SigPhi · Georg Wilhelm Friedrich Hegel

Philosophy of Right (Grundlinien der Philosophie des Rechts)

Page 16 of 25

227 That aspect of the ease, which consists iii tiiow- lug and estimating the diiect facts, contains no distinc- tiieh 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 m- teiition 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-jiei- ceptious, and attestations based on the subjective certitude 'jui: riiiLosopiiY ok rk.iii of sense Tlieso Jeiiosilions, tcstiinnmes, iXiicl ciieiim- staiices 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 nevei- theless IS foimallv illogical, the pnnislniieiits aic eoiise- quentlv 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 in- telligence 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 soino- thiug eternal Assurance is subjet tire cuuvictiou 01 con- scieucc, 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 de- cision 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-conscious- ness 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 con- tent 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 disadvan- tage, but such leasomiigs eithei aie of secondary conse- quence.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 ex- ternal fate 229 In the civic community the idea is lost in jiaiticu- laiity, 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 lola- tive 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 happi- ness 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 subsist- ence 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 law- ful, 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 cir- cumstances, 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 possi- bility 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 stand- ing 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 with- out 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 pos- sibility 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 in- dividual, 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 ])io- iisionin 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 indeiien- dent peisous Instead of esteinal iuoi<raiii<‘ natme and the jiateinal sod, fiom which the individual diew sub- sistence, 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.i- tion 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 tiiciim- stances, 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 popula- tion 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 eallous- ness 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 self- ies 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 subsist- ence 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 extrava- gance, 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-com- jilete 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 communica- tion, the desiie foi wealth brings distant lands into an lu- toicouise, 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' conspicnoHsly In'tlxo icliitions of aiiuoiit Gicece witli Toma and MatjUii Giaetia, of Biittam •witli Biitiini, of Domnaik ■with Nol^^ay, ot Sweden with Finland and Lajdand, m contiast with tlio blnilit inteicoiusc ohtaininif between the inhalniiiiii'. ot the loa'.l.iinl Ilio'C ol tlie inteiioi TW have only to coinpaie the position of the nations, who haie ficqueiited tlie sea, with that ot the nations wdio liaie avoided it, in oidei to distovei what a means of iiiltiiie and commeuo it leallv is Ohseiie how the Enipliana and Hindoos have become dull and iiisonsihle, and aie sunk m the grossest and most shanietnl snpcistitions, while all the gieat asiuiiiig nations jiiess to the sea 248 The widei eonnection due to the sea becomes a means tor eoloiiizatioii, to which, he it sjioiadic oi system- atic, the full-giow'u (uic community hnds itself impidled Thus for a pait of its population it pioiidcs on a new sod a return to the tainilv juinciple and also jnoeuies foi itself at the same time a new imentne and held toi work Addition — The enu smiety is foued to found loloiiies, owing to the inciease of jiopulatioii, but inoie especiallv because piodiiclioii oici steps the needs ol eoiisiiiiijition, and the glowing iiumheis cannot satisfy then needs by their work Spoiadic colonization oicuis mainly in Gerniani, the colonists, findinn a home in Aiiieiica oi Eiussia, beini; without any connection with and of no benefit to then native land A dittei cut kind of coloni/ation is the s\ steni- atic, winch is conducted by the state eouscioush and with suitable appliances Of this kind of colonization many forms ocouired amongst the ancients, especially the Greeks In Greece the citizens did not engage in scieie toil, hut directed their energies to public affairs When the jiopulation grew to such an extent that it was diflicult to piovide for them, the youth weic sent into a newnoigli- homhood, which was sometimes chosen foi them, some- times left to the accident of disiaivery. In iiiudei ii times coloui'its have not heeii "i anted the rights pos- sessed l)v the mhahittinfcs oi the paient touiitiy The lesult has been wai and ultimate mdepeiidence, as mas lie read m the liistoiv ol the English and Siiaiiish colonies The independence ot the colonies has tinned out to be of the gieatest advantage to the iiiothoi laud, pist as the libeiation of the slaves was ot tlie gieatest advantage to the niasteis 249 The nniseisal, whuh is contained in the ]iaiticu- laiit} of the ciMc communitv, is leabzed and pieseived by the exteinal sjstein of police siipei vision, whose purpose is siinidy to piotectaud seciiie the innllitude of piivate ends and iiiteusts subsisting within it It has also the liighei function oL caiing ioi the iiiteiests whuh lead out beyond the emu coiiunuuitv f§ 246) In accoi dance with the idea paitieularity itselt makes the univeisal, which exists m its special mteiosts, the end and object ot its will and en- doavoui The ethii al pimciplo thus comes back as a con- stituent elonieut ot the civic coniniuuity. This is the coipoiation 2~j0 In its substantive tainilv life and life of uatiiie the agiiciiltuial class contains diioctly the concrete imiveisalm which it lives The iiiiiveisal class,.igaiii, has this univei sal as an mdepondeiit endot its activity, and as its giound and basis The middle oi comuieicial il.iss is essentially en- gaged wnth the paiticulai, and hence its iieculiai jnovmceis the coipoiation 251 The woik of the civic community spreads m dif- ferent diicctions in obedience to the nature of its particu- larity Since the implicit equality, contained in par- ticiilaiitv, IS heic lealized as the common purpose of an association, the jiaiticular and self-seeking end becomes something actively univeisal Each member of the civic community is w ith his special talent a member of the corllli: PIIILOSOPIIV OP UIGlIl poiation The mini;ibal aim of the cmiioiation is accoid- iii^lv quite toiKiete, aud has no ividei ajiplicatiou than ivliat lies ill tiado and its dislmttiie luteiests 252 In keepiiio ivith this view, the coijmidtioii, iiiidei the oveisi^dit of the public authoiili, has the light to look aftei its owu eleaih -defined mteiests, accoidiiig to the ob- lective qualifications of skill and lectiliide to adopt uiein- beis, whose iiumliei is detei mined In the geiieial cistoin, to make piovibion foi its adlieients against foituitoiis ocuuiionces, aud to iostei the capacity iiei essai v iii an\' oiio desiiiiig to become amembei lugeiieial it must stand to its incmbeis as a second lamily, a position which leiiiauis more iiidefiiiite than the family lelation, because the geiieial civic comniuiiity is at a laithei lenune fioiii ludl ■viduals and then special needs Note — The tiadesmaii is diffeient fiom the dav-lahoiiiei, as well as fioin liiiii who is leadv foi ain casual emiiloy- uieiit The tiadei.behe eiiqihnei oi emphnee, is a mem- bei of au association, not toi lueie accideiiftil gam Imt lor the whole ciicuit of gam, oi the iiuiveisal iinolved m his paiticular niamteiiaiice The piiiileges, winch aie lights of a corpoiate biaiich of the cimc (oniiumntx, aie not the same as special jnivilogcs in the eti inologic.il sense of the teim Special piivileges aie hapha/aid evceptions to a general law, but the otliei jniiilegcs aiu legal phases of the paiticulaiit V of an essential Inaiicli of the conimiiintv 253 The coipoiatioii jncnides loi the family a basis and steady means (§ 170), by sccuimg ±oi it a subsistence varying according to capacity Moieovei, both secuiity and cajiacity aie in the coiporation publicly recognized. Hence, the member of a corporation does not need to ceitify liis capacity oi the reality of his regular income to any laigei outside organization It is also lecognized that he belongs to aud lias active interest in a whole, whose aim is to pio- mote the welfaie of society in geneial Thus, in Ins class he has honour..

