Hegel and the Russian Constitutional Tradition

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Hegel and the Russian Constitutional Tradition

ABSTRACT: This paper advances the idea that Russian constitutionalism developed through a reinterpretation of Russian history in terms of Hegel's concept of the World Spirit. Russians implicitly viewed their nation as the embodiment of Hegel's World Spirit, which would have a unique messianic mission for humanity. However, the specifics of Russia's historical development diverged from Hegel's critical stage of ethical development, in which individuals would be mutually recognized as free beings. For this reason, the rights of the individual in Russia were seen until recently as originating exclusively in the state and valid only insofar as a given individual constituted an organic part of the whole or collective. I give examples from all six Russian and Soviet constitutions. I also demonstrate how the 1993 post-Soviet constitution represents a major breakthrough in the advancement of individual rights in Russia.

Hegel is the philosopher whose teachings on history, politics and law set the stage for the genesis and evolution of the Russian constitutional tradition. Although Hegel made only a brief mention of Russian history in his own writing, (1) his theories have played a major role throughout the development of Russian constitutionalism.

In my presentation I would like to raise and develop, as time allows, the following five theses:

1) The mature Russian political and legal tradition emerged in the middle of the 19th century through reinterpretation of previous Russian national development in terms of Hegel's understanding of history as a process of the self-development of the World Spirit as the Absolute.

2) The embodiment of the World Spirit was interpreted as th...

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(3) D. I. Chizhevskii, Gegel. v Rossii [Hegel in Russia] (Paris: Dom knigi, 1939) 32-35, 50, 222, 246-258.

(4) Hegel, Phenomenology of Spirit, trans. A. V. Miller (Oxford: Oxford University Press, 1977) 212.

(5) Hegel's Philosophy of Mind, Being Part Three of the Encyclopaedia of the Philosophical Sciences (1830), trans. William Wallace (Oxford: Clarendon, 1971) 240.

(6) K. D. Kavelin, "Vzgliad na iuridichevkii byt drevnei Rossii," in Nash umstvennyi stroi: stat. i po filosofii russkoi istorii i kul. tury ["A View of the Legal Life of Old Russia," in Our State of Mind. Articles on the Philosophy of Russian History and Culture] (Moscow: Pravda, 1989) 15.

(7) Hegel, Lectures on the History of Philosophy in three volumes, vol. 2 (Lincoln and London: University of Nebraska Press, 1995) 97. I made some corrections in the translation of this piece from Hegel.

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