Note — States aie rightly said to come into existence with the mtioduction of agiicultuie along with the iiitioduction of inaiiiage The jninciple of agiicultuie involves the cultivation of the soil, and theicfoic, also, jnivate ownershqj of pioperlj' (compaie § 170, note) It takes the life of nomadic tiilies back to the leposc of piivate right and to the secuie satisfaction of wants Joined also to the agricultural life are the limitation of sexual love to mariiage, the extension of this bond to an endnnng universal relation, the extension of want to family maintenance and of possession to family wealth Safety, protection by fortification, and unmteriupted satisfaction of wants are all commendable prinia facie characteiistics of these two fundamental ethical institutions They aie foims of universality, or ways by which reason or the absolute end seeks THE CIVIC COMMUXIiT to loalize itself In this connection nothing can be more iiiteio&ting than the ingemons and learned explanations winch iiiy much honouied fiiend, Mi Cieiizer, has given in the fouith volume ol hia “ Mjthologio und Symbolik ” with legaid to the agiarian festivals, images, and sanctuaiies of the ancients In these customs and iites the intioduction of agiicultuie and kindled institutions was known and levered as a divme act Fiom the side of piivatc-iight, especially the admimstiation of lustice, andfiom the side of mstiuctiou, culture, and also of leligion, the substantive chaiactei of this class uudeigoes modifications These mollifications, however, aie due to the development of ictlection, and aftect not the substantive content but the form — They occur also in the other classes Addifinn — In our time agiicultuie, losing some of its natinalucss, is managed in a leflective way like a factory, and acquiios the cliaiacter of the second class Yet it will alvais letain much of the substantive feeling, which pciiades the patiiaichal life In it man accepts what is given with a simple mind, thanks God foi it, and lives in the assuiance that the goodness of God will continue What he gets sufiices him, and he uses it because it comes again This is the simple disposition unattected by the deoiie foi wealth It may be desciibed as the type of the old nobility, who consumed simply what was there In this class na.tuie does the chief shaie of the woik, and man’s diligence is in compaiison secondary In the second class the understanding is the essential factor, and the natural products are legaided simply as furnishing material.
204. (h) The business of the mdustrial class is to alter the foim of the jiroducts of natuie Tins class is indebted for its subsistence to its labour, to leflection, and also to the inteiposition of the wants and labours of others. For that which it produces and enjoys it has to thank mainly THE PHILOSOPHY OF KIGIIf its oivu activity — Its field of action is again divided into three paits — (i ) Laboui foi individual wants of the moie (onciete kind, and at the lequest of paiticular persons Tins is manual laboui, oi the work of single artisans (ii ) The moie abstiact collective mass of laboui, which IS also foi paiticulai needs but due to a general demand This is maiiufactiiio (in ) Business of exeliaugo, by -whicli one special means of subsistcuie is given foi otheis, chiefly thioiigh inoiiev, the gouoial medium of exchange, in winch is realized the abstiact value of all meichaudise Tins is coniineiee Addition — The individual in the ludiistiial class is loferred to Jiiinself. and this belf-iefeiencc is mtnnatcly connected with the demand ioi a legal slatiis Consequently the sense foi fieodoui and oidei lias mainly aiisen ni cities The fiist class needs to think little about itself What it acquiies is the gift of a stiaugei, natiiie With it the feeling of dependence is pinnaiy "With tins feeling is easily associated a willingness to submit to whatever occuis The fiist class is theiefoie iiioio inclined to subjection, the second to iieeJoni 205 (c) The business of the nmvcisal class is with the univeisal inteiests of societv Hence it must be lelieved of the diiect task of piovidmg foi itself It must possess private means, oi receive an allowance