220 Eeveiigo, oi the light against ciiiiio ("§ ]02h is light only in itself It is not light m the foiiii ot hnv, i e, it is not m its actual existence inct The place oL the iiipiicd person IS iioiv talo'ii by the mpirod iiiiiioisal, nliicli is actiiali'/cd 111 a special iitiv m the coiiit of pistice To puisne and punish ciiine is its function, ivhich theicfoic ceases to be a iiieie subjeitirc letaliatioii oi leienge, and IS in punihliinent tiansfoimed into a tine let oik iliatioii ot Tight •with itsclt 111 the ai t ot punishment, iiewod obp'i -tively, light IS ictoiitiled to itself, and lestoies ilselt bv supeisednig the ciinie and icMluing its otrii inheieiit ■vahdity In ])unishinent, Mciied snbjectiiely, oi liom the standpoint ot the CHininal, the law, kiiouii In him and available foi Ins piotoctiou, is atoned toi The exeiutioii ot the law upon him, oi the satistaitioii of pistite, ho hiidi to be simply the completed.ut of his oiiii law 221 A member ot the cmc couimnuity has tlic light to bring a lause befoio the loint oi luslicc, and is.ilso in duty Ijouud to appeal in the couit, and accept iioin it the decision of the point iii dispute Addiiiuii — Eseiy individual has the light to Ining his case liefoie the conit But he must liuow the laws, otheiwise the jiiiiilege would lie of no seiviie to him But it is also a duty foi him to apj'cai bofoie the comt Uiidoi the feudal bjsteiii the pimcc or noble defied the couit, and refused to appeal, legaidiiig it as a uioiig if the couit summoned him before it This condition of things is contradictory of the real function of the court In more recent times the prince has m piivate affairs lecognizeJ the courts as supeiior to him, and in free states his cases are usually lost 222 By the court it is lequircd that a light he piovud The legal process gives the contending jiarties an ojipoituuily to substantiate then claain by evidence, and ^mt tlie 'iiii: cnic co-^ijiuxiiv.
^ud^e in pos&ession of a knowledge of the case The necessai V steps aie themselves lights, then couise must 1 e legal! \ fi\ed, and they torin an essential pait of theoletical unispmdence Addition — It may stii men to levolt if they have a light, ninth is lefused to them on the score that it cannot he jnovcd Blit the light, whith I have, must be at the same tune (onstituted I must he able to pieseut and piovc it, and onlv nheii that, ninth it leally is, is constituted as law, IS it of any avail to me in a tommiinity 22d The stages ot the legal piocess mav ho nioic and moic nnniitely subdiMtled, and e.ich stage has its light As tins subdivision has no inheieiit limit, the legal process, ninth IS ahead} ot itselt a means, may be opposed to the end, and beconic something ex.teiual Though this exteusne loi mailt} is meant toi the two contending pai ties and belongs to them as then light, it may become an evil and <tii iiistnuiicnt of nioiig Theiefoie, in oidei that the tno jiaitu'b, and light itselt as the substantive basis, may bo inoletted against the legal jnotess and its nnsusc, it is by n a} ot law made a dutv foi them to submit themselves to a simple couit, the tnil couit of aibitiatiou, tor a pielinnnaiy tiial, beloie going to the higher couit Note — Equity mtludes a depaituie fioin foimal right tlnough iiioial and othei legaids, and refers diiectly to the content of the suit A touit of equity decides upon the paiticulai ease, nitliout adheiiug to the foimalities of the legal process It is not conhiied to the olqettive evidence, as IS formal law It decides upon the mterest peculiar to each paitieulai suit Its judgment is not meant to be ajijilied genoially 224 As the public promulgation of the laws is one of the lights of the subjective consciousness (§ 216), so also IS the possibility of knowing how in any special case the law IS tamed out The couise of the external pioteedings should be piibhu, and also the legal piiuciiiles mvolved 'iiii; piiiLO'.opu\ ot niMir.
