Jena Philosophy of Spirit

[p. 272]

|272| respect of punishment – formal stiff equality is just that [which] does not spare character, – the same thing wounds more deeply in the one estate, or restoration irretrievable, which in the other is not dishonouring. – Punishment is the reconciliation of the law with itself – if it is not the death penalty,164) it must not kill the man civilly; one who has served his punishment can no longer be reproached with his crime – he is reintegrated into his estate – there is nothing absolutely dishonouring – wounding of feeling, so that he can no longer return – is expelled from his estate, character; his estate must still be preserved for him in his punishment (higher estates to the fortress instead of into the house of correction among the other criminals of other estates)

164) In the margin: duel* permitted in the military estate; because it is not a civil one – does not have the purpose of acquisition – estate of honour; of living in the pure. being-recognised of opinion – not of property and right * Above: self-revenge, state of nature; honour of its arms just as for the state, for itself – not even the army chaplain may utter a peep against it

As particular administration of justice, so particular science, – religion – our states have not yet got that far –

(The165) police is added here, – from politia, public life and governing, the acting of the whole itself – now reduced to the acting of the whole on public security of every kind – supervision of trades – against fraud – universal trust realised – trust in the exchange of wares – Each provides only for himself, not for the universal; the quiet exercise of his right of property and free disposal of his property is the possible harm for others – restriction of this, prevention of harm – also of proceeding merely on trust – police [watches] over servants, that a contract

165) In the margin: free disposal of his property,

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