fioin the state, which claims Ins activity His private inteiest may thus find satisfaction in his laboui foi the iiniv ei sal 206 A class is a paiticukuity which has become objective, and the foregoing are the general divisions in accordance with the conception Tet capacity, biith, and other circumstances have then influence m deteimining to what class an individual shall belong But the final and essential factor m the case is subjective opinion and private freedom of choice In this sphcic free choice has its light, honoiii, and dignity, If a thing happens in tins sjihcie according to internal necessity, it is ipso facto occasioned 'llll!: CIVIC COMMUNITY bj' fice aibitraiy choice, and foi the subjective consciousness bcais the stamp o£ its will Note — In lefei elite to the piinciple of particularity or subjective capiice may be clcailv disceincd the difference between the political life of the East and that of the West, between the ancient and the model n woild In the ancient woild the division of the whole into classes was pioduced objectively of itself, because it is implicitly lational But the piiiuiple of subjcctiviti' does not icceiie its due, since the sepaiatiou of indiiiduals mto classes is eithei a tunctiou ot the luleis, as in Plato’s “ Eepubhc ” (Eeji in 120), or else it lests ujiou meie biith, as m the caste svstem of India Now subjci tivo paiticnlaiitj' is an essential element of coinmuiial life, and, nhen it is not taken uji into the 01 j'ani/ation of then hole and leconcilod in the "whole, it must piovc a hostile foue and jiave the wai foi the luin of the social oidei (see § 185, «ote) It eithci oieituins societv, as was the case in the Gricek states and the Boniaii lupublu, oi, ■when the evistiug oidei is able to presoivo itself bv ioito oi by lelifjious authoiity, it then manifests itself as internal eoiinjition and complete degradation This hajijieued in a measuie amongst the Lacedemonians, and now is completely the case with the inhahilants of India But when subjective paiticiilaiity is welcomed hy objective oidci, and given its lights and place, it becomes the animating pimciplc of the cine community, stimulates thought and promotes merit and honoui The recognition of the claim that whatever m the cmc community and the state IS rationally iiecessaiy should occur through subjective fiee choice is a fullei definition of the populai idea of freedom (§ 121) 207 The particularity of the individual becomes definitely and actuallv lealized, only by his hmiting himself exclusively to one of the paiticular spheies of want In this system the ethical sense is that of rectitude or class- THE PHILOSOPHY OF BIGHT.
honoui It involves the decision of the individual by means of his own native activity, diligence, and skill to make himself a niombei of one of those classes, jneserve hiniself in it, and 2 iiovide for himself onlv thioiigh the instiumenfahtv of the iiniveisal He should acknowledge this position, and also claim to have it lecognized by otheis — Morality has its peculiai pLiee in this siihcie, wheie the luling factoi is leflection uiion one’s action, oi considciation ot the end involved in jiaiticulai wants and in well-being Here also the element ot chance in satisfying these ends makes landom and individual assistance a duty.
Note — Youth IS sjieeially ajit to stinggle against the piojiosal that it should decide njion a jiaitunlai vocation, on the giouud that any decision is a limitation of its universal scopio and a nieie external necessitv This aloofness IS a piioductof the abstiact thinking, -wbich clings to theuuiveisal and nnioal It fails to leiognize that the ooncepition must expioiience a division into c once] >1 ion and its leality, li it is to have a definite and jiaiticulai lealization (§ 7), and to win loi itself leality and ethical objectivity Addition — By the sentencethataman must be something we undeistand that ho iiiust belong to a definite class, foi this something signifies a substantive leality A human being without a vocation is a meie pnivate poison, who has no place in any leal univcisal Still, the indiv idual in Ins exclusiveness may legaad himselt as the univeisal, and may fancy