Addition — It 13 often imuntaiiied that the iiositioii ol monaich giios to the atlaiis ot state a liaiiha/aid chaiactei It is s.inl that the iiiouaich mav be ill-educated, and iiiiwoithv to stand at the helm ot state and that it is absuid foi such a condition ol things to exist nuclei the name of leasou It must be ]e 2 diecl that the assiinqitioii on uliich these objections pioceed is of no value, since theie IS here no reference to particulaiity of eharactei In a completed organization we have to do with nothing but the extieme of formal decision, and that foi this ofiice is needed only a man who says “ Yes," and so 2 '*uts the dot upon the “ 1 ” The pinnacle of state must he such that the 2 ni'ate ch'aracter of its occu 2 )aiit shall be of no signih- cance What bejond this final judgment belongs to the I lie SIAIL iiionaidi flevolvos upon p.iitieiilaiiti, with ivlncli nc have no concern Thcie may indeed aiise circumstances, in Clinch this paiticulaiity alone has piouunencc, hut lu that lasothe state is not let fiillv, oi else badly consti noted In a well-oideied nioiiaicliy onh the obiective side of law conies to h.uid, and to this the monarch subioins ineiely Ihe sub]ectice ‘‘ I will ” 281 Both elements, the fin.il iiiotn eless self of the will, and the like motiveless cMstonie on the side of nature, indissolubli unite in the idea of that wlinli is beyond the leai h ol capiK e, and constitute the majesty of the nionaich In tins unity lies the actiialiml unite of the state Only 111 means ot its niimotived diiectness on both its external and its nileinal side is tlie unity taken beyond the pos- sibiliti ot (leifiadatiou to the inllulness, ends, and news ot jiaiticulaiiti It IS thus leuioved also fiom the en- fec'blomeiit and oioithiow ol the functions of state and fiom Ihe stiuii'itle ot taction aicaiiist faction aiouud the thiouc Xotr — Biylit of Imtli and iis;ht of niheiitance constitute the basis of lecutimai i, not <is icifdicls positive i ii^ht moiely, but likeiMse iii the idea — Tliioiiub the self-deteiniined or iiatuial sill cession to the lacaut thume all factious dis- putes aie aioided This has iicjhtly hcen leckoned as one ot the adiaiilatfes ot inheiitance Howciei, it is only a conse(|ueii( e aiicl to assiefii it as a motive is to diaff majesli doiiii into the spheie of meie leasomnys The chaiacter of inajostv is tinmotived directness, and final self-involved existence To speak of grounds is to pio- pound as its basis not the idea of the state, which is internal to it, but something external in its natuie and alien, such as the thought of the well-being of the state Ol of the peojile By such a method inheiitance can indued be deduced tliiongh methi iermini, but there might be othei medii feiniiiii with quite other eoiisc- quences And it is only too well known what conse- 'HIE PHILOSOPHY OF lUOlir quences iiia\ be cliawii fiom the ivell-beinff of tlie i)ooi)le (salut dll peiqde) — Hence, pllllo!!<)l)b^ lenlmes tn (oiiteni- j)late majesty only in the mechmn of thoinjlit E%'ei \ othei method of inqmiy, exiejit the speLuhitive method of the infinite solf-<'iouiided idea, absolutely aniinls the nature of maiesty Pieelv to elect the iiionaich is icadilv taheii as the nio-st natni.'il'waj It is, elobelv allied to the iolloiiinq shalhnv thouf;ht — “Because it is the toiueiu and inti'ii'st of the peojile ivhich the monaiih has to piovide im, it must be lett to the people to choose ivhoni it mil depute to jnoiide foi them, and only out of su( h a commission ai ises the iif»ht ot siovoinimr ” Thisiieu as iiell as the idea that the monaich is chief-oflicei ol state and also the idea ot a contiact betuoen him and the peojde. pioieed fioin the will of the multitude, in the ioim ot nicliuatioii opinion and capiiee These news, as we lorn? ayo ieni,iiked, fiist make themselves pood, oi lathei seek to do so, in the cnn community They can make no headwai aqaiiist the principle of the f.imilv, still less that ot the st.ite, oi, m geneial, the idea of the cthnal si stem — Tliat tlie election of a uioiiaiih is the woist ot pioieediinrs iiiav be eieii In ratiocination detected m the consecjiieiices, winch to it appeal ouli as souiethmg possible oi jnobable, but aie iii fact ineiitable Thiough the lelation involved in tiee choice the paiticulai will giies the ultimate decision, and the constitution becomes a tiee-capitulatioii, th.it is, the abandonment ot the functions ot state to the discietioii ot the particular will The specific functions of state aie thus tiansformed into private propeity, and theie ensue the enfeeblement and injury of the sovereigntj- of the state, its internal dissolution and external overthrow Addition — ^If we are to appiehend the idea of the monaich, it is not sufiicient tor us to sai that God has established kings, since God has made eveiything, even the worst of things Noi can we pioceed veiy iai undei 'HIE STAIU tlie guidance of tlie piinuple of utility, since it is ahva\s 025611 to ijoint out disadvantages Just as little are ue helped by legaidiiig monaichy as positive light That I should have jiiopeity is neeessaiy, but