Note 1.5A - criticism of previous views

1.5A criticism of previous views

  1. The doctrine of the volonté generale is based on a fictitious identification 1


1 references 13.1 ; 17.3g1 ; 16.8
system. Linkage may 21,10d
system. Linkage 28,19c6 / 7


1.5A1 - Stations and representatives of this teaching:

  1. The Greek equation of state and society,
  2. Rousseau, Hegel, Bosanquet

There is an actual, reasonable, real will in man, independent of his subj. Mine and strive. This will is the same, even identical, in all members of society.

Another prerequisite: There is a right solution for every question - and the will strives for this one solution. Consequence: Freedom and coercion coincide, because the individual is only forced to carry out his actual will, ie to act freely.

Branches to 1.5A1a


1.5A2 Criticism of this teaching:

It ignores the factual individual wills and their contradictions through a fiction. She doesn’t see the chaos to be ordered at all.

It turns the state into a substance of real being, whereas science has to emphasize the relational character - cf. also 1.6e and especially Cohen’s criticism from this point of view.

Cf. also the criticism of Heller, Staatslehre, especially p. 228f. ;
see. also 83,2c5.

Branch Slip 1.5A2a

continued …

1.5A3 - On the National Socialist doctrine of the unity of state and people, cf. Huber, Z fd total. Stw. 95 (1935), p. 33ff.

Only the fact of the Germans abroad, to whom claims were made, prevented indiscriminate equation. Therefore only: “inseparable unity”.“The state is the living form and order, the shape of the people” (Huber, p. 34).


1.5A4 - The doctrine of the will of the people is to be placed in connection with the basic determination of the state through rule. Cf. 21.10d

The problems of this teaching and its various possible solutions arise from this relation.

In principle, it must see the people as a ruling unit - and to that extent: as a unit of will. Without this reference to the sovereignly organized state, it would be impossible to see why the unity of the people must be found precisely in the will.

Further explains why the people be as a state organ is acting (eg Jellinek, General Theory of the State. ) And so to speak, institutionalized as rulers will.