John Morrow
For Schlegel the state was a ‘great moral individual’, forged by affection and
belief, not a mechanical contrivance produced by contract and held together
by the power of an absolute monarch or a sovereign people (Schlegel 1964,
pp. 122–4;cf.Faber1978,p.60).
M
¨
uller endorsed these sentiments, but he treated the state as a self-
subsistent totality and did not relate it to the universal goal of human
perfection. The framework of this account of the state was provided by his
conception of the bipolar structure of the natural and social worlds (M
¨
uller
1804; Berdahl 1988,pp.165–6; Klaus 1985,pp.40–1; Koehler 1980,pp.20,
53, 59, 79–80, 86, 98;Reiss1955,pp.29–30). In politics the conserving and
innovating principles of old age and youth, and the masculine principle of
law and the feminine principle of love, produced a unity that was focused
on the ‘idea of the state’. It was, M
¨
uller wrote, ‘the intimate association of
all physical and spiritual wealth [in a] great energetic, infinitely active and
living whole. The state is that point in man in which all bodily and mental
interests coincide’ (M
¨
uller 1922, i,p.39;Reiss1955,p.150; cf. Immerwahr
1970,p.34).
In common with other German romantics M
¨
uller rejected the image of
the state as a machine because this implied that mechanical standards could
be applied to it.
7
He also resisted attempts to apply natural law doctrines
to the state. The ‘idea of law’ resulted from a polar opposition between a
physical or positive element on one side and a ‘spiritual or universal and
universally valid’ element on the other. The coexistence of the positive and
the universal produced a system of regulation which mirrored the fluid,
expansive character of the state. The ‘idea of law’ was ‘never concluded or
completed, but [was] always in the process of infinite and living expansion’
(M
¨
uller 1922, i,pp.41–2; Gottfried 1967,pp.236–7). Like the state itself,
law expressed the common consciousness of an organic community; it
was a product of consciousness not the arbitrary creation of the sovereign
(cf. Zilkowski 1990,pp.95–6).
There are close parallels between M
¨
uller’s critique of the legalistic basis of
political individualism and Edmund Burke’s anti-individualistic application
of the common law tradition in the 1790s. Burke’s ideas were well known
in Germany and admired by M
¨
uller and other contemporaries. German
7 The ‘mechanistic administration’ of the factory state of which Novalis complained (Novalis 1969c,
No. 36) had its theoretical counterpart in conceptions of the state as a mighty machine propelled by
the self-interest of its subjects and controlled by the absolute power of the monarch. These images of
the state were common in the eighteenth century; they are, perhaps, epitomised by August Ludwig
von Schloezer’s blunt statement that ‘the state is a machine’ (quoted in Krieger 1972,pp.46ff., 77).
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