Hegel on Polygamy
De Marneffe (2016) is one of the many philosophers of today
that supports polygamous relationships. His main argument supports for
decriminalization of polygamous cohabitations which lies on his claim that we
have a right to sexual freedom. For him, having a right does not require the
act to be morally acceptable. Like the right to sexual freedom, it does not
need to be morally permissible to a certain society for it to be our right. We
just basically have this right simply by virtue of being an adult human being. As
adults, we should not be hindered by anyone, that means including the state, to
choose who and how many our sexual partners are.
For Hegel, we are born free. It is because of our inherent freedom, as individuals, that we have certain rights. However, just like our freedom, our rights have certain limitations. We don’t just have a right for everything. The reason for certain limitations on our rights and freedom lies on Hegel’s concept of mutual recognition. Mutual recognition simply means that I recognize others as having certain rights and freedom and in turn others also recognize me as having them. Without mutual recognition, our rights and freedom are not concrete. Which means, that I cannot actualize or practice those certain rights that I have in mind in the society. So, Hegel envisioned individuals to decide among each other in a certain society what their specific rights are. Hegel shares with the Greeks his utmost trust on the individual as a rational being. That, with this rationality, man can effectively decide on what is good for him and the society. After the individuals in a certain society or state, or citizens, decide what are their rights are, it is then the state that will embody these and protect these through the creation of laws.
With that, it is implicitly said that for Hegel we do not choose to have certain rights as an individual. This is attained through a mutual recognition. So, in response to Marneffe, I believe he is mistaken about his idea of rights. In his claim that we have a right to sexual freedom, it lies in the belief that we have such a right because we are adults. As adults, we can then decide whatever we desire to do with our body in relation to other people. But, for me, the moment that this “right” affects the other person then I believe we should invoke a Hegelian concept of right for this. So, this right to sexual freedom is not actually a right. Or to put it more clearly, that right is not an “actual” or “concrete” right. Because for that right to be concrete it requires mutual recognition. And it is, I believe, obvious that mutual recognition for that "right" is not met. No society or state as a whole agrees on the permissibility of such a right. So, individuals ultimately cannot act upon and demand for respect on such a right.
Sources:
De Marnefe, Peter. 2016. "Liberty and Polygamy." In After Marriage: Rethinking Marital Relationships, edited by Elizabeth Brake, 125-159. New York, USA: Oxford University Press.
Houlgate, Stephen. 2003. "G.W.F. Hegel: The Phenomenology of Spirit". In The Blackwell Guide to Continental Philosophy, edited by Robert C. Solomon and David Sherman, 8-29. USA: Blackwell Publishing Ltd.
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