131214840-Carl-Schmitt

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agency and thus always retained, too, the possibility of accepting the prince as a preeminent
person representing the unity of the state. While liberal discussion became an eternal
conversation in German romanticism, 43 in the philosophical system of Hegel it is the selfdevelopment
of consciousness out of positions and negations into always new syntheses.
Hegel limited the Estates to a purely advisory role, and understood the function of
corporative representation as that of bringing into existence "the public consciousness as an
empirical universal, of which the thoughts and opinions of the many are particulars." The
Estates are a mediating organ between the government and the people, which have only an
advisory role in legislation; through the openness of their deliberations "the moment of
formal freedom shall come into its right in respect of those members of civil society who are
without any share in the executive," and general knowledge shall be extended and increased.
"Through the opening of this opportunity to know . . . public opinion first reaches thoughts
that are true and attains an insight into the situation and concept of the state and its affairs,
and so first acquires ability to estimate these more rationally." Hence this kind of
parliamentarism is an educational means, "and indeed one of the greatest." 44 On the value of
openness and public opinion Hegel delivers a characteristic comment: ''Estates Assemblies,
open to the public, are a great spectacle and an excellent education for the citizens, and it is
from them that the people learns best how to recognize the true character of its interests." The
vitality of state interests first comes into existence in this way. "Public opinion is," for Hegel,
"the unorganized way in which a people's opinions and wishes are made known." The theory
of parties in German liberalism also contains a conception of organic life. There a distinction
is made between parties and factions, in which the latter are caricatures of parties, whereas
true parties are the expression of "living and multiple aspects of the public being . . .
concerned with the proper disposition of public or state questions through a vigorous
struggle." 45 Bluntschli, who took over F. Rohmer's theory of parties, says that a
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