tins S 2 iecitic jJos- sessioii IS accidental Accidental also ap25eais to be the right that one man should stand at the helm of state, if this right, too, be legaided as abstiact and positive But this light IS 25ieseiit absolutoli, both as a felt want and as a need of the thing it self A iiionaich is not remaikable for bodily strength or intellect, and \et millions permit themselves to be luled by hini To say that men peimit themselves to be governed coni lai j to their interests, ends, and iiiteiitioiis is jiicposteious, since men aie not so stupid It IS then need and the iniiei 2 'ouei oi the idea which uige them to this in op250sition to then semiiiiig consciousness, and letaiu tlnmi in this lelatiou Although the monaich comes ioiiiaid as summit and Ohseutial iaitoi ot the c ouslilutioii, it must be admitted that ill the constitution a coucjueied 2 >eo 2 )le is not identical ■vMtli the ['lime An ujiiisiiig otcuiiing in a 25ioTinte cou- queied in wai is ditteicnl tioiii a lehellioii in a well- organized state The coiiqueied aie not rising against then ])imce, and commit no ciinie against the state, be- cause they aie not joined iiitli then inastei in the intimate leiation ot the ide.i They do not come within the innei necessity of the coustitutiou In that case only a contiact IS to the foio, and not a slate-bond “ Je ne sitispas votie piuiLc, jc sais lotie mmtie” icqibed Najioleon to the delega- tion fiom Erfuit 282 Out of the sovereignty of the monaich flows the right of pardoning criminals Only to sovereignty belongs that realization ot the 25ower of the spirit, which consists in regarding what has hapx>eued as not having happened, and cancels ciime by forgiving and forgettmg Note — The light of paidou is one of the highest recogui- Jtious of the majesty ot spuit. This light belongs to the 'IIIE PHILOSOPHY OP UK. HI letiospectiie ii]iplie.ition of the character of aliij^hei spheic to a lower and anteiedcnt one — Similar.ipjilications aie found in the special sciences, iihich tieat ol ohiec ts in then empirical eiiMioiiment (§ 270, Jootnnfe) — It belon<'s to applications of this kind that iiiiuiv done to the state generally or to the soTcreignty, majesty, and peisoiiality ot the inmte, should fall undei the conception of ciiiiic, as it has alieady been discussed 95-102), and slioiild indeed be declaied to be a sjietifn ciiiiie ot the giavest character Addition — Paidon is the lemission of ]iuiii-li]iient, but docs not sujieisede light Eatliei light lemaiiis, and the jiaidoned is a ciiniinal as much aftei tlie paidoii as he was betore Pardon does not imply that no wiong has been committed Kemission of the penaJti may occui m religion, foi by and in spiiit what has occui led can be made not to have occtiiied But m so lai as leinissiou of penalty is completed in the w'oild, it has phuo only 111 majesty, and can be eftected only by its uumotived edict 283 The second oleiiieut contained in tlic luiniely func- tion IS that of paiticulaiity, iiiiolyiiig a detniite ion tent and the subsumption of it undci the iiniveisal In so fai as it leceives a particulai e\isleuce, it is the supienie council, and is coniiiosed of mdniduals They piesent to the monaicli foi liis decision the content of the affaiis, as they arise, and of the legal cases w hu h nccessai ilv spi in g out of actual wants Along with these tliev fuinish also then objective sides, namely, the grounds tor decision, the laws which bear on the case, the circumstances, etc As the in- dividuals who discharge this office have to do with the monan h’s immediate person, their appointment and dis- missal lie in his unlimited, free, arbitrary will 284 The objective side of decision, including knowledge ot the special content and circumstances, and the legal and other evidence, is alone responsible. It, that is to say, is HIE SIA'IE .ilone able to fuim&h pioof of ob-)ectivity It must, tbeic- loio, (.ome befoie a counal other than the personal will of the nionaich, as smh These touneils, advising boaids oi individual adviseis, aic alone auswoiable The peculiai majesty of tlie inouaich, as the final deciding sub]ectiTit\', IS exalted above all lesponsibility foi the acts of govein- ineiit 285 Tlie Hind olenieut of the piineely function contems the absoliitelv iiiiiieisal, which consists subjectively m the (oiisdeiice ol Hii' nioiiaicli, olijcctncly in the whole cou- shtulioii and the laws The pimcelv function piesupposes these othei elements pist as ninth as thev piesnppose it 28(5 The obieetne guarantee of the princely office, or the secniing of the lawtid sin eesSioii to the throne by m- lieiitaiicc, lies in Hie lact that, just as this office has a lealitv dislimt fuuii Hie othei elements deteimined bv leason, so (he oHieis hare also their independent and jiecubai iiyhts and duties Eveix member of a lational (Pigaiiisin while piesemiig itself m independence, pi eseives also Hie pet uluiiities ot the otheis Note — One ot the latei lesults of histoiy is such a modi- hcatioii ol the niouanhual loiistitiition that the succession to the till one is deteiiiiiiied In the law’ ot piiiiiogenituie. This