Tho 01 del' of piocoduic is of lUelf a ■tliiiif? of geiioial iiilue Tliouj'li llic special content of the case is of mtoic'-t only to the conteiKlnis' parties, the iiniveisal content, myohni;' iitrlit and a leoal decision, is of mteiest to all HeiiLC is demanded the publicit}' of the adinmistiatioii of tlie law Note — Delilieialions by the niembeis of a couit ainonght themsehes oiei the judgment to be given, aie only piuate opinions and viens, and aie not of pnbln iinjioit Adthtinn — Honest eomiiion sense bolds that the jnihhcity ot legal pioteedings is light and jiist A stioiig reason to the contiai \ nas alnai s the lank of the judu laiy They iveie not to be seen 1)\ eveijbody, and lecMided themselves as the naideis of a Ian, into nliKli Lmiieu ought not to intiude Hut Ian sbonld possc'ss the confidence of the citi/ens, and this fact calls foi the luiblii itv of the seiiteine PiibliciU is a light, because the aim of the couit is jiistne, •\vhiih as a uiinei'aliti belongs to all Moicoiei, the citizens should be coiiMiucd that the light sentenre has actuallvbeeu jnoiiouiKed 225 111 the mijilK ation of the l.iw by the judicial anthoiiiies to sjienal cases are to ho distinguished two separate asjiects Theie in list bi* fiistly an acrjiiaiutanie ■with the diiect facts of the case, whethci a coiitiact has taken jilace, an iiijuiious.ict done, and nlio tlie dooi is In ciimiiuil htw the act must be known also in its intention, nlneh loutams its substantive ciimiiial quality (§ 119, vnte) 111 the second place the act must he biouglit undei the law of the icstoiatiou of light Tins in cimnual law includes the punishment Decisions in connection with these two aspects are two diffeicnt functions Note — In the constitution of the Boman la'w-couits these t-fto functions occurred in this way The Purtoi gave his decision on the condition that the case was of such and such a kind, and then he commanded a ccitaiii Judex to makes luquiiies into its exact uatiiic The fixing ot the exact ciimiual quality of an act, 'whether, foi examjile, 'IIIE CIVIC COMMUXIIY it be ininrlei or iiiauslauglitei, is m Englisli judicial proccduie left to tbe insight oi capiice of the accusei, and the coiiit is lestricteil to his view, even if it is seen to be IVlOllg 22(1 To conduct the whole inqiiiiy, to aiiaugc the jirocediiio of th(* paities, which is itself a light (§ 222), and to pass eeiiteuce, are the special functions of the judge (§ 225) i’oi him, as the oigan of the law, the case must be piepared and bi ought undei some law It must be laised out of its ciiijmical uatuie, and made a leeogiiized fact with general attiibiites 227 That aspect of the ease, which consists iii tiiowlug and estimating the diiect facts, contains no distinctiieh judicial elements The knowledge is possible to any intelligent man When, m oidei that an estimate of the act may bo made, the subjoitive factoi of the insight oi mteiition of the agent is es'cutial (see Second Paitj, when the eiidoiKo coiiceiiis no abstiact object ot reason oi the uiideisiandiiig, but iiioie jiaiticulais, ciicumstances, and objeits ot sensible jieiceptioii and subjective ceititude, lieu the case oontams no absolutely objective element, and the duty of deciding must fall to subjective couvmtion and couscioiiee {ainim senteiiliu), and nheii the evidence ic’sts on depositions and statements, the oath, though a suhjectno eoiitiimation, is ultimate hotc — 111 this question it is a caidmal point to keeji heCoie oui eves the natuieot the available evidence, and to distiugiusli it fioni kiion ledge and evidence of otliei kinds To prove a phase of leasou, such as is the conception of light itself, that is, to lecognize its necessity, requires anotliei method than the proof of a geometrical theorem Moreovei, in a theorem the figure is determined by the un del standing, and is already abstractly made according to a law But in the case of an empirical content, such as a fact, the mateiial for knowledge is composed of sense-jieiceptious, and attestations based on the subjective certitude 'jui: riiiLosopiiY ok rk.iii of sense Tlieso Jeiiosilions, tcstiinnmes, iXiicl ciieiimstaiices must be jiiit toiietbei, anti from tliem a conclusion must be drawn With such matciial and such a means of making it indcpeiiJeut and objective tlieie is attained oiilv paitial pioofs In obedience to a true logie, 11111111 neveitheless IS foimallv illogical, the pnnislniieiits aic eoiisequentlv exceptional This obiectiTO tiiitli is quite ditb'ieiil from the tiuth oi a lational principle 01 of a piopositioii, whose mattei has aliead^ been abstiai tlv lived bv the under standing In so far as an enipiiical truth c.in be recognized in thospocifit ludiual hiidiug of a loint, and so fai as in the finding can be shown to he an unique qiialiti, that IS, an excliiviie iiiijiln it right and necessit i, the ioiiiial ludicial coui-t IS entitled to jiass judgment iijioii the tact as well as upon the jioiiit of law Addition — There is no reason foi supposing that Ihe judge is the oiil\ one to decide upon iiiatteis of lad For this not the legal mind alone but any man of oulinaiy intelligence IS comiK'toiit Judgment as to mallei ot fad depends upon einpintal ciicumstauces, witnesses of the act, and similar data of jieiciqition Tlicie iiiav also be othei facts, In ineaiis of uhiih one can infer the uatiiie and piobabililj of the act in dispute Heie at most we leach an assuiance, hut not a tiuth in the sense of soinothiug eternal Assurance is subjet tire cuuvictiou 01 conscieucc, aud the qiu'stiou to decide is what foim to give tins reititudc at a law court The demand, usually made m German law, loi a confession on tiro pait of the criminal has this right, that by it satisfaction is given to the light of the subjective consciousness. The judge’s decision must agree with the crimmaTs consciousness, and, not until j culprit has confessed, is the sentence free fiom an clement which is foreign to him But the ciimmal may deny the act, and thus impenl the course of justice Yet it is a harsh measure to tieat him according to the subjective conviction of the judge, since then he is no 'HIE CIVIC COMMENIiy loDffei refftiided as fii'c Hcure, it is still requiied that the deciec of guilt oi iiiiioeeiKC should come fiom the soul of the ciimiiial, and this lequisite is seemed through tiial hy jury 228 When the facts of the case have been decided on, and the judge in his sentence bungs the case, so qualified, uiidei <i ceitaiii law, the accused’s light of self-consciousness is not iiol.ited In the fust iplace, the law is known, and IS itsell the law of the accused In the second jilace tlie juoceediiigs. In iihicli the case is biought under a ceitain law aie public But uheii a decision is not yet leached upon the jiaiticiilai siibjectne and external content of the iiiattei, a knowledge of iihicli comes under the hist of the ti\o aspects gneii iii § 225, the accused’s light of self-cousciousiiess is jneseived In lutiusting the case to the siibjectiMtv of juiois This piocediire is based on the equality of the juiois with the accused, both as legaids class and in geneial Nate — The iiglit of self-consciousness, or the element of subjediie fieedoiii, can bo legaicled as the substantive lioiiit of view 111 the question of the necessity of a public tiial, oi tiial In a jiiij' To this jwint of view all that is essential and needful m these institutions maybe i educed Fioni aiii other staiidjioiut disjiutes may aiise as to whethei this oi that fc-atuie is an advantage or disadvantage, but such leasomiigs eithei aie of secondary consequence.and decide nothing, oi thev aie taken from other and pel haps higher spheies It is jiossible that the law might be as well administered by courts of judges, or even better by them than by other institutions. But grant the possibility, or let the possibibty become a probability or even a cei tainty, there remains