But, furthermore, the religious spirit cannot be _really_ secularized, for what is it in itself but the non-secular form of a stage in the development of the human mind? The religious spirit can only be secularized insofar as the stage of development of the human mind of which it is the religious expression makes its appearance and becomes constituted in its secular form. This takes place in the democratic state. Not Christianity, but the _human basis_ of Christianity is the basis of this state. Religion remains the ideal, non-secular consciousness of its members, because religion is the ideal form of the stage of human development achieved in this state.
The members of the political state are religious owning to the dualism between individual life and species-life, between the life of civil society and political life. They are religious because men treat the political life of the state, an area beyond their real individuality, as if it were their true life. They are religious insofar as religion here is the spirit of civil society, expressing the separation and remoteness of man from man. Political democracy is Christian sine in it man, not merely one man but everyman, ranks as _sovereign_, as the highest being, but it is man in his uncivilized, unsocial form, man in his fortuitous existence, man just as he is, man as he has been corrupted by the whole organization of our society, who has lost himself, been alienated, and handed over to the rule of inhuman conditions and elements -- in short, man who is not yet a _real_ species-being. That which is a creation of fantasy, a dream, a postulate of Christianity, i.e., the sovereignty of man -- but man as an alien being different from the real man -- becomes, in democracy, tangible reality, present existence, and secular principle.
In the perfect democracy, the religious and theological consciousness itself is in its own eyes the more religious and the more theological because it is apparently without political significance, without worldly aims, the concern of a disposition that shuns the world, the expression of intellectual narrow-mindedness, the product of arbitrariness and fantasy, and because it is a life that is really of the other world. Christianity attains, here, the _practical_ expression of its universal-religious significance in that the most diverse world outlooks are grouped alongside one another in the form of Christianity and still more because it does not require other people to profess Christianity, but only religion in general, any kind of religion (cf. Beaumont's work quoted above). The religious consciousness revels in the wealth of religious contradictions and religious diversity.
We have, thus, shown that political emancipation from religion leaves religion in existence, although not a privileged religion. The contradiction in which the adherent of a particular religion finds himself involved in relation to his citizenship is only _one aspect_ of the universal secular contradiction between the political state and civil society. The consummation of the Christian state is the state which acknowledges itself as a state and disregards the religion of its members. The emancipation of the state from religion is not the emancipation of the real man from religion.
Therefore, we do not say to the Jews, as Bauer does: You cannot be emancipated politically without emancipating yourselves radically from Judaism. On the contrary, we tell them: Because you can be emancipated politically without renouncing Judaism completely and incontrovertibly, political emancipation itself is not _human_ emancipation. If you Jews want to be emancipated politically, without emancipating yourselves humanly, the half-hearted approach and contradiction is not in you alone, it is inherent in the _nature_ and _category_ of political emancipation. If you find yourself within the confines of this category, you share in a general confinement. Just as the state evangelizes when, although it is a state, it adopts a Christian attitude towards the Jews, so the Jew acts politically when, although a Jew, he demands civic rights.
[ * ] But, if a man, although a Jew, can be emancipated politically and receive civic rights, can he lay claim to the so-called _rights of man_ and receive them? Bauer denies it.
"The question is whether the Jew as such, that is, the Jew who himself admits that he is compelled by his true nature to live permanently in separation from other men, is capable of receiving the universal rights of man and of conceding them to others."
"For the Christian world, the idea of the rights of man was only discovered in the last century. It is not innate in men; on the contrary, it is gained only in a struggle against the historical traditions in which hitherto man was brought up. Thus the rights of man are not a gift of nature, not a legacy from past history, but the reward of the struggle against the accident of birth and against the privileges which up to now have been handed down by history from generation to generation. These rights are the result of culture, and only one who has earned and deserved them can possess them."
"Can the Jew really take possession of them? As long as he is a Jew, the restricted nature which makes him a Jew is bound to triumph over the human nature which should link him as a man with other men, and will separate him from non-Jews. He declares by this separation that the particular nature which makes him a Jew is his true, highest nature, before which human nature has to give way."
