Jena Philosophy of Spirit

[p. 248]

|248| content, – in general manifold – in the manifold determinations of the singular – the simpler the laws, the more indeterminate, the more determinate, the more manifold, the further the distinctions are pushed; and the concrete singular case is thereby all the more dissected, and relates itself to [all] the more laws; – since the universal is here immediately applied to the particular, such that the latter is to subsist; thus arises the bad infinity; – and a perfect legislation as regards its completeness is the same undertaking as, e.g., wanting to specify all colours. – Continual legislating. bb. The greater this manifoldness becomes, the more contingent becomes the knowledge of them; the citizens are to know the laws, even if they do not comprehend them, i.e. do not know their self in them – but let alone the citizens knowing them, it becomes all the harder for the judges to know them, and, even if this, to have them present in every case; – no collections of laws, a multitude of contradictory ones, since one does not know what is already commanded or forbidden. cc) still greater becomes the contingency with regard to the acumen of the judge – to apply the laws skilfully to the case at hand, presence of mind.

The administration of justice and the course of proceedings is then the carrying out of right – it is the proper protection of the carrying out of the right of both parties,¹²¹⁾ to preserve for them their means of defence – The course of proceedings is almost still more essential than the laws themselves. Here the same opposition comes in – costs of proceedings greater, more impossible for him who most needs the safeguarding of right to raise the costs – The more excellent, the longer, in short on all sides a great evil – compensation for damages not completely contingent – time. The law must relent from its strictness; α) promote settlements instead of strict¹²²⁾ right, settlement commissions, with which the jurists are very

121) In the margin: Carrying out of the right of both parties before the court.

122) In the margin: Time – bills of exchange, ruin of whole singulars – telescope for a certain time; surgical instrument medicine

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