Author: wbauer

207

The individual gives itself actuality only in that it enters into existence in general, and thus into determinate particularity, thereby exclusively restricting itself to one of the particular spheres of need. The ethical disposition, within this system, is therefore rectitude and the honour of one’s estate: to make oneself, and indeed by one’s own determination,…
208

The principle of this system of needs has, as the particularity peculiar to knowing and willing, the universality that is in and for itself — the universality of freedom — only abstractly within it, and thus as the right of property, which, however, is here no longer merely in itself, but is, in its valid…
209

B. The Administration of Justice The relative [character] of the reciprocal relation of needs and of labour for them has, at first, its reflection into itself in infinite personality in general — in abstract right. But it is this sphere of the relative, as culture, itself, which gives to right its existence: to be universally…
210

The objective actuality of right consists, in part, in being present for consciousness, in being known in general, and, in part, in having the power of actuality and being valid, and thus also in being known as universally valid.
211

a. Right as Law What is right in itself is, in its objective existence, posited — that is, determined for consciousness through thought, and made known as that which is right and valid: the law; and right, through this determination, is positive right in general. To posit something as universal — that is, to bring…
212

In this identity of being-in-itself and being-posited, only what is law has binding force as right. Since being-posited constitutes the side of existence in which the contingency of self-will and of other particularity can also enter, what is law can, in its content, still be different from what is right in itself. In positive right,…
213

Right, in that it enters into existence, at first, in the form of being-posited, also enters, according to its content, as application, into relation with the matter of the relationships and kinds of property and of contracts, which multiply and become entangled into the infinite within civil society; further, with the ethical relationships resting on…
214

Besides application to the particular, the being-posited of right also includes within it applicability to the individual case. Thereby it enters into the sphere of the quantitative that is undetermined by the concept (the quantitative for itself, or as the determination of value in the exchange of one qualitative thing for another qualitative thing). The…
215

b. The Existence of Law Being bound by the law includes within it, on the side of the right of self-consciousness (§ 132, with the Remark), the necessity that the laws be made generally known. To hang the laws up so high, as Dionysius the Tyrant did, that no citizen could read them — or…
216

For a public code of laws, simple, universal determinations are to be demanded, on the one hand; on the other, the nature of finite material leads to an endless further determination. The compass of the laws should, on the one hand, be a finished, closed whole; on the other, it is the ongoing need for…
217

Just as, in civil society, right in itself becomes law, so too the previously immediate and abstract existence of my individual right passes over into the significance of being recognized, as an existence within the existing universal will and knowing. Acquisitions and transactions concerning property must therefore be undertaken and furnished with the form that…
218

Since property and personality have legal recognition and validity in civil society, crime is no longer merely the violation of a subjectively infinite [right], but of the universal thing, which has an existence firm and strong in itself. There thus enters in the point of view of the danger that the act poses to society,…
219

c. The Court Right, having entered into existence in the form of law, is for itself; it stands, self-subsistent, over against the particular willing and opining about right, and has to assert itself as universal. This cognition and actualization of right in the particular case, without the subjective feeling of particular interest, falls to a…
220

The right against crime in the form of revenge (§ 102) is right only in itself, not in the form of rightfulness — that is, not just in its existence. In place of the violated party there steps forward the violated universal, which has its own peculiar actuality in the court, and takes over the…
221

The member of civil society has the right to stand before the court, as well as the duty to present himself before the court, and to obtain his disputed right only from the court.
222

Before the courts, right receives the determination of having to be demonstrable. Legal procedure puts the parties in a position to assert their means of proof and their legal grounds, and puts the judge in a position to acquaint himself with the matter. These steps are themselves rights; their course must therefore be legally determined,…
223

Through the splintering of these actions into ever more isolated actions, and their rights, which contain within themselves no limit, legal procedure — already, in itself, a means — comes to stand as something external over against its own purpose. — Since the parties have the right to go through such a lengthy formalism, which…
224

Just as the public promulgation of the laws falls under the rights of subjective consciousness (§ 215), so too does the possibility of knowing the actualization of the law in the particular case — namely, the course of external actions, of legal grounds, and so on — since this course is, in itself, a universally…
225

In the business of adjudication, as the application of the law to the individual case, two sides are distinguished: first, the cognition of the character of the case according to its immediate singularity — whether a contract, and so on, exists, whether an injurious act has been committed, and who is its perpetrator — and,…
226

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…