always on the other hand the light of self-consciousness, which maantains its claims and iiinst be satisfied Because of the general nature of the law, it can happen that the knowledge of right, the ^ course of legal proceedings, and the possibility of proseiiii: pirirosopiir or uiGiir cutmg the Ijav, may become the exclusive piopeity of u class. This class may use a languaure ivhitli is to tliose m whose mteiest it was made atoieipi touf'ue The membeis of a CIVIC comiiuTuiti', ■nlio haie to lelv toi then subsisteiuc upon then o^^ n activiti, knowledge, aud will, then become stiangeis not only to what is most piii.ite and iicisoiial in the law, but also to its subslantiio and latioiuil essence Hence, they fall iindei a kind of bodily lassalage to the legal class Thei may have the iiglit to pi esent them solve i in peison bofoie the couit (in judicio staie), but ot what use is that, it thej' aie not present as intelligent spiiits •' The justice, which they iccene, leiiiaiiis foi them an external fate 229 In the civic community the idea is lost in jiaiticulaiity, and disjieisod by the sopaiatiou ot miiei and outei But in the admiiiisti alien of justice the community is biought back to the conception, that is, to the nuitv of the mtimsic univeisal with subjectne juiticiilaiity But as subjectiie paiticuhnity is pieseul only as one single case, and the umioisal onli as absti.u-t light, the iiiiihi atioii ii in the fii’st iiistaiico lelatire The lealizatioii of tins lolative unity oiei the nhole lange of paiticulaiity is the function ot the judice, and within a limited but coiiciete totality constitutes the coipoiation Acldihoji — 111 tlie cimc coiiiinuiiitj mill eisality is only necessity In the i elation ot wants, light as such is the oulj steadfast piinciple But the spheie ot this right is limited, and lefers meiely to the piotection of m hat I have To light as such, hapipiuess is something external Tet in the system of wants well-hemg is an essential element The universal, which is at fiist only right, has to spread itselt 01 ei the whole held of particulaiity Justice, it is tine, is a large factor in the civic community The state will flouiish, if it has good laws, of which free propeity is the fundamental condition But since I am wholly environed by my particularity, I have a right to demand that iii THE CIMC COMMUNITY connecting myself ■with otlieis I shfill further my special happiness Begaid to my paiticulai •well-being is taken by the i>ohce and the corpoiatiou C Police and Corporation 230 In the system of ivauts the subsistence and happiness of cveiy iiidnidual is a possibility, whose realization IS conditioned by the objective system of ■wants By the admmistiatiou of justice compensation is lendeied foi iiijuiy done to piopcrty oi peison But the right, which IS actualized in the particulai individual, contains the two following factois It asks histlv that peison and property should be seemed b\ theienioval of all foituitoushmdiances, and secondly that the security of the individual’s subsistence and happiness, his paiticulai well-being should be legal ded and actualized as a light (a) Police 231 So far as the paiticulai wtII is the principle of a pill pose, the foico, b\ -W'hich the niiiveisal guaiantees secuiitj, IS liiiuled to the icalm of raeie accident, and is an e\teinal aiiaiigemeiit 232 Climes aie in their natnie contingent or casual, taking the foiiii of capiieious choice ot evil, and must be pieieiitcd 01 bioiight to justice by the general foiee Apait fiom them, howevei, aibitiaiy choice must be allowed a place m connection with acts in themselves lawful, such as the piivate use of property Here it comes into extcmal i elation with other individuals, and also ■with public institutions for reahzing a common end. In this way a piivate act is exposed to a haphazard play of circumstances, which take it beyond my control. It thus may or actually does effect an injury oi ■wrong to others.
