Author: wbauer

  • 227

    The first side, the cognition of the case in its immediate singularity, and its qualification, contains, in itself, no adjudication. It is a cognition such as belongs to every cultivated human being. Insofar as, for the qualification of the act, the subjective moment of the insight and intention of the agent (see Part II) is…

  • 228

    The right of the self-consciousness of the party is preserved, in the judicial verdict — according to the side on which it is the subsumption of the qualified case under the law — with respect to the law, through the law being known, and thus the party’s own law; and, with respect to the subsumption,…

  • 229

    In the administration of justice, civil society — in which the Idea has become lost in particularity, and has fallen apart into the separation of the inner and the outer — leads itself back to its concept, the unity of the universal that is in itself with subjective particularity, though the latter is present [only]…

  • 230

    C. The Police and the Corporation Within the system of needs, the subsistence and welfare of each individual are present as a possibility, whose actuality is conditioned both by his own arbitrary will and natural particularity, and by the objective system of needs; through the administration of justice, the violation of property and personality is…

  • 231

    a. The Police The securing power of the universal remains, at first, insofar as the particular will is still the principle for this or that purpose, in part restricted to the sphere of contingencies, and in part an external order.

  • 232

    Apart from crimes, which the universal power has to prevent or bring to judicial treatment — contingency as the arbitrary will of evil — the permitted arbitrary will belonging to lawful actions and the private use of property also has external relations to other individuals, as well as to other public arrangements serving a common…

  • 233

    This is, indeed, only a possibility of harm; but that the matter does no harm is, likewise, itself no more than a contingency; this is the side of wrong that lies in such actions, and thus the ultimate ground of the punitive justice of the police.

  • 234

    The relations of external existence fall within the infinity of the understanding; there is therefore no boundary in itself for what is harmful or not harmful, nor, with regard to crime, for what is suspicious or unsuspicious, what is to be forbidden or supervised, or spared prohibition, supervision, suspicion, inquiry, and the rendering of account.…

  • 235

    In the indeterminate multiplication and interweaving of daily needs, there arise, with regard to the procurement and the exchange of the means of their satisfaction — on the unhindered possibility of which everyone relies — as well as with regard to the investigations and negotiations concerning these, which are to be shortened as much as…

  • 236

    The different interests of producers and consumers can come into collision with one another, and although the correct relation, on the whole, establishes itself of its own accord, the equalization still needs a regulation, consciously undertaken, that stands above both. The right to such a regulation, for particular cases (for example, the setting of prices…

  • 237

    If, now, the possibility of participating in the universal resource is present for individuals, and is secured by the public power, this possibility nonetheless remains, on the subjective side — quite apart from the fact that this securing must remain incomplete — subject to contingencies, and all the more so, the more it presupposes conditions…

  • 238

    At first, the family is the substantial whole to which the provision for this particular side of the individual belongs — both with regard to the means and skills needed to be able to acquire something out of the universal resource, and with regard to his subsistence and support in the event of incapacity. But…

  • 239

    In this character of the universal family, it has the duty and the right, against the arbitrary will and contingency of the parents, to have oversight and influence over upbringing, insofar as it relates to the capacity to become a member of society — chiefly, when it is to be completed not by the parents…

  • 240

    Likewise, it has the duty and the right, over those who, through extravagance, destroy the security of the subsistence of themselves and their families, to take them into tutelage, and to carry out, in their place, the purpose of society, and their own.

  • 241

    But, just as much as arbitrary will, contingent, physical circumstances, and circumstances lying in external relations (§ 200), can bring individuals down into poverty — a condition that leaves them the needs of civil society, and which, since it has, at the same time, deprived them of the natural means of acquisition (§ 217), and…

  • 242

    The subjective [aspect] of poverty, and of want of every kind in general — to which every individual is already exposed, even within his natural sphere — also requires a subjective help, in respect both of the particular circumstances and of disposition and love. This is the place where, amid all universal arrangements, morality finds…

  • 243

    When civil society finds itself in unhindered activity, it is, within itself, engaged in progressive population growth and industry. — Through the generalization of the interconnection of human beings through their needs, and of the ways of preparing and procuring the means for these, the accumulation of wealth increases — for it is from this…

  • 244

    The sinking of a great mass [of people] below the level of a certain mode of subsistence, one that regulates itself automatically as necessary for a member of society — and with it, the loss of the feeling of right, of rectitude, and of the honour of subsisting by one’s own activity and labour —…

  • 245

    If the direct burden were placed on the wealthier class, or if the direct means were present in other public property (rich hospitals, endowments, monasteries) to maintain the mass moving toward poverty at its accustomed standard of living, then the subsistence of the needy would be secured without being mediated by labour — which would…

  • 246

    Through this dialectic of its own, civil society is driven beyond itself — at first, this determinate society — to seek, outside itself, among other peoples who are behind it in the means of which it has a surplus, or, in general, in industrial skill, consumers, and thereby the necessary means of subsistence.