[p. 242]
|242| of the law is to be upheld as far as possible, if it does not become too bad; – the will is to be respected most of all.
γ) the law of the children as such is equally indeterminate, mixing of their own and still alien will; hence contracts of those not of age are not valid before the law; the determinate is α) their majority, which with regard to time is equally rather indeterminate β) guardianship, the family steps in first;112) but the supervision of the law supplements its incompleteness, as pure will of the immediate parents.113)
112) In the margin: Law steps in positively here; – likewise with regard to education –
113) In the margin: Education, institutions of the state, contingency; the will of the family is to be respected; law.
b. This law of the immediate existence of the singular is, as law, their will, or it preserves this as such – in the vanishing of contingent being – death of the parents, it becomes positive, it emerges as the existence, since they were it before; – state. It is the actual being valid of property, element of actual existence, through the willing of all. The law protects the family, leaves it in its being, but it is, like the family, the substance and necessity of the singular; it is the unconscious guardianship over the singular whose family has died, that is, in so far as he emerges as a singular. – It is the substance and necessity – harsh side, in which it emerges.
α) it is universal right, property in general, protects each in his immediate possession, inheritance and exchange. But this is only formal right, which with regard to [the content] remains entirely free. – (Contingency of inheriting) – The individual emerges as acquiring through labour; here his law is merely that what he works on, and what he exchanges, belongs to him. But the universal is at the same time his necessity, which sacrifices him while leaving him his freedom of right.
Leave a Reply
You must be logged in to post a comment.