233. This IS, indeed, only a possibdity of harm. But Q iin: puiLosvOPiiv op' lui.iii that no actual luiui^ is clone is now no lonp;ci a niiittci of accident, since the aspect of iMoni' in private acts is (he ultimate giouud foi the light of polite toutiol 234 The lelatioiis ot c‘\teiual lealitv occui 111(11111 (ho lealin ot the lufamty cieatecl hv the nndci standing, and have accoidingly no inheient limit Hence, as to ivhat is dangeioiis and iihat not, ivhat suspicious,111(1 iih.vt fice fiom susjiicioii, 11 hat is to he ioi hidden, 01 hejit under inspection, 01 pai cloned nith a icjiiimaud, iilnit is to he letiUned attei jsudon uiidei police- siqH-iiision, and what is to he dismissed on suspended seiiteiice, no houndai v tan he laid down Custom, the spiiit of ihc coiistitiiliou as a whole, the condition of the time, the danger ot tlie moment, etc, furnish means tor a decision Addition — No filed definition can lieie he giien, 01 ahsoliite honndiiiv cliaivn Heie evei \ t hmg is ]ieis()iial and intlueiicecl hi suh]ettive oinnioii To the spiiit ot the constitution 01 the daugei of the times aic due aiii more decisive chai.icteiistic s In time oC ii.ii, c c/, manv things morally h.ai niless are looked cm as h.iimliil Hoc.mse of the-* jiiesence ot this a'pect of coiitiiigeucy and aihitiiiry personahtv the police aie viewed 111th odium Thei Ciiu hy fai-tetched coikIiwous diaiv c-ic-ri kind of thing viillun then spheie, foi in anithiiig in.ii he found a possiliihty of haim Hence, the jiolice may go to ivoik m a podautic spiiit and clistiiih the moial life of individiwls But great is tlie iiui-ance may he, an ohjective limit to their action cauuot be draiin 235 Although every one relies on the untrammelled possibility of satisfying his daily wants, yet, when in the indefinite multiplication and limitation of them it is sought to pioeure or evchange the means and it is desired to expedite the transaction, there comes into sight a c ommon luteiest, which makes the husiiiess of one subserve the inteiest of all Theie apjiear, likewise, ways and means, which may be of public utihtj. To oversee and toster the ways and means Till: CIVIC COMMUNIJY.
calculated to pioiiiote the public welfare is the function of a public power 236 The difteient luteiests of pioducers and consumers may come into conflict, and, althouffh the light relation between the two may on the whole aiise of its own accord, yet the ad)ustmcut of the two calls foi a regulation standing above both sides and put into opeiation consciously The light to make such a legulatioii lu any particular case (e q, tavationof the ai tides most iiccessaiy to sustain life), (ousists lu this, tliat the publn oftei of goods, in wide and dailv use, is not to the individual, as such, but to him as a uiiivei sal, i c, to tlie public The people’s right to honest dealing and luspoetiou of goods to pi event fiaud may be enCoued liv a public fuiictioiiaiv But moie especially does the clepeudence of gieat blanches of industry upon foieigii conditions and distant combinations, which the individuals engaged lu these iiidustiies cannot themselves oveiaee, make netessaiy a geneial super vision and control Xtifo — 111 eontiast with lieedom of business and trade 111 the (ivic comiiiumty stands the other extreme of the establishment <iiid diiection ot the woik of all by means of ofhcial regulation Uiidei this head comes perhaps the constiuctioii of the pyramids and other monstrous Egyptian and Asiatic works They wcie built ioi public ends without the iiitei vcntion of any work done by the individual to iiiithei his own juivatc interests Private interest summons the pimciple ot fieedom against inteifeience from above, bnt the more blindly it is sunk in self-seeking ends, the more it stands iii need of regulation, m order that it may be led back to the universal Thus what might be a dangerous upheaval becomes largely harmless, and shorter time is left for conflicts to adjust themselves merely by unconscious necessity Addition — Police control and provision are intended to intervene between the individual and the universal possibility of obtaining his wants. It takes charge