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), 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.* 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 §.

* [Handwritten:] namely, to property, as in individual things — and to the body, parts thereof, life —

DE


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