{"id":900289,"date":"2024-05-30T20:00:00","date_gmt":"2024-05-30T18:00:00","guid":{"rendered":"https:\/\/grundlinien.de\/?p=900225"},"modified":"2026-08-24T10:30:16","modified_gmt":"2026-08-24T08:30:16","slug":"228","status":"publish","type":"post","link":"https:\/\/grundlinien.de\/en\/228\/","title":{"rendered":"228"},"content":{"rendered":"\n

The right of the self-consciousness of the party is preserved, in the judicial verdict — according to the side on which it is the subsumption<\/em> of the qualified case under the law<\/em> — with respect to the law<\/em>, through the law being known, and thus the party’s own law; and, with respect to the subsumption<\/em>, through legal procedure being public. But with respect to the decision on the particular<\/em>, subjective, and external content<\/em> of the matter, the cognition of which falls under the first of the sides indicated in § 225<\/a>, that right finds its satisfaction in trust<\/em> in the subjectivity of those deciding. This trust is grounded chiefly on the equality of the party with them, according to their particularity, their estate, and the like.<\/p>\n\n\n\n

The right of self-consciousness, the moment of subjective freedom<\/em>, can be regarded as the substantial point of view in the question concerning the necessity of a public administration of justice and of so-called trial by jury<\/em>. What can be adduced, in the form of utility<\/em>, for these institutions reduces essentially to this. On other considerations and grounds, of this or that advantage or disadvantage, one may dispute back and forth; these are, like all grounds of reasoning, secondary and not decisive, or else taken from other, perhaps higher, spheres. That the administration of justice could<\/em>, in itself, be well — perhaps better — carried out by purely juridical courts than with other institutions is not, to this extent, the point at issue; for even if this possibility could be raised to a probability, or even to a necessity, it is, on the other side, always the right of self-consciousness<\/em> that retains its claims in this matter, and does not find them satisfied. — If knowledge of the law — through the character of what constitutes the laws in their compass, and, further, of the course of judicial proceedings, and the possibility of pursuing one’s right — is the property<\/em> of a profession that also makes itself exclusive through a terminology that is a foreign language to those whose right is at issue, then the members of civil society who, for their subsistence, are dependent on their own activity<\/em>, their own knowing and willing<\/em>, are held alien<\/em> to, and placed under tutelage<\/em> with respect to, not only what is most personal and most their own, but also what is substantial and rational within it — the law<\/em> — and are, in a sense, placed into a kind of serfdom toward such a profession. If they do indeed have the right to be bodily present in court, with their feet<\/em> (in iudicio stare<\/em>), this is little<\/em>, if they are not to be present spiritually<\/em>, with their own knowledge; and the right that they obtain remains an external fate<\/em> for them.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

The right of the self-consciousness of the party is preserved, in the judicial verdict — according to the side on which it is the subsumption of the qualified case under the law — with respect to the law, through the law being known, and thus the party’s own law; and, with respect to the subsumption, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,13],"tags":[36],"class_list":["post-900289","post","type-post","status-publish","format-standard","hentry","category-paragraph-en","category-uncategorized","tag-actualization"],"_links":{"self":[{"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/posts\/900289","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/comments?post=900289"}],"version-history":[{"count":1,"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/posts\/900289\/revisions"}],"predecessor-version":[{"id":900389,"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/posts\/900289\/revisions\/900389"}],"wp:attachment":[{"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/media?parent=900289"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/categories?post=900289"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/grundlinien.de\/en\/wp-json\/wp\/v2\/tags?post=900289"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}