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95

The first coercion, as violence exercised by one who is free, which violates the existence of freedom in its concrete sense — right as right — is crime, — a negatively infinite judgment in its complete sense (see my Logic, vol. II, p. 99) 1, through which not only the particular, the subsumption of a thing under my will (§ 85), but at the same time the universal, the infinite in the predicate of what is mine, capacity for rights, and indeed without the mediation of my opinion (as in fraud; § 88), is likewise negated against this — the sphere of penal law.

The right whose violation is crime has, up to this point, only had the shapes we have seen, and crime accordingly, for now, only the more specific meaning that relates to these determinations.2 But what is substantial in these forms is the universal, which remains the same through its further development and formation, and therefore so too does its violation, crime, according to its concept. The particular, more specifically determined content — e.g., in perjury, crimes against the state, counterfeiting of coin or of bills of exchange, and so on — is therefore also affected by the determination to be considered in the following §.

  1. Science of Logic, vol. II: The Subjective Logic (1816), p. 99 = GW 12, p. 70: “Infinite judgement” – crime as the negatively infinite judgement ↩︎
  2. [Handwritten:] namely, to property, as in individual things — and to the body, parts thereof, life — ↩︎

DE ES

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One response to “95”

  1. Hegel (Notes) Avatar
    Hegel (Notes)

    [zu § 95] a positively infinite judgment, the singular is the singular – the empty semblance of a judgment, in which the universal is lacking in the predicate –
    I am treated as a non-rightful [being], not as a person –
    Coercion: in Rome the Jews must every year listen to a polemical sermon directed against them.
    – in Swabia, enthusiasts took the Emperor Napoleon for the Messiah, a thousand-year kingdom – no taxes and so on, obedience toward the authorities; – locked up in a fortress and compelled to attend the sermon – a prisoner is placed under a general compulsion of life – permitted and made to keep to what belongs to ordinary life; – one is also compelled to eat, if someone wishes to starve himself.
    The personal will is abstract; hence α) it is possible in general for it to be compelled (rightly and wrongly); β) it is rightfully possible, and necessary, when it is, as abstract, null, through the subjective will.

    [zu § 95 Anm.] A higher determination (of the existence) of freedom than mere personality – a higher right – also to posit itself externally.
    Application within a positive legislation –
    At these stages such relations of property – of rightful obligations – do not yet obtain, – but crime in general is a violation of the will that is in itself, [a will] that falls into a thing – the state is the ethical in actuality, an existence that is [actually] present – not in sensation, feeling, disposition – as, in part, the family is – having no completion, resting upon [feeling], wavering, indeterminate – but rather developed into an actual natural existence – a necessity, a physical organization – hence coercion.

    [handschriftlich] (inline) namely to property, as [existing] in individual things – and to the body, parts thereof, life –

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