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Right as the Realization of History; A Hegelian Reading of the Dynamism of Law Versus the Static Orientation of the Text-Centered Approach
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Hamidreza Saadat Niaki *    |
| Member of the Canadian Philosophical Association (CPA). |
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Abstract: (82 Views) |
This article examines the fundamental tension between the historical dynamism of law in
Hegel’s philosophy of right and the static orientation of the text-centered approach in legal
and interpretive traditions. The central question is whether the legitimacy of law derives from
a fixed, supra-historical text, or from the rational realization of freedom within history. In
Hegel’s system, “right” is nothing other than the objectification of freedom in history, and law
constitutes a moment in the unfolding of spirit. By contrast, the text-centered approach
whether in religious, legal, or positivist form reduces law to mere text and regards
fundamental change as a threat to stability.
The article shows that, in Hegel’s dialectical logic, the legitimacy of law is realized only
in relation to rational history and freedom. To clarify this claim, the study first outlines the
theoretical foundations of Hegel’s philosophy of right: the free will and its dialectical
structure, the three levels of right (abstract right, morality, and ethical life), and the roles of
institutions such as family, civil society, and the rational state. Drawing on concepts such as
concept (Begriff), sublation (Aufhebung), recognition (Anerkennung), national spirit
(Volksgeist), and reconciliation (Versöhnung), it argues that law is inherently dynamic, and
any absolutization of the text leads to alienation (Entäußerung) and a crisis of legitimacy.
The article then presents three reconstructed objections of the proponents of the textcentered
approach; ambiguity, historicism, and disregard for the text and provides Hegelian
responses to them. The analysis demonstrates that freedom serves as the stable criterion of
legitimacy, while history is the arena of its gradual realization. Finally, the implications of
this approach for contemporary legal philosophy are explored, showing that the text-centered
approach, whether in religious traditions or in modern Textualism, ultimately proves
inadequate. Thus, Hegel’s thought opens a new horizon for rethinking legal legitimacy and for
criticizing text-centered legal systems. |
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| Keywords: Freedom, Philosophy of Right, Text-centered Approach, Legitimacy of Law, Sublation |
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Full-Text [PDF 754 kb]
(53 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/05/24 | Accepted: 2025/10/30 | Published: 2025/11/6
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