Foundations of Natural Right according to the Principles of the Wissenschaftslehre (review)

Though best known for his immensely influential effort to "systematize" Kant's Critical philosophy and to ground the same upon a transcendental analysis of the structure of self-consciousness, Fichte also made seminal contributions to social and political philosophy. Of these contributions, the most original is surely his effort to demonstrate that mutual recognition of free subjects is a condition for the possibility of individual self-consciousness. This transcendental deduction of the essentially social or intersubjective character of human beings provides the theoretical underpinnings for a pure theory of Naturrecht ("natural law" or "natural right"), in which the principles of political philosophy are established without any reference to the purely practical principles of morality. Unlike moral laws, the principles of right are only hypothetically or conditionally valid, inasmuch as they are dependent upon one's free decision to live in a community of free beings and to limit one's own freedom accordingly.

Justice and law are thereby grounded upon a new, distinctly political conception of human freedom, which is itself grounded in a new account of the intersubjective dimension of self-consciousness. Following his deduction of the pure concept of right, Fichte proceeds to deduce the conditions for applyingthe same, among the most significant of which is embodiment. Here again, Fichte was a pioneer in arguing for the necessary connection between self-consciousness and the human body. The next step is to demonstrate in detail how social relations between embodied free agents must be organized if such agents are to co-exist in a community. This hypothetical application of the pure concept of right establishes both the "right of coercion" and the basic outlines of the "right of the state," and hence the general form of any legitimate state constitution.

Though it appears that Fichte is working with the social contract tradition, his deductive strategy requires a fundamental revision of the same and allows him to construct a theory of the just state that is both recognizably "liberal" and extraordinarily open to considerations of economic justice and social welfare. It is for this reason that some European philosophers (notably, Luc Ferry and Alain Renaut) have in recent decades employed Fichte's political thought as a major resource in their effort to defend a rights-based political theory against attacks from both the right and the left.

The primary source of Fichte's political philosophy is his 1796/97 Grundlage des Naturrecht, a work that exercised a decisive influence upon Hegel (whose Phenomenology of Spirit is often and incorrectly described as the first effort, within the context of post-Kantian Idealism, to demonstrate that intersubjectivity is a condition for the possibility of self-consciousness). Directly and indirectly (that is, through Hegel) Fichte's social and political philosophy exercised a strong influence upon Marx and other nineteenth- and twentieth-century socialists.

For all of the above reasons, the appearance of a new and reliable English translation of Fichte's Grundlage des Naturrechts is a cause for celebration. Let it be said at once that Michael Baur's translation is simply marvelous. It is accurate and readable, as well as faithful to the style of this, one of Fichte's best-written works. Frederick Neuhouser's Introduction to this translation is equally fine. In it, Neuhouser not only outlines Fichte's main arguments and conclusions, but also offers a brief but trenchant critical appraisal of the historical significance of Fichte's achievement and of the potential relevance of his ideas to contemporary debates and discussions. The Introduction also includes a provocative and well-balanced discussion of some of the unresolved problems implicit in Fichte's arguments. Readers will also appreciate the useful "Guide to Further Reading," and index...