of hghtmg iiti: pinrosopiiY op rioiii' the stioets, Imikliiig hiidi'os, taxation of daily wants, c\cn of health Two iiiaiii nows stand out at tins point One view IS that it falls to the police to look aftoi evcnthiii^' the other that the jiolice should not iiiteifeio at all, siiKe eveiy one will ho £?iiKled hv the need of otheis The individual, it 13 tiue, iniiht have the iiijht to oaiii liis hioad 111 this or the othei nay, hut on the othci hand Ihi' jnihlic has a right to ask that what is neios-aiv shall ho done Both claims should he met, and thefieedom ol ti.ide ought not to be of such a kind as to ondaiigoi the goiieial weal 237, The iiossihility of shaiing in the geiu'ial nealth is open to the individual and sceincd to liiiu hv piihlic regulations This seeuntv. howeiei, cannot he coiuidete and in any case the po-sihility of sli.uing in the gcmual wealth 18 fioin the suh]ective side ojieii to (iisnalties, pist m pioportiou as it 2 ’icsiipj)oscs (ouditions of skill, health, and capital 238. In the fiist instance the faniilv is tin' suhstantivo whole To it falls the clutv of inovidiiig foi the jiiiilu nlai side of the indiiiduaTs life, both in legard of the ine.uis and talents lequisitc foi ninnmg his maiutenauce out of the common stock, and lu logaid of subsisteiiio and ])ioiisionin case of disalnhtv But the (me toinmiiiiity tears the indivnlual oiitot the family bonds, makes its nioinheis stiangeis to one auothei, and iccogni^es them as indeiiendent peisous Instead of esteinal iuoi<raiii<‘ natme and the jiateinal sod, fiom which the individual diew subsistence, the community substitutes its own gioiind, and subiects the whole family to foituitous dependence upon itself Thus the individual has hcconie the son of the civic community, which makes claims upon liiiii, at the same time as he has lights to it Addition — The family has, of course, to inovido bread foi indu iduals, but in the civic community the familv is subordinate and merely foims a basis Aftei that it is no longer of such extensive efficacy. Bather is the civic 'Illi: CIVIC COMJIIXIIY.
community the moiisitoi, ^\lllcll snatches man to itself, cLimis fioin him that he should toil foi it and that he should evist throujjh it and act liv means of it If man is a iiieniboi of such a coiiimuuiti, he lias lust such lights in it 01 claiiiis uiion it as he had in and ujion the family The tivic coininuiiity must piotect its mem hois, and defend their lights, as they in tarn aie engaged to obey its mandates 219 The cnic commiiiiiti', in ils cliaiacter as umreisal family, has tlie light and duty to supeisede, if necessaiy, the will of the paients, and supeiintend the education of the louiig, at least iii so fai as then education beais upon then beniniiiig meinbeis of the eoinminiity Esjieciall}'^ is this the case if the education is to be completed not by the paients but by otheis Euithei, the community must iiiideitalvo goiioial aiiaugemonts foi education, in so fai as the\ i an be made A(l(hfi(»i — The bouiidaiv lino between the lights of paients and those of the cmc coiniiiuinty is hard to define The jiaionts goueially suppose theniscdves to iiossess com-2 )k'le libel ty with legaid to ediuatioii, and to be able to do uliatevei tlun ■wish Whenovei instiiKtiou ismadejiubbc, the chief o^ipositioii usuallv comes fiom the jiaieiits, ■who CIV out and make acclaim about teacheis and schools meielv beiausc they aie dis^iksised with them In spite ol tills, the comnuiiiitv has the iiirlit to pioceed accoiding to tiled methods, and to compel paients to send tlieir iliildieii to school, to liaie them lacemated, etc Contests occui 111 Fiance between the deiiuiuds of fiee instiuction, 1 e, of the pleasure of ]i<irents, on the one side, and the ovei sight of tlie state on the othei 240 Similarly, the community has the duty and light to take uudei its guaidiausliip those who wantonly squander then subsistence and that of their family In the jilace of this eitravagauce it substitutes then real end, which it seeks to ]noir.ote along with the jiuipose of the community AddUion. — It was a law m Athens that eveiy citizen Tin: piiiLO'^opiiY or Rionr.