IS, as it weie, a letiiiii to the patiiaichal jiiinciple, out of which this mode ot succession has histoiically aiisen, .ilHiougli it now beais the liighei form of an absolute pinnacle ot an oigaiiKallv developed state This lesult has a most siginhi ant bearing upon public liberty, and is one of the most important elements in a rational constitu- tion, although, as has already been observed, it is not so generally understood as it is lespected The earber and merely feudal luonarcliies, and despotism also, reveal m their history the alternation of levolutions, high-handed dealings of piinces, icboUion, overthrow of pimeely m- dmdiials and houses, and a general desolation and de- stiuction, luteiual aud external. The reason is that their 'IIIE PHILOSOPHY OF iUOHl division oE!>tato offiL‘e>, eutius>ted as they ivere to t.iis.iN pashas, etc, Ti asi onl\ ineihauRiil It was not a (li'.tnn - tion mheieut ni the cs'-ential chaiactei and toim hut one of merelv ^oeatei nr less 2iowei Accoidiii'rlv, caih jiait preservin'^ and prudutin'^ onU itself, did not piesene and produce the lest All the eleiiienrs weie thus Luinpleti 1 \ isolated aud independent In the oroamt relation, in 11111111 lueinhers, and notjiait'-, are related to one auotliei.eaih one pie^eiies theiest nliile fulfilhng its onn spheie The I'le^eiiatioii ot the i)tliei membeis is the substantial end and juudiut ol eadi mie m preseiiiui; itself The truaranties asked toi. he thevloi the stability of suceessiou, foi the stal»ilit\ ot the piiineh ofiice generallv, 01 for lustice and inihln hheili, aie secured in institutions Lom‘ of the i)e()])le, chaiaitei oaths, loice, etc, may be legaided as suhiective ifuaiaii- tees, but when ive sjieak of a constitution, we aie ennni;eil with only objective guaiantees institutions, 01 orttauKalh inteitwiued and selt-conditioued elements Thus, jjiildic tieedoni and hei editary su< cession aie mutual yuaiantees. and are absoluteh coiiiiecteJ Public liheiti is theiatioual constitution, and heieditaiy stucession ot the jnincely function lies, as has been shown, 111 the coiicejitiou ot the constitution B The E,eeriitire 287. Decision is to he distinuuisliud fioin its execution and aji^ihcation, and in general fiom the prosecution aud preseivation of what has been already resolved, namely, the existing laws, regulations, establishments for common ends, and the like. This busmess of subsumption or application IS undei taken by the executive, including the judiciaiy aud police It IB their duty directly to caie for each particulai thing in the cmc community, and in these private ends make to pievail the univeisal interest •IIIE SfAlE 288 Coinmou luteiests of piivate concoin occui \nthin the tiMC iouimunit\, and fall outside of the self-constituted and selE-( ontamed universal ot the state 2 “>6) They aie adinmisteied m the coiporations (§ 251; of the soiietieb, tiades, and luofi-ssioiis, l)v their superintendents and lepiesentcitnes The aflairs, oierseen hv them, aie tile [ui\ate piojieiti and inteiest of these paiticulai sjiheies, vhoce authoiiti depends upon the mutual trust ot the assodates, and uuifadiuiie in the securities Yet these cmles must he suhoidin.itc to the hiffher iiiteiest of the stall' Hence, iii hllini; these posts general!}, theie ■Mill 01 cm a mingling ot the choueot the interested parties iMtli the latificatioii ot a hnjliei autlioiity 289 To seeiiio the uuueisal inlerest ot the state and to preseire the Ian in tlic prm im e ot jiaitn ular nghts, and also to lead tliese lights hailc to the unneisal inteiest, lerjuue the attention ot suboidiiiates ot the executive These siihord mates aie on one side excciitii e of&cers and on the othei a lollege ot adiiseis These tuo meet together in the highest othccs ot all. uhicli aie lu contact with the monarch -Vote — The (nil (omumiiity is, as ue saw, the aiena foi the contest ot the pin ate luteiests ot all against all It is also the seat of battle lietueen prnato interest and the collective special inteiest, and likewise of hoth jirivate and collectne special inteiesfs with the highei standjioiut and order of the state The sjuiit oi the eoiporation, hegotten m the couise ot legulatmg the paiticular splieres, becomes by a process internal to itself converted into the spirit of the state It finds the state to he the means of preserving particulai ends This is the seciet of the patriotism of the citizens in one of its phases. The} aie aware that the state is their substantive being, because it preserves then particulai spheies, sustains then authoiit}, and considers then welfaie Since the spiiit of the eoiporation contains directly the riveting of the particular to the universal, it iiii: riiiiosopiiY OK nioiii pslubits tilt' (li'iith and btiengtli of tlie statu as it u\i‘<ts iii bentnueiit The ailiuiuistiatiQu of the busme&s of the eoijioiation through its own lopiosentatives is often clunisv, bucauai', while they sue and know then own poiuliai nituiu-ls and affairs, they do not discern the connection nith luiiiote conditions oi the univuisal st.iiidjmiiit Othei uluiiii'iits coiitiibiitu to this lusiilt, