Institutions in the ‘French Sense’: Gustav Hugo and Hegel’s Institutionalization of Ethical Life

Abstract Hegel’s institutionalization of ethical life ( Sittlichkeit ) is widely regarded as one of his most important philosophical contributions, yet his theory of institutions has received little scholarly attention. This article examines Hegel’s institutional theory in its historical context, arguing that Gustav Hugo’s critical review of the Philosophy of Right elucidates its originality. Hugo’s review indicates that Hegel departs from the Roman-German institutional tradition, represented by Roman law and Hugo himself, by synthesizing it with the French institutional tradition, exemplified by Montesquieu. Yet, pace Hugo, I contend that Hegel preserves a central commitment of the Roman-German tradition, namely, the demand that institutions be adequately codified. Appreciating Hegel’s synthesis illuminates both the role of institutions in the Philosophy of Right and his contribution to the history of the concept.