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84

A. Non-Malicious Wrong

Taking possession (§ 54) and contract, taken by themselves and according to their particular kinds — at first merely different manifestations and consequences of my will in general — are, since the will is the universal within itself, in relation to the recognition of others, grounds of right. It lies in their externality toward one another, and in their manifold character, that they can, in relation to one and the same thing, belong to different persons, each of whom, from his own particular ground of right, regards the thing as his property — whereby collisions of right arise.1

  1. In the Handexemplar corrected to read: “In the manifold character and the externality of these grounds toward one another.” ↩︎

DE ES

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2 responses to “84”

  1. Hegel (Notes) Avatar
    Hegel (Notes)

    α) The ground of right is semblance; β) right in itself is semblance, such that semblance be posited as right; semblance is to seem as right –
    γ) Right exists as semblance – posited as null –
    Ground – the essential – diversity of such an essential – right in general – hitherto different ways of subsumption –
    Ground exists as semblance; – ground, the side of particularity, posited as distinguished from right in itself –
    In the manifoldness and the externality of the same toward one another
    Both will right, [and] acknowledge that right ought to be.

  2. Hegel (Simple) Avatar
    Hegel (Simple)

    § 84: Two claims to one thing

    How do I come to own property? I take possession of something. Or I make a contract. These are grounds I can appeal to. Others must recognize them.

    Now there are many such grounds. They stand side by side. So it can happen that two people claim the same thing. Each has a ground, and each takes the thing to be his.

    An example:

    Someone sells his car twice. First to Ms. A, then to Mr. B. Both have paid. Both have a contract. Who owns the car now?

    Or with an inheritance: The daughter appeals to a will. The nephew appeals to an older one. Both believe they are in the right.

    This is how collisions of right arise.

    Summary: There are different grounds for acquiring property. So two people can claim the same thing with good reason. This is how a dispute about right arises.

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