that when he takes a tiade or profession, he is sinking to a lower plane That is the false notion that a thing, when it attams the leahzation which properly belongs to it, limits itself and gives up its indepiendence 208 The piinciple of the system of wants, namely the paiticulanty of knowing and willing, contains absolute iiiiiveisahty, or the universality of fieedoni, only in the abstract form of right of property. But here right is no THE CIVIC COMMUNITY longei mcroly implicit, but is found in valid reahty as piotection of piopeity tbrougb the admimstiation of justice B Adminisbation of Justice 209 The lelative jumciple of the mutual exchange of wants and laboui foi then satisfaction has in the first instance its letuin into itself in the infinite jiersouality geueiallv, i e, in abstiact light Yet it is the veiy sjiheie of the 1 dative which in the foim of edncation gives embodiment to light, by fixing it as somethmg univei sally aclcnov lodged, Imown, and willed The lelative also, through the intoi])osition of knowledge and will, snpplies light with valulit} and objective actuality Note — It IS the essence ot education and of tliought, which IS the consciousness of the individual iniiniieisal foim.thatthe I should be aj) 2 nehouclcd asa uniieisal pei’soii, in v horn all aie identical Man must be accounted a univei sal being, not because be is a Jew, Catholic, Piotestant, Gciuian, oi Italian, but because he is a man This thinking 01 lellcctive consciousness, is of infinite imjioiTance It IS defective only when it plumes itself upon being cosmopolitan, in ojijiosition to the conciete life of the citizen Addition — Fioin one jioint of new it is by means of the system of particulaiity that light becomes cxteinally necessaiy as protection of individuals Although light proceeds out of the conception, it enters into being only because it is serviceable for wants To have the thought of right, one must be educated to the stage of thinking, and not huger m the region of the merely sensible We must adapt the form of univeisahty to the objects, and dll ect the will accordmg to a universal principle Only after man has found out foi himself many wants, the acquisition of which IS an inse^iarable element of his satisfaction, is he able to frame laws.
206 'Jiii: PiiiLOSOPiiT OF might.
210 The objective attnalitv of right consists paitly in existing for consciousness, or more geiiei ally in its being kiKnvn, and paitly in having, and being geneially recognized as having, the lalidity and foice of a leality (a) Rujht as Laic 211 What IS in essence light becomes in its objective conciete existence constituted,' that is, niiide definite for consciousness tliiough thought It, having light and validity, IS so lecogiii/ed, and beiomes law " Eight in tins characteiization ot it is positive light m geneial, Rote — To constitute something as iinivei sal, i c, to bung it as iinneisal 1o consciousness, is to think (§ 13, vote, and § 21, note) The (oiitent in thus being biought back to its Simplest foiiu IS given its final mould Only -when what IS light becomes law does it leccsve not meieh the foim of uiiiveisalitv, but its own finest chaiactei It is to select onl) one phase of law, il we consider it mcielv as a valid rule of conduct iinjiosed iijioii all Pieeodiiig this featme is the iiiteiiial ancl essential element of law, iiaiiicl}, the recognition ol the coiifeiit in its definite imneis.ahty Even the lights of custom exist us thought and aie known Ammals lune law iii the foim of mstiiut, man alone has law in the foiiii of custom Thedilfeieuce between custom and law consists meieh in this, that customs are known iii a subjective and accidental Wtuy, and hence aio in their actual foim inoie iiidefinite than law's In custom, the universality ot thought is moie obscured, and the knowledge of right is a partial and accidental possession of a few The idea that customs rather than laws should pass over into life is a deception, because the valid laws of a nation, when written and collected, do not cease to be customs. People speak nowadays, indeed, most of all of life and of things passing over into life, when they are 1 Gesetzt.
* Gesetz.
