003).

According to Hegel, the most important differentiation between despotism and an orderly state is the existence of structured unambiguous and fixed rules, which binds the government by its enactments. Hegel’s known reason for objection in both extreme situations of absolute monarchy and also majoritarian democracy there is a common aspect of law becoming inactive in dealing as absolute regulatory machinery and can transform into tyrannical and an individual autocrat dictator. Courts of law are the repository of individual rights. The individual as a member of the civil society possesses these rights and the duty of protecting and administration of justice are entrusted on them. Every individual has the right to get justice and it has to be demonstrated clearly. Laws are supposed to be made public and promulgated. In case of laws having a binding force, it is mandatory that they must possess universal self-consciousness and universally recognized. Laws should not be so complicated that it becomes ambiguous for them to have a clear understanding. Another corollary of a universal legal right is to make legal proceeding public, this is because the trial is a subject matter of universal validity and it is the concern of the parties alone but still the applicability of the rights in the issue and the judgment affects the public universally. So publicity of justice is right and it enhances the confidence level of the public.