should ^ive iin aot-onut of liis iH of life Oni ^ low is that this IS no one’s hnsiness Of couise e\civ indiiuln.il IS in one iviiv iiideiiendent, hut he is also a ineinhei ol the system of the ciiie cominimiti In so tai as oieii iii.m h.is the light to aslc maintenance tiom it, it must also protect him against himself It is not simply tli.it staii.ition must he giiaided against The widei new is tli.it there nevei shall aiise a lahhle, oi mass Siiiie the tmi communitv is obliged to suppoit iiidiiiduals. it h.is also the light to insist that mdiiidn.ils should laie foi its subsistence 241 Not the.iihitian 1111101111. hut aiiuleiit.il tiiciimstances, which niav he phisu.il or evteiiialf^ 200 ), iiiai bring the mdindiial to iiovertv This (oiulitioii eijioses him to the Hants ot the civic coinmiinitv, whii li h.is already dejuived him of the u.itiii.il methods of acquisition (§ 217 ), and supei seeled the hond of the ianiih stock (§ 181 ) Besides, iioicitv causes men to lose nioie 01 less the advantage ot societv, the ojipoitnniti to.leijiiiie skill or education, the heiieht of the admiiiisti.ition ot )ust]co, the caie for health, eicu the ion sol.it 1011 of leligion Amongst the jiooi the jiiihlu poiiei t.ikcs the jilaie oi the famili in legaiil to their immeduite need, dislike ot iioik, bad disposition, and othei nces, iiliich spiing out ol poveity and the sense of wioiig 242 The snh]ectiic element of poieiti, 01 geuci.illv the distress, to iiliich the iiidindual is hi natiiie e^poscd, requires suhiectiie assistance, both 111 view of the S2)0cial circumstances, and out of sympatliv and love Heie, amidst all general arrangements, morality finds am^de room to woik But since the assistance is m its ohu nature and in its effects casual, the effort of society shall be to discover a general lemedy for penury and to do without random help Note — Haphazaid almsgiving and such foundations as the hiiinmg of lamps beside holy images, etc., aie leplaced 'iin; CIVIC cmniusiiY by iinbhc pool -house!., hospitals, sticet lighting, etc To tliaiity enough still lemams It is a false view foi cliaiitv to lestiict its help to jiiivato methods and casual sentiment and kiiouledge, and to led itself in'|nied and weakened liv icgulatious liinding iijioii the iihole community On the coiitiaiy, the public system is to be regarded as all the iiioie complete, the less leinaiiis to bo done by special ettoit 243 When the civic comiminily is untrammelled in its activity, it iiiLi eases within itself in industiy and population By geiicialiymg the leLitioiis of men by the way of then mints, and by genoiali/ing the inaiinei in which the means ot meetiiig these wants aie jnepaied and piocuied. Luge toi tunes an* amassed On the otlioi side, tlieie occui loii.ntitioii and limitation of thcnuik of the individual labouiei and, ( onsec[ueutlv, dependeme and distress in the artisan c lass "With these diawbacks aie associated eallousness ol leelmg and inability to enpiv the laigei possibilities ot fieedoiii, especially the mental adiaiilages of the civic comiiiuiiily 244 Wlieii a huge iiiimbei of 2 >eople sink below the staudaid ot living lesiaided as essential loi the inembeis of societj, and lose that sense ol light, lectitude, and honoui which IS deinedtiom selt-sujij’oit, a jiauiiei class aiises, and nealth accumulates disiuojioitiouately in the hands of a few Addition — The nay ot Iniug of the jiaupei class is the lowest of all, and is adojited liy themselves But with difteient peoples the minimum is very different In England even the poorest man believes that he has his right, and with him this standard is different from that which satisfies the poor in othei lands Poverty does not of itself make a xiauper The paujiei state implies a frame of mind, associated often with poverty, consisting in inner rebellion against the wealthy, against