|222| Chiefly, the direction of the whole course of the investigation, then of the legal acts of the parties, which are themselves rights (§ 222), and then also the second side of the legal judgment (see the preceding §), are a peculiar business of the professional judge, for whom, as organ of the law, the case must be prepared for the possibility of subsumption — that is, must have been raised, out of its appearing empirical character, to a recognized fact and to a universal qualification.
§ 226: The task of the lawyer
What is the real work of the professional judge?
He directs the whole procedure. He watches over the steps of the parties, for each step is a right. And he answers the second question: Which law fits the case?
What does he need for this?
Someone must first prepare the case. At first, there is only a jumble of events. Out of this, a recognized fact must emerge. And this fact must get a universal label. Only then can the judge place it under the law.
A picture:
A doctor can only treat once the findings are clear. In the same way, the judge can only judge once the case is clear. He then speaks as the voice of the law.
Summary: The professional judge directs the procedure and applies the law. For this, the case must first stand firm as a fact and have its proper label.
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