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213

Right, in that it enters into existence, at first, in the form of being-posited, also enters, according to its content, as application, into relation with the matter of the relationships and kinds of property and of contracts, which multiply and become entangled into the infinite within civil society; further, with the ethical relationships resting on disposition, love, and trust, though only insofar as these contain the side of abstract right (§ 159); the moral side and moral precepts, as concerning the will according to its most proper subjectivity and particularity, cannot be an object of positive legislation. Further matter is supplied by the rights and duties flowing from the administration of justice itself, from the state, and so on.

DE

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One response to “213”

  1. Eduard Gans (Additions) Avatar
    Eduard Gans (Additions)

    In the higher relations of marriage, love, religion, and the state, only those sides can become an object of legislation which, by their nature, are capable of possessing externality. Meanwhile, the legislation of different peoples makes a great difference here. Among the Chinese, for example, it is a law of the state that the husband should love his first wife more than the other wives he has. If he is convicted of having done the opposite, he is punished with a beating. Likewise, in older legislations there are found many prescriptions concerning fidelity and honesty which are inappropriate to the nature of law, because they fall entirely within the inner realm. Only in the case of the oath, where matters are committed to conscience, must honesty and fidelity be taken into account as something substantial.

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