Tin: CIVIC COMMUNITY con^clS£lut iMtli nothing but the deadest mateiial and the deadest thoughts When customs come to be tollected and gioujied, as takes place 'with eveiy people ivhicli reaches a ceitaiu giade of civibxation, time is toimed a statutebook It IS somewhat difterent fiom a statute-book properly so-called A. collection is foimlcss, indehnite, and fraginentaiy, whoicas a leal statute-book appiehends and expi esses in terms of thought the piinciples of law in their uiiii ei salitj England’s land-law or common law is, as is well known, made up both of statutes, having thefoims of laws, and of so-called iinwiitten laws Howevei, this unniitteii law IS wiitten with a vengeance, and a knowledge of it IS possible only by leading the many quaitos winch it tills The monstious confusion which pievails in that countiy, both in the admimstiation of justice and in the siibject-niattci of the law, is giaphically poitiayed by those who aie accpiamted with the facts They specially notice that, since the unwiitt<*n law is contained in the decisions of law-couits and judges, the judges aie continually the lawyiveis Eiiithei, the judges are both diiected and uot diiectcd to the authoiity of their predc'cessois They aie so diiected, because tlieir piedecessors aie said to have done nothing but lutei-piot tbe unwntten law They aic uot so diiected, because they are supposed to have in themselves the unwntten law, and hence have a light to dcceimiuc whethei pievious decisions aie in keeping w ith it or not To avoid a similar confusion, which would have arisen in the admimstiation of justice at Eomc, when in later times the views of all the celebiated lawyers were made authoiitative, one of the emperors hit upon an ingenious exjiedient He jiassed a law, by which was founded a kmd of college consisting of the juiisconsults who were longest deceased This body had a jiresident, and came to decisions through a inajoiity of votes (Mr Hugo’s “History of Koman Law,” § 354), — It is the task of a nation, or at Till: PHILOSOPHY OF RIGHT least of its ]uiisconsnlts, not ludoecl to mate a system of laws eutiiely new lu content, Lut to lecoguize the existinfr content oi laws in its definite nnneisalitv They should appieheml it in tlioui'lit, while also matini' additions with legaid to its apj)lieation to sjiceial cases To leCuse to a people oi its lawyeis this light would he a flagiant insult Addition — The sun and the planets have laws, hut thev do not know them Baibanans aie ruled by impulses, customs, feelings, but have no eonseiousness oi them When light is established as law and known, all laiidom intuitions and opinions, icveiige, compassion, and selfinteiest fall awaj Only then does light attain its tine eharactei and leceive its due hououi In being appiebended light is puiified fiom allimxtuie of chance elements, and thus becomes for the fiist time capable ot luiueisal application Of couiso, in the adiniuisliation of the laws collisions will nocessaiily occui, which must bo settled bv the undoi standing of the indge, othei wise, tlic cxccul ion ot the law ivould be meiely niccliamcal But to do awav with tollisious by giving full scope to the pulge’s wellmeant opinions would be the pooicst solution of the dithculty Collisions, iii fact, belong to the iiatuie oi thought, the thinkmg eousciousuess and its dialectic, while the mcie decision of a judge is aibitiaiy.
In favoui of lights ot custom it is usuallj' adduced that they aic living, but life, consisting in simple identity w'lth the subject, does not constitute the essciicc of the matter. Right must be known in thought It must be a system in itself, and only as a system can it be valid for civilized peoples Very recently the vocation ot making laws has been abobshed. This is not only an affront, but also implies the absurdity that to no individual has been given the capacity to systematize the infinite multitude of existing laws, and expose the universal contained m them, when this ta sk IS piecisely the most pie^smg need of the day 'llli: CIVIC C0MMU2fIlT. 209 Similaily, it lias been held that a digest of decisions, such as the C'oijxis j iii is, is picfei able to a statute-book giving a detailed evhibition of the univeisal A certain particularity and leniinisi dice of the histoiical is supposed to be contained in the decisions, and in a statute-book it is thought that these advantages nonld be "wanting But the miscliievoiis natuie ot a ineie collection is cleaily manifest in the piactiee ot the English law ‘21 ‘2 Thiough this identity of the abstiact oi implicit iMtli what IS actually constituted,' only that light is binding winch has become law ■* But since to constitute a thing IS to give it outer leality, theie may creep into the process a eoiitingeiicy due to selt-will and other elements of iiaiticulaiity Hence, the actual law may bo different fioui what IS 111 itself light Noiu — Hence, in positive light that "which is lawfully cstabbsliud is the source ot the knowledge of "wliat is light, 01, iiioie accurately, is the final lesoit in litigation Positive ]uiispiudeucc IS to that evtent an histoiical science based on authoiity Additions aie a matter of the understanding, and couceiu oiitwaid aiiangements, combinations, lesults, tiiitlioi applications, and the like But when the luidei standing meddles with the essential substance of the iiiatlei, it may sene up singulai theories, of which those legaidmg ciiminal hw arc an illustiation — It is not only the light but the iiecessaiy duty of positive science, it is line, to deduce out of its positive data the histone progress and also applications and ramifications Yet it cannot be "Wondered at if it be regarded as a fair cross-question whethci a specific finding is after all wholly m accordance with leason (compaie on this point § 3 note).