'llli: CIVIC CO'MMCMIY Kote — Tlic coipoiatuin, m makinij scfiiie the menus of tlie fiumlv, eoiiespoml!. to a^iifultiiie and piivate piopert\ m anothei splieic (§ 203, note ) — When it is (omplameil that the lu\tiiy anil e\tiavagante of the tommoieial class give use to pau 2 iers (§ 24-1), it must not he ovciloolied that these conditions have an ethical oi social basis in such causes as the incieasingly mechanical natiiie of woik If the individual is not a menihei of an anthoiized coi- poiatioii, and no combination can he a c-oipoiatum unless it IS authoiized, he has no class-honoui By limiting liim- selt to the self-seeking side of tiade and Ins own subsist- ence and en^ocnieuts, lie losers standing Ho peihaps seeks, 111 that case, to olitaiu lecogiiition by displaimg his success in Ills tiadc, but his disjilay h.is no hunt, because he has no desiio to li\e in a way becoming his class Indeed, he has no class at all, since only what is of geneial jniriiort leallv exists in a cine community, and can be established and ic'cognized As he has no class, ho has not the moie nnivi'isal life chaiacleiistic of the class — In the coiiioiation the assistani e lecened by iioveity loses its lawless chaiactei, and the humiliation wiongly assocnited with it The ojmlenl, bj ^’oifoiniiiig then dutv to then associates, lose then jnide, and cease to stn iiji envy in otheis Iiitegiity lecenes its duehoiioiii and iceogintion