Die Garantie der Freiheit. Hegels Begriff der Korporation als Bestandteil der Verfassung

Hegel’s political philosophy regards the “corporation” as both a civil society association and an institution guaranteed under the constitution. The present article focuses on the concept of corporation as an institution of the ‘internal constitution’ by analysing some of the writings which go back to Hegel’s Heidelberg and Berlin phases, namely the Heidelberg review of the Proceedings of the Estates Assembly of the Kingdom of Württemberg, 1815–1816, his first lectures on the Philosophy of Rights, and the Elements of the Philosophy of Rights. Notwithstanding the analysis shows that Hegel’s sophisticated constitutional culture is informed directly by, and developed along with, his involvement in the Württemberg’s political debates, yet his idea of State administration is far more elaborate than the constitutions of nineteenth-century German States which it does not, in fact, intend to merely reproduce. I shall argue that Hegel’s account of corporation is based on his specific understanding of European history and the related conceptualization of institution as a guarantee of freedom. Both history and theory are necessary tools to frame and comprehend the philosopher’s discussion of corporation, whose civil and institutional nature is essential to conceive the connection established between the government of civil society and legislative power. I contend that the role that Hegel attributes to corporations cannot be interpreted as an idea reflecting or inherited from the history of the German states, and that rather it represents the key to understanding his concept of patriotism and model of political representation via the assemblies of estates. From this perspective, it appears clear that the Hegelian theory of corporation is at the center of the philosopher’s diagnosis on the crisis and evolution of the modern State.