Category: Paragraph
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281
Both moments in their undivided unity — the ultimate, groundless self of the will, and the likewise groundless existence bound up with it, a determination consigned to nature — this Idea of that which is unmoved by arbitrary will constitutes the majesty of the monarch. In this unity lies the actual unity of the state,…
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282
From the sovereignty of the monarch flows the right of pardon for criminals, for to it alone belongs the actualization of the power of spirit to make undone what has been done, and to annihilate the crime through forgiving and forgetting. The right of pardon is one of the highest acknowledgments of the majesty of…
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283
The second element contained in the power of the crown is the moment of particularity, or of determinate content, and of its subsumption under the universal. Insofar as this attains a particular existence, it consists of supreme advisory bodies and individuals who bring the content of current affairs of state, or of legal determinations rendered…
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284
In so far as the objective element of a decision — the knowledge of its content and circumstances, and the legal and other grounds that determine it — alone is capable of responsibility, i.e. of a proof of objectivity, and can therefore pertain to a deliberative body distinct from the personal will of the monarch…
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285
The third moment of the power of the crown concerns the universal in and for itself, which, from a subjective point of view, consists in the conscience of the monarch, and, from an objective point of view, in the whole of the constitution and the laws; the power of the crown accordingly presupposes the other…
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286
The objective guarantee of the power of the crown — of the legal succession through the hereditary nature of the throne, etc. — lies in the fact that, just as this sphere has its own actuality distinct from the other moments determined by reason, so too the other moments have, for themselves, the specific rights…
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287
b. Governmental Power Distinct from decision is the execution and application of the decisions of the crown, and in general the carrying-on and maintenance of what has already been decided — the existing laws, institutions, arrangements for common ends, and the like. This business of subsumption in general is comprised within governmental power, under which…
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288
The communal particular interests which fall within civil society and lie outside the universal of the state that is in and for itself (§ 256) have their administration in the corporations (§ 251) of the local communities and of other trades and estates, and in the latter’s authorities, presiding officers, administrators, and the like. In…
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289
The maintenance of the universal interest of the state, and of legality, within these particular rights, and the reduction of the latter to conformity with the former, require oversight and care on the part of delegates of governmental power — the executive state officials — and of the higher deliberative bodies, which are constituted on…
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290
In the business of government, the division of labour (§ 198) likewise makes its appearance. The organization of the administrative bodies accordingly has the formal, but difficult, task that, from below, where civil life is concrete, this life should be governed in a concrete manner, while this business should nevertheless be divided into its abstract…
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291
The business of government is objective in nature, already decided in its substance for itself (§ 287), and is to be carried out and made actual by individuals. Between the two there is no immediate natural connection; individuals are therefore not determined for this by natural personality and birth. The objective moment for their determination…
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292
The subjective side — namely, that this particular individual, out of the several individuals there necessarily and indeterminately are (since the objective element here does not lie in genius, as it does, for example, in art), among whom preference is not something absolutely determinable, is chosen and appointed to a given office and authorized to…
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293
The particular business of the state which the monarchy hands over to the administrative bodies constitutes a part of the objective side of the sovereignty inherent in the monarch; the specific difference between these bodies is likewise given by the nature of the case, and just as the activity of these bodies is a fulfilment…
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294
The individual who is attached to an official vocation by the sovereign act (§ 292) is bound to the fulfilment of his duty — the substantial element of his relationship — as the condition of this attachment, in which, as a consequence of this substantial relationship, he finds the means and the secured satisfaction of…
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295
The security of the state and of the governed against the abuse of power on the part of the authorities and their civil servants lies, on the one hand, immediately in their hierarchy and responsibility, and, on the other hand, in the rights of communities and corporations, whereby the intrusion of subjective arbitrary will into…
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296
That dispassionateness, rectitude, and courtesy of conduct should become custom, however, depends partly on the direct ethical and intellectual formation which holds the spiritual balance against whatever mechanism and the like is contained in the acquisition of the so-called sciences of the objects of these spheres, the requisite practice in business, real work, and so…
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297
The members of the government and the civil servants make up the main part of the middle class, in which the educated intelligence and the legal consciousness of the mass of a people are found. That it should not assume the isolated position of an aristocracy, and that education and skill should not become a…
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298
c. Legislative Power Legislative power concerns the laws as such, in so far as they require further determination, and those internal affairs which, in their content, are wholly universal. This power is itself a part of the constitution, which is presupposed by it and, to that extent, lies in and for itself outside its direct…
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299
These matters are more closely determined, in relation to individuals, according to two sides: α) what accrues to them through the state and which they are to enjoy, and β) what they have to render to it. Under the former are comprised the laws of private right in general, the rights of communities and corporations,…
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300
In the legislative power as totality, the two other moments are, in the first place, operative: the monarchical moment, to which the supreme decision belongs; the governmental power, as the moment that deliberates in particular with the concrete knowledge and survey of the whole in its manifold sides and of the actual principles that have…