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	Comments on: 219	</title>
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		By: Hegel (Simple)		</title>
		<link>https://grundlinien.de/en/219/#comment-3659</link>

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					<description><![CDATA[§ 219: The court

Right now stands firm as law. It holds for itself. It does not depend on what the single person thinks or wants. But who enforces it in the single case?

Not the person affected. He takes sides, because his own interest is at stake. Right needs a public power that seeks no advantage for itself. That is the court.

How did the court come about?

Perhaps from the power of a father over his tribe. Perhaps through force. Perhaps through free choice. For the matter itself, this makes no difference. What counts is that courts are rational and necessary.

Two false views:

The political writer Karl Ludwig von Haller thought: Princes grant justice out of mere grace. They could just as well refuse it. That is thoughtless. He confuses the question of how something arose with the question of why it is rational.

The other extreme is crude. In the days of fist law, people saw every court as force and as a suppression of freedom. Whoever was strong took his right for himself.

Summary: To enforce right in the single case is the task of a public power, the court. That is its right and its duty. It depends neither on grace nor on the whim of single persons.]]></description>
			<content:encoded><![CDATA[<p>§ 219: The court</p>
<p>Right now stands firm as law. It holds for itself. It does not depend on what the single person thinks or wants. But who enforces it in the single case?</p>
<p>Not the person affected. He takes sides, because his own interest is at stake. Right needs a public power that seeks no advantage for itself. That is the court.</p>
<p>How did the court come about?</p>
<p>Perhaps from the power of a father over his tribe. Perhaps through force. Perhaps through free choice. For the matter itself, this makes no difference. What counts is that courts are rational and necessary.</p>
<p>Two false views:</p>
<p>The political writer Karl Ludwig von Haller thought: Princes grant justice out of mere grace. They could just as well refuse it. That is thoughtless. He confuses the question of how something arose with the question of why it is rational.</p>
<p>The other extreme is crude. In the days of fist law, people saw every court as force and as a suppression of freedom. Whoever was strong took his right for himself.</p>
<p>Summary: To enforce right in the single case is the task of a public power, the court. That is its right and its duty. It depends neither on grace nor on the whim of single persons.</p>
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