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38

In relation to concrete action and to moral and ethical relations, abstract right, as against their further content, is only a possibility; the determination of right is therefore only a permission or warrant. The necessity of this right is, for the same reason of its abstraction, limited to the negative – not to violate personality and what follows from it. There are therefore only prohibitions of right, and the positive form of commands of right has, as its ultimate content, a prohibition as its basis.

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  1. Hegel (Notes) Avatar
    Hegel (Notes)

    Not unity of will; only for itself, negative.
    Permission, because determinacy is, for me, only an external matter, not identical with right itself; for the other, I am [already] there in the matter; thus [it is] no mere possibility for him –
    α) [In the] concrete, still something quite different – here at once its possibility – reflection upon higher relations – it can be this way or that – I can give up this right or that one, but not [my] capacity for rights, that is, this very possibility itself. In the particular right also the universal.
    Positive action is the bringing forth of an objectivity and of a content.
    β) Command of right – in relation to an other – passing over of what is mine to him
    Performing [a service] – seems positive – a doing – arising from contract – contract, to be sure, [is] an entanglement with others – an identity with them – not merely letting them be –
    This is generally how it goes – only the very first [stage] fully corresponds to the concept
    I am within mediation, act essentially in relation to an other, that is, I posit something – on the ground of commonality.
    I act for him – an ought that comes to his benefit from me, that becomes his through me.
    α) I can enter into the contract or not
    β) Performance is putting the other in possession, into his property [?].
    β) Concerns [the] relation, regard for others – which strictly does not yet belong here; – but this relation to others belongs in general (like contract and wrong later on) to the reality that is further determined – in § 37 in my interest – regard for others is being active in theirs, for their interest, safeguarding it and the like.

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