Natural Law Foundation (Translation of World Classics Series)

Author:〔〕, translated by Xie Dikun and Chen Zhimin
Publisher:
Publish Date: 2004-09-01
Features: This book was previously included in the Selected Works of Fichte Volume 2 (Commercial Press, 1994). Given that it is the most profound and comprehensive treatise in German classical philosophy that embodies the democratic principle, it is now published as a standalone volume to reach a wider audience. As a classic of German philosophy and a world academic masterpiece, it has been published in various languages numerous times. To the best of my knowledge, there are six German editions: the original edition, Part 1 (Jena and Leipzig, 1796); Part 2 (Jena and Leipzig, 1797). The second edition, included in Fichte’s Complete Works Volume III, edited by I. H. Fichte (Berlin, 1845). The third edition (Leipzig, 1908). The fourth edition (Leipzig, 1922), included in Meiner’s Philosophical Series, Volume 128. The fifth edition (Hamburg, 1960), included in Meiner’s Philosophical Series, Volume 256. The sixth edition, included in the Bavarian Academy of Sciences’ edition of Fichte’s Complete Works, Part 1: Part 1 in Volume 3 (Stuttgart, 1966); Part 2 in Volume 4 (Stuttgart, 1970). Translations into other languages include: 1. English edition, translated by A. E. Kroeger, ed., Philadelphia, 1869; second edition, London, 1889; third edition, New York, 1970. Translated by M. Bauer, Cambridge and New York, 2000. 2. French edition, translated by A. Renaut, Paris, 1984. 3. Italian edition, translated by L. Fonnesu, Rome, 1994. 4. Japanese edition, included in the Japanese edition of Fichte’s Complete Works, Volume 6, edited by Mitani, 1997. This book was translated by Xie Dikun and Cheng Zhimin a decade ago, based on Volumes 3 and 4 of the Bavarian Academy of Sciences’ edition of Fichte’s Complete Works. We revised Xie Dikun’s translation of the Introduction and , Parts 1, 2, and 3, as well as Cheng Zhimin’s translation of the Introduction to Family Law and the Introduction to International Law and World Citizenship. Taking this opportunity to publish it as a standalone volume, the translators and I have further revised and proofread the text, striving to address any errors.
In terms of terminology, two points need clarification. , Rechtsgesetz is uniformly translated as the Law of Right, because it is relative to Naturgesetz (the Law of Nature). Just as Sittengesetz (the Law of Morality) is relative to Naturgesetz, Rechtsgesetz and Sittengesetz are laws that govern respective social domains, representing freedom rather than necessity. Specifically, Naturgesetz is the law governing the entire natural world, while Rechtsgesetz and Sittengesetz govern two distinct social realms. Second, Vernunftwesen was originally translated as rational being, but it is now translated as rational entity. The reason is that Fichte regards humans as endliches Vernunftwesen (finite rational entities) and God as unendliches Vernunftwesen (infinite rational entities). Therefore, it would be inaccurate to say that God is an infinite rational being, and thus Wesen is translated as entity for greater precision. Of course, when referring to natural things, we translate unvernünftiges Wesen as irrational being.
The full title of this book is The Foundation of Natural Law Based on the Principle of Science. It means that this is a study of the legal domain of human society applied through the principles of Science. Fichte’s Science is both a new metaphysics and a new logic, so understanding this book requires a solid foundation in metaphysics, which may present some challenges. I often hear friends say that the latter half of this book is easier to understand than the former, likely due to this reason. However, just as we cannot skip the more challenging Dao Jing when studying Laozi’s Tao Te Ching, we should not overlook the philosophical parts when reading a classic work of legal philosophy, even if the legal sections seem more straightforward. To overcome this difficulty, it might be helpful to read Fichte’s works from his Jena period, such as On the Concept of Science and New Perspectives on Science, before tackling this book. This could provide the necessary metaphysical background to aid in a deeper understanding of this classic philosophical work.