"Similarly, the Christian as a Christian cannot grant the rights of man." (P.19,20)
According to Bauer, man has to sacrifice the "privilege of faith" to be able to receive the universal rights of man. Let us examine, for a moment, the so-called rights of man -- to be precise, the rights of man in their authentic form, in the form which they have among those who _discovered_ them, the North Americans and the French. These rights of man are, in part, political rights, rights which can only be exercised in community with others. Their content is _participation_ in the community, and specifically int he political community, in the life of the state. They come within the category of political freedom, the category of _civic rights_, which, as we have seen, in no way presuppose the incontrovertible and positive abolition of religion -- nor, therefore, of Judaism. There remains to be examined the other part of the rights of man -- the _rights of man_, insofar as these differ from the _rights of the citizen_.
Included among them is freedom of conscience, the right to practice any religion one chooses. The privilege of faith is expressly recognized either as a right of man or as the consequence of a right of man, that of liberty.
Declaration of the Rights of Man and of the Citizen, 1791, Article 10:
"No one is to be subjected to annoyance because of his opinions, even religious opinions."
"The freedom of every man to practice the religion of which he is an adherent."
Declaration of the Rights of Man, etc., 1793, includes among the rights of man, Article 7:
"The free exercise of religion."
Indeed, in regard to man's right to express his thoughts and opinions, to hold meetings, and to exercise his religion, it is even stated:
"The necessity of proclaiming these rights presupposes either the existence or the recent memory of despotism."
Compare the Constitution of 1795, Section XIV, Article 354.
Constitution of Pennsylvania, Article 9, S 3:
"All men have received from nature the imprescriptible right to worship the Almighty according to the dictates of their conscience, and no one can be legally compelled to follow, establish, or support against his will any religion or religious ministry. No human authority can, in any circumstances, intervene in a matter of conscience or control the forces of the soul."
Constitution of New Hampshire, Article 5 and 6:
"Among these natural rights some are by nature inalienable since nothing can replace them. The rights of conscience are among them." (Beaumont, op. cit., pp.213,214)
Incompatibility between religion and the rights of man is to such a degree absent from the concept of the rights of man that, on the contrary, a man's _right to be religious_, is expressly included among the rights of man. The privilege of faith is a universal right of man.
The droits de l'homme, the rights of man, are, as such, distinct from the droits du citoyen, the rights of the citizen. Who is homme as distinct from citoyen? None other than the member of civil society. Why is the member of civil society called "man", simply man; why are his rights called the rights of man? How is this fact to be explained? From the relationship between the political state and civil society, from the nature of political emancipation.
Above all, we note the fact that the so-called rights of man, the droits de l'homme as distinct from the droits du citoyen, are nothing but the rights of a member of civil society -- i.e., the rights of egoistic man, of man separated from other men and from the community. Let us hear what the most radical Constitution, the Constitution of 1793, has to say:
Declaration of the Rights of Man and of the Citizen.
Article 2. "These rights, etc., (the natural and imprescriptible rights) are: equality, liberty, security, property."
What constitutes liberty?
Article 6. "Liberty is the power which man has to do everything that does not harm the rights of others",
or, according to the Declaration of the Rights of Man of 1791:
"Liberty consists in being able to do everything which does not harm others."
Liberty, therefore, is the right to do everything that harms no one else. The limits within which anyone can act _without harming_ someone else are defined by law, just as the boundary between two fields is determined by a boundary post. It is a question of the liberty of man as an isolated monad, withdrawn into himself. Why is the Jew, according to Bauer, incapable of acquiring the rights of man?
"As long as he is a Jew, the restricted nature which makes him a Jew is bound to triumph over the human nature which should link him as a man with other men, and will separate him from non-Jews."
But, the right of man to liberty is based not on the association of man with man, but on the separation of man from man. It is the right of this separation, the right of the _restricted_ individual, withdrawn into himself.
The practical application of man's right to liberty is man's right to private property.
What constitutes man's right to private property?
Article 16. (Constitution of 1793): "The right of property is that which every citizen has of enjoying and of disposing at his discretion of his goods and income, of the fruits of his labor and industry."