213 Bight IS realized in the first mstance in the form of constituted la"w But it must m its content have further lealization. It must ajiply to the matter of the relations Uesetzt. Beseta, p jiii: I’liii-osorin oi mc.iii hearing on inojx'ity and conhatt, toinjiluated and taniified as these lelations in the cni( coinmunitN heimne It must apjily also to the ethical lelatious of feeling, love, and confidence, hut onlv in so fai as they contain the ]>h.ise of abstiatt light (§ 159) The iiioial (oiiiiiiaiids, toiidiing the tvill m its most piivate suh^cctiiiti and iiaituiilaiitv, cannot he the object of positne legislation Hut addilioiial mateiial foi legislation is finiiislied 1)\ the lights and duties ri Inch floi\ finni the aduiimstiation ol ]iisliio itself and from the state Adihiiuii — Of the highei lelalioiis of niaiiiage, love, religion, and the state, oiih- those as])ects can he oli]e( <s of legislation, nliich aieh} then natuie tapahle of liaiing an external eiiiliodiiiieiit Hoi c the lai\s ot difteienl nations aie very ditioi out Amongst the Chinese, toi example, it IS a law of the state that the husliaud shall lose Ins fiist wife moie than anx’ of the ollieis If ho is coinKted of the contiaiy, he is Hogged So, too, in the oldi'i lines may he found many piosciipts coucciiimg integiite and hoiioiii, things that aie whollj lutorual and do not fall vitlnii the ])rovince of legislation But as to the oath, vlicic the matter is laid upon the tonsuenio, integrity and honour must be viewed as m it outnaidh- siihstautiec 214 Besides appleiiig to the paiticnlai as a v hole, the constituted law ajijilies to the sjiecial case Heie it ciiteis the quantitatne legion lett niioccujiied by the coiicejitiou This IS, of coiiisc, the ahstiact ciuaiititahve, which is found m exchange as ealue The conception furnishes m this legion only a general limit, inside of which there is room for considerable uncertainty But fluctuations of opinion must bo cut short, and a conclusion reached Hence, inside of this limit a decision has the character of accident and caprice Note — To whittle the universal down not only to the jiarticular but to the individual case is the chief function o' the purely positive in law It cannot, for example, be de- Tin: CIVIC COMMUXITY tei nimed by leason, oi decided by any phase of the conception itself, ivlietlier foi ty lashes oi thiih-nme, a fine of four dollais 01 thiee dollai s and nmety-niiie cents, impnsoument tor a } car or three hundred and si vty-fonr or three hundred and si\ti -SIX days, bo the ]ust punishment foi a crime And let a lash, a cent, oi a day too much oi too little is an iii]iistico lieason itself lecoonizes that continf'ency, contiadiction, and atipeaiaiic'o have then splicie or light, limited though it is, and IS not at pains to leitify these contiaditions Hole the jmipose is solely to leach actuality, that is, somehow 01 othei nithin the gncu limit to get the matter settled This settlement is tlie office of foimal self-ceititiide oi abstiact suhieetivity, which, obseiving the inesciibed limit, mav bung the inattei to issue simply for settlement’s s.ike Oi its leasons foi its decision aie, if it has any, of this kind, that it should use louiid uumbeis, oi that the nuiiihei should he foity loss one It IS of no leal significance that the law does not make the ftii.il decision demanded by icality, but hands it ovei to the judge, limiting him meiely by a maximum and minimum The iiiaMiiium and iiiiuimum aie themselves lound unmbois, and do not do away with tlie requirement that the judge shall pronounce a finite purely positive sciitciii-e On the contiaiy, this action devolves ujion him iiecessarilv Addition — Undoubtedly the laws and the administmtion of justice contain m one of their aspects something contingent, since the law, though of a universal character, must nevertheless he applied to special cases. If we were to declare against this element of contmgency, we would pronounce in favour of an abstraction The exact quantity of punishment cannot be found in any factor of the conception, and whatever judgment may he made, it