The notion of the right of necessity (Notrecht) in Hegel's philosophy

• Main Author: Jevtić Nevena
• Format: Article
• Language: English
• Published: Bar Association of Vojvodina, Novi Sad 2020-01-01
• Series: Glasnik Advokatske komore Vojvodine
• Subjects: philosophy of right; civil society; hegel; notrecht; necessity; possession
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2020/0017-09332004588J.pdf

This article deals with researching the meaning and importance of the right of necessity (Notrecht) in Hegel's philosophy of right. The first part of the paper introduces the basic motifs of Hegel's abstract and legal category of possession, as well as the debate with Savigny - the fundamental historical and philosophical framework of this right. The second part of the paper provides an overview of Kant and Fichte's understanding and definitions of the right of necessity within practical philosophy. A socio-political dimension will be underlined as a topic of analysis in the third part of the paper, as a key characteristic that differentiates Hegel's notion of the right of necessity from those of his predecessors.