(a) Property.§ 489. By the judgment of possession, at first in the outward appropriation, the thing acquires the predicate of “mine.” But this predicate, on its own account merely “practical,” has here the signification that I import my personal will into the thing. As so characterised, possession is property, which as possession is a means, but as existence of the personality is an end. § 490. In his property the person is brought into union with itself. But the thing is an abstractly external thing, and the I in it is abstractly external. The concrete return of me into me in the externality is [pg 108] § 492. The casual aspect of property is that I place my will in this thing: so far my will is arbitrary, I can just as well put it in it as not,—just as well withdraw it as not. But so far as my will lies in a thing, it is only I who can withdraw it: it is only with my will that the thing can pass to another, whose property it similarly becomes only with his will:—Contract. (b) Contract.§ 494. Thus in the stipulation we have the substantial being of the contract standing out in distinction from its real utterance in the performance, which is brought down to a mere sequel. In this way there is put into the thing or performance a distinction between its immediate specific quality and its substantial being or value, meaning by value the quantitative terms into which that qualitative feature has been translated. One piece of property is thus made comparable with another, and may be made equivalent to a thing which is (in quality) wholly heterogeneous. It is thus treated in general as an abstract, universal thing or commodity. § 495. The contract, as an agreement which has a voluntary origin and deals with a casual commodity, involves at the same time the giving to this “accidental” will a positive fixity. This will may just as well not be conformable to law (right), and, in that case, produces a wrong: by which however the absolute law (right) is not superseded, but only a relationship originated of right to wrong. (c) Right versus Wrong.§ 496. Law (right) considered as the realisation of liberty in externals, breaks up into a multiplicity of relations to this external sphere and to other persons (§§ 491, 493 seqq.). In this way there are (1) several titles or grounds at law, of which (seeing that property both on the personal and the real side is exclusively individual) only one is the right, but which, because they face each other, each and all are invested with a show [pg 110] § 497. Now so long as (compared against this show) the one intrinsically right, still presumed identical with the several titles, is affirmed, willed, and recognised, the only diversity lies in this, that the special thing is subsumed under the one law or right by the particular will of these several persons. This is naÏve, non-malicious wrong. Such wrong in the several claimants is a simple negative judgment, expressing the civil suit. To settle it there is required a third judgment, which, as the judgment of the intrinsically right, is disinterested, and a power of giving the one right existence as against that semblance. § 498. But (2) if the semblance of right is willed as such against right intrinsical by the particular will, which thus becomes wicked, then the external recognition of right is separated from the right's true value; and while the former only is respected, the latter is violated. This gives the wrong of fraud—the infinite judgment as identical (§ 173),—where the nominal relation is retained, but the sterling value is let slip. § 499. (3) Finally, the particular will sets itself in opposition to the intrinsic right by negating that right itself as well as its recognition or semblance. [Here there is a negatively infinite judgment (§ 173) in which there is denied the class as a whole, and not merely the particular mode—in this case the apparent recognition.] Thus the will is violently wicked, and commits a crime. § 501. The instrumentality by which authority is given to intrinsic right is (a) that a particular will, that of the judge, being conformable to the right, has an interest to turn against the crime (—which in the first instance, in revenge, is a matter of chance), and () that an executive power (also in the first instance casual) negates the negation of right that was created by the criminal. This negation of right has its existence in the will of the criminal; and consequently revenge or punishment directs itself against the person or property of the criminal and exercises coercion upon him. It is in this legal sphere that coercion in general has possible scope,—compulsion against the thing, in seizing and maintaining it against another's seizure: for in this sphere the will has its existence immediately in externals as such, or in corporeity, and can be seized only in this quarter. But more than possible compulsion is not, so long as I can withdraw myself as free from every mode of existence, even from the range of all existence, i.e. from life. It is legal only as abolishing a first and original compulsion. § 502. A distinction has thus emerged between the law (right) and the subjective will. The “reality” of right, which the personal will in the first instance gives itself in immediate wise, is seen to be due to the [pg 112] The phrase “Law of Nature,” or Natural Right154, in use for the philosophy of law involves the ambiguity that it may mean either right as something existing ready-formed in nature, or right as governed by the nature of things, i.e. by the notion. The former used to be the common meaning, accompanied with the fiction of a state of nature, in which the law of nature should hold sway; whereas the social and political state rather required and implied a restriction of liberty and a sacrifice of natural rights. The real fact is that the whole law and its every article are based on free personality alone,—on self-determination or autonomy, which is the very contrary of determination by nature. The law of nature—strictly so called—is for that reason the predominance of the strong and the reign of force, and a state of nature a state of violence and wrong, of which nothing truer can be said than that one ought to depart from it. The social state, on the other hand, is the condition in which alone right has its actuality: what is to be restricted and sacrificed is just the wilfulness and violence of the state of nature. |