The right of man to private property is, therefore, the right to enjoy one's property and to dispose of it at one's discretion (a son gre), without regard to other men, independently of society, the right of self-interest. This individual liberty and its application form the basis of civil society. It makes every man see in other men not the realization of his own freedom, but the barrier to it. But, above all, it proclaims the right of man
"of enjoying and of disposing at his discretion of his goods and income, of the fruits of his labor and industry."
There remains the other rights of man: equality and security.
Equality, used here in its non-political sense, is nothing but the equality of the liberty described above -- namely: each man is to the same extent regarded as such a self-sufficient monad. The Constitution of 1795 defines the concept of this equality, in accordance with this significance, as follows:
Article 3 (Constitution of 1795): "Equality consists in the law being the same for all, whether it protects or punishes."
Article 8 (Constitution of 1793): "Security consists in the protection afforded by society to each of its members for the preservation of his person, his rights, and his property."
Security is the highest social concept of civil society, the concept of _police_, expressing the fact that the whole of society exists only in order to guarantee to each of its members the preservation of his person, his rights, and his property. It is in this sense that Hegel calls civil society "the state of need and reason".
The concept of security does not raise civil society above its egoism. On the contrary, security is the _insurance_ of egoism. None of the so-called rights of man, therefore, go beyond egoistic man,beyond man as a member of civil society -- that is, an individual withdrawn into himself, into the confines of his private interests and private caprice, and separated from the community. In the rights of man, he is far from being conceived as a species-being; on the contrary, species-like itself, society, appears as a framework external to the individuals, as a restriction of their original independence. The sole bound holding them together it natural necessity, need and private interest, the preservation of their property and their egoistic selves.
It is puzzling enough that a people which is just beginning to liberate itself, to tear down all the barriers between its various sections, and to establish a political community, that such a people solemnly proclaims (Declaration of 1791) the rights of egoistic man separated from his fellow men and from the community, and that indeed it repeats this proclamation at a moment when only the most heroic devotion can save the nation, and is therefore imperatively called for, at a moment when the sacrifice of all the interest of civil society must be the order of the day, and egoism must be punished as a crime. (Declaration of the Rights of Man, etc., of 1793.) This fact becomes still more puzzling when we see that the political emancipators go so far as to reduce citizenship, and the political community, to a mere means for maintaining these so-called rights of man, that, therefore, the citizen is declared to be the servant of egotistic man, that the sphere in which man acts as a communal being is degraded to a level below the sphere in which he acts as a partial being, and that, finally, it is not man as citizen, but man as private individual [ bourgeois ] who is considered to be the essential and _true_ man.
"The aim of all political association is the preservation of the natural and imprescriptible rights of man." (Declaration of the Rights, etc., of 1791, Article 2.)
"Government is instituted in order to guarantee man the enjoyment of his natural and imprescriptible rights." (Declaration, etc., of 1793, Article 1.)
Hence, even in moments when its enthusiasm still has the freshness of youth and is intensified to an extreme degree by the force of circumstances, political life declares itself to be a mere _means_, whose purpose is the life is civil society. It is true that its revolutionary practice is in flagrant contradiction with its theory. Whereas, for example, security is declared one of the rights of man, violation of the privacy of correspondence is openly declared to be the order of the day. Whereas "unlimited freedom of the press" (Constitution of 1793, Article 122) is guaranteed as a consequence of the right of man to individual liberty, freedom of the press is totally destroyed, because "freedom of the press should not be permitted when it endangers public liberty". ("Robespierre jeune", _Historie parlementaire de la Revolution francaise_ by Buchez and Roux, vol.28, p.159.) That is to say, therefore: The right of man to liberty ceases to be a right as soon as it comes into conflict with _political_ life, whereas in theory political life is only the guarantee of human rights, the rights of the individual, and therefore must be abandoned as soon as it comes into contradiction with its _aim_, with these rights of man. But, practice is merely the exception, theory is the rule. But even if one were to regard revolutionary practice as the correct presentation of the relationship, there would still remain the puzzle of why the relationship is turned upside-down in the minds of the political emancipators and the aim appears as the means, while the means appears as the aim. This optical illusion of their consciousness would still remain a puzzle, although now a psychological, a theoretical puzzle.
The puzzle is easily solved.