Category: Paragraph

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.

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,…

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…

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…

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,…

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…

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…

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,…

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…

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.

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.…

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…

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…

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…

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…

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…

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.