society, and against constituted authoiity. Moieover, m oidei to descend to 'HIE PIIIEOSOPIIV or RK.IIP the class, ■winch it> at the meicvof the changes and chdiiccs i>f life, men must be heedless and nubifeient to woik, as aie the Lazzaiom in Naples Hence, in this section of the community aiises the evil thing that a man has not selfies 2 iect enough to earn his own living by Ins ivoilc, and still he claims suppoit as a light No man can niaintani a light against uatuic Tet, in social conditions ivant assumes the foiin of a wiong done to one oi othei class The important c^iiestion, how poi ei tj is to be done away with, IS one which has disturbed and agitated society, especiallv in niodein times 245 If u^iou the moie wealtliv classes the bin den weie directly laid of maintaining the jiooi at the lot el of their ordinaiy way of life, oi if m public institutions, such as iich hospitals, foundations, oi cloisteis, the pool could leceivo direct suyipoit, thej' would be assuied of subsistence without lecpurnig to do anj woik Tins would he contiary both to the luinciide of the cuic comiiiunitv and to the feeling its meinbeis hate of iiidepeiideiicc and honour Agaiu, if suhsistcuce were ended not diicctly but through woik, or o^jpoitunit} to woilc, the cpiantity' of ju'oduee would be mci eased, and the consumeis, becoming themselves ^noduceis, would be i>ioj)Oitionatcly too few 'tVlietliei m tlie case of ovei-piodiictiou, thou, oi in the ease of diiect helji, the evil sought to bo removed w'ould leiiiam, and, indeed, would by eithci method bo enhanced Theie arises the seeming paradox thattho civic community w hen excessively wealthy is not iich enough It has not sufficient hold of its own wealth to stem excess of poveity and the cieation of paupeis Xute — These phenomena may he studied in England, wheie thev occur on an extensile scale In that country may also he ohseived the consecjucnces of jiooi rates, of last foundations, of imlnmted 2 >riiato benevolence, and, above all, of the discoutinnance of the corporation In THE CIVIC COMMUNIIY England, and es 2 )eaally in Scotland, the most diiect rcuiody again&t jioveity and against laziness and extravagance, winch aio the cause ot jioveilj', has been piovcd by ja actual exjieiicuce to be to leave the iiooi to then fate, and diiect them to jiublic begging This, too, has been found to be the best means for jn eserving that sense of shame and lionoui, which is the subjective basis of society 246" By means of its own dialectic the civic community IS diiven bejoiid its own limits as a defanite and self-comjilete society It must find consuiiicis and the necessary means of life amongst otliei iieoiilcs, uho either laclc the means, of which it has a supoiflnity, oi have leas developed mdushies 247 As the fiim-set eaith, oi the soil, is the basis ot faniilj lite, so the basis of iiidiistiy is the sea, the natuial eleniout which stimulates intcicouise with foieign lauds Bv the substitution foi the tenacious grasji of the soil, and foi the limited round of ajijictitos and enjoyments embiaced witlnu the civic life, of the fluid element of dangei and dostiuctiou, the jiassion foi gam is tiansformed By iiieans of the sea, the gieatcst medium of communication, the desiie foi wealth brings distant lands into an lutoicouise, ubidi leads to coinmcicial exchange In this iiiteicouise is found one of the chief means of cultuie, and m it, too, tiade leceives woild-histoiical significance Nate — Kiveis arc not uatuial bouiidaiies, though people ha\c lu modem times tried to make them so Bather do they, and moie especially the sea, bind men together.
That Horace (Carm. I 3) is wrong when he says.
“.. dens ahscidit Pnutens Oceano dissociabili Teiras,.
is shown by the geneial fact that basins of rivers are inhabited by one nation or lace. This is pioved even more 'iin: PHILOSOPHY op Rifiiii'