[p. 246]
|246| – The state115) is the existence, the might of right; the keeping of the contract (and of remaining in his peaceful property;) the existing unity of the word, of ideal existence and of actuality, as well as the immediate unity of possession and of right, property as universal substance, – the remaining; being-recognised as valid. Being valid is the mediation of the immediate, which has likewise become immediate.
115) In the margin: the singular has his supposed right only in the universal
– Here the substance, just as it is the immediate subsisting, is likewise the universal law, and the holding fast of this abstraction against the singular, his known and willed necessity against him, and the attempted equalisation of this empty necessity and his existence.
αα) it is the subsisting, the protection of immediate property, the universal will and its force, the force of all singulars, ββ) it is the protection of the contract, of the declared common will; the bond of word and performance – and if performance does not take place, the movement and restoration of performing. Judicial power. – It insists that the contract be fulfilled, what is for it is the common will; this counts as the essence – The ambiguity of the ought,116) which lies in the contract according to its concept, has vanished; in it the will separated from the immediacy of performing is posited as valid; it is there, the other is satisfied with it – But this existence is only the existence of the particular – an immediate, not a mediated one – in the moment of agreement117) it is thus present,
116) In the margin: Command is law – pure I, pure abstraction in the law – through punishing power
117) In the margin: the singular has externalized his supposed right – command, is law, that has power.
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