is to some extent arbitrary But this contingency is itself necessary. If one were to aigue fiom the presence of con- Till: piiiLOSOPiiy OF iiioiu tingency that a code of la^is was imperfect, he iiould overlook the fact that perfection of such a kind is not to be attained Law must, hence, he taken as it stands (6) Laio as Incm jm atecl 215 Since the bnidiuj' foice of law losts upon the imht of self-couseiousness (§ 132 and note), the lawsouoht lobe uni vei sail V made known Note — To liano up the laws, as did Dionysius the Tyiaiit, so high that no citi/cn could lead them, is a wimig To bui V them in a cunibious appaiatus of learned books, collections of decisions and opinions of ludyes who have deviated fiom the lule, and, to mako nialteis woise, to wiite them in a foieigu tongue, so that no one can attain a knowledge of them, unless he has made them a si>eiial sub-■jeet of studv, is the same wiong in auothei loim — The riileis, who have given then jieoplo a definite and s_\stematized book of common law, oi even an uushapeh collei tioii such as that of Justinian, should he thanked and landed as public henefactois Moieoiei, thev have done a dei isi\ e act of justice Addition — Jni ists, w ho hav o a detailed know ledee ot the law, often look on it as then mouopoh Ho who is nol, ot then piofessioii, they saj,.shall not he heiiid The physicists tieated Goethe’s thcoiy of colouis harshly, because he was not of then vocation, and was a poet besides But wc do not need tlie seivices of a shoeuiakei to find out if the shoe fits, noi do wc need to lielong to a paitnnlai trade in older to have a knowledge of the objects which are of universal interest in it Bight concerns freedom, the worthiest and holiest thing m man, the thing which he must know in so far as he is answerable to it 216 We are m the presence of an antinomy Simple universal characteristics are needed in a public statute-book and yet the finite mateiial by its nature gives use to endless definition, the conteit of any law should he a louuded- JllL CIVIC COMMUSllV off anil complete nliole, and yet tliere must continually be new legal findings But the light to a completed statutehook icmaius imimpaiied, since this antinomy does not ocLui in the case of fixed geneial piiiiciples, hut only with then sjieci.ih/ation Genei al piincijiles can be apprehended and piescntcd apait fiom siieeral cases Xotc — One chief souiie ot complexity in legislation OKiiis in the case of any liistoiic institution, which in its oiitfiii contains an iniiistice In the coiiise of time it is sought to infuse into this institution leason and absolute light All illiistiatioii of this pioceduie w^as cited above fiom Eomaii law (§ 180, note) It occms also in the old tendril hiw and elsewheio But it is essential to understand thal, owing to the natuie of finite inateiial, any ajipliialiou to it of imuciples, absolutely leasonahle and m themselves uniieisal, must he an infinite piocess To icipiiie ol a statute-hook that it should be absolutely finished, and iiicajiable of any modifiiation — a malady wliidi IS maiuly Goiinan — and to base this demand upon the leasoii that, if the book cannot be coinjiloted, it cannot come up to the so-c.illed iinpeifcct and theieforc tails shoit ot icrility, icst upon a twofold misuudcistanJmg This Mew implies a iiiiscouccptiou of the uatme of such finite ohicits as piivate light, whose so-called peifection consists simply iii ri peienuial appiOMiiiation It implies, too, a luiscoucoptioii ol the difteieiice between the uniieisal of the uiideistauding and that of leason, and also of their ajiplicatiou to the fanite and particular material, which goes on to infinity Lephis grand ennewi duBien cest le Meilleur IS the exinession of the tiuly sound human undei standing in coutiast with empty reasonings and leflections Addition — If completeness means the complete collection of every individual thing oi instance which belongs to a given siilieie, no science can be complete If we say that philosophy Ol any othci science is incomplete, it seems like saying that we must wait till it is perfected, as the best iiir PHILOSOPHY ok higiii thinff inav yot be lackiiij' In this way tlieie is no <jettiii<; on at all, neither in the seemingly completed stiouce ot geometiy, in iihidi, iiei ei theless, now elements aio being lutioduced, nor in plnlosojihi, a^IhlIi, though dealing with the uuiveisal idea, may be coutinuallv iiioie and inoie speciahi^ed The iiniveisal law tainiot be foievei meieh the ten ooinniaiidinents Yet it would be absiiid to letiise to set uj) the law “Thou shall not hill” on the giotiiid that a statute-book cannot be made (.oinplete Eveii statute-book can, ot couise, be bettoi It is patent to the most idle leflection that the most excellent, noble, and beautitiil can be conceited of as still iiioie excellent, noble, and beautiful A large old tiee biunches moie and nioie without becoming a new liee in the piocess, it would lie folly, liowevei not to plant a new tiee toi the leasoii that it was destined in time to have new In am lies 217 III the eiMc society what is lutimsKalU light becomes law "What was foimeih the siinjile and abstiait reali/ation of in\ piivate will becomes, when vi'i ogni/ed, a caugible factoi ot the existing geueialwill and coiisc lousness Acquisition of piopeity and othei sm h tiaiisactioiis must tlic'iefoie bo settled m aicoidanco with the loim assigned to this lealized light Hence, piojieiti now depends upon coiitiact, and, lu geneial, tijioii those iormalities, wdiicli furnish legal pioot of possession JVnte — The oiiginal oi diiect titles to piopeity and methods of acquisition (§ 54 and fol ) disajqjeai iii tlie civic community, or occui in it only as sepaiate aciidents and limited elements — ^Fomis arc reiected by tcehng, which holds to the subjective, and by leflection, which clings to the abstract side of the necessary formality On the other hand the dead understanding clings to foimalities in opposition to the thing itself, and infinitely increases then number — For the rest it is iiivoh ed m the whole process of education to win oneself fiee by hard and long endeavour from the sensuous and direct torm, and attain 'iin: CIVIC coMMCxirv.
to the foim of thought with its appiopiiatc simple expiessioii It is only in the eailiest stages of legal science that ceiemony and toiinalitios aie sigmhcant They aie then esteemed as the thing itself ratliei than its outei symbol 111 lloiiuiii law IS found a host of details and expiessions, winch foimeily belonged to leligious ceiemonies, and should 111 law have given place to phases of thought and their ap]iiopiiate expression Adchtiuii — In law uhat is in itself light is constituted 111 piopeity I jiossess something vhich was without an owiiei, this must now be lecogiiized and constituted as mine Houee, with legaid to piopeity aiiso in a community legal ioims We place boundary stones as a sign foi otheis to take notice of, ve have legisteis of moitgages and lists of projK'ities In the civic community pioperty IS geiieially obtained by ooutiact, a legal process which is fixed and definite Against fuims the objection may be uigod that they exist meiely to bung money to the aiitlioiitic's Oi they may l)c held to bo objectionable as indicating a lack of coiifideiico It may be said that the maxim “A man is Ins woul” has lost its foice But the essential thing about the foiin is that what is i pally right should bo constituted as light IVIy will is rational, it h.is -validity, and this validity is to be recognized by others Heie my subjectix'ity and that of otheis must fall auav, and the will must attain a ccitaiiity, assuiaiice, and objectivity, winch can be leali/ed only tliioiigb the form 218 111 tlie civie community pioperty and peisouality have a legal recognition and validity. Hence, crime is lujuiy done not meiely to an infinite subject, but to a univeisal fact, which has film and sure reality Here occurs, thoiofore, the view that ciame is a menace to society On the one hand the magnitude of the crime is increased, but on the otliei hand the secuiity, felt by society, lessens the exteiiial importance of the injury. As a result, crime is now often punished more lightly.
UHp PHILO'-OI'IIY OF RIOIIT.
Note — The fact that, when one memherof a rcjiiiiniiuitv sutferb, all others suffer with him, alters tin* ii.itiue nf crime, not indeed m its conception, hut in n-, (ct'onal existence The injurv now loncerns the geneial tlionjlit and consciouBuess of the civic (oiiiraunitv, and nut iin-relv the existence of the peisou diiectlv injuied In the Lemu ages, portrayed in the tiaiicdies of the dU(ient'5, the citizens did not regard theiii’-eh e-, as iiijuri d 1 >s the < i lines which the inemhers of the rmal houses loinuiitterl against one another — Crime, wlm li in ita inner nature is an inhnite injury, must as a realized tact siihrait to a rjualit.itive and quantitative measure (§ Ohj This oulwaid fad is fonditioned hy the general idea and coiisi lousness of thei alidit v of the laws Heme, the danger to the cnic community is one way of measmnig the magnitude of a ciime, oi one of Its atlriljutos — The qualitv oi magnitude laneswith the condition of a eornmimity In the ciicumstanies lies the justification of inflicting iijion a tlieft of a few cents oi a turnijj the jieualty of death, while it imjioses a mild punishment upon a theft of a hundied oi seieial hmidicd times the amount Atthongli the idea of dangei to the CIVIC community seems to aggiavatu the ciime, it has leally amehoi cited the penalty Ajieiial code belongs to its time and to the condition ui wlinh the civic community at that time IS Additiuv. — An offence seems to he aggiavated, if it is jieriictiatcd in a communitj, and yet in such a case it is treated with moie leniency Tins appeals to he sclf-contiadictory But although a enme could not he allowed by the community to go unpumshed, since it would then he constituted as light, yet, because a community is suie of itself, a crime is always mciely a single, isolated act of hostility without any foothold By means of the veiy steadfastness of the community ciiinu becomes a meie subjective act, which appeals to spring not so much out ot deliberate will as out of natuial impulse. Hence, a inoie 'JHE CIVIC COMML'NIIY k'Hicut MOW IS taken of eniue, and punishment also is anielioiatcd If the community is still unsettled, an example must he made by means of punishment, for punishment is itself an example ayainst the example of Clime Uiit in the suie and film community the position of crime is so unstable, that a lessei measure of punishinont IS siifhi leiit to suiieisede it Severe jiunishments are not ahsolnteh unjust, but aic due to the condition of the lime A ciiniinal code cannot apply to all times, and i iiiiioa aie nieie seeming existences, xvliich diaiv after them a gieatei or less rejection of themselves.
(<■) The Comt of Justice 21!) Eight, liaiiiig eiiteied leality in the foiin of law, and haling become an actual fact, stands in independent opposition to the paiticulai will and opinion of right, and has to 1 indicate itself as a imivcisal The lecognitioii and leahzatioii of light in each specnil case without the subjective instigation ot innate iiiteiests, is the office of a public power, the coiiit of justice Note — The office of judge and the court of justice may have oiigmated histoiicallv in the patiiaichal relation, in force, 01 111 voluutdiy choice This is for the conception of the object a inatlei of indifference To legaid the admmistiatiou of justice by pimces and lulers merely as a (ouitesy aud favour, as docs Hen von Hallei in bis “ Eostoiatioii of Political Science,” is to have no inkling of the fact that, 1111011 11c sjicak of law and the state, we mean that its institutions are reasonable and absolutely necessary, and that, when we consider the reasonable basis of the laws, we have nothing to do with the form of then oiigiu The extreme opjiosite to this view is the tiude idea that the administiation of justice is club-law or despotism, which suppiessed liberty by violence But the adinimstiatioii of the law is to he looked upon as the duty cjuite as much as the light of the public authoiity.
'UlE PHILOSOPHY OP Hir.Hl "VYhetliei to delcs'ato the disdiaige of this office to some powei 01 not is not at the option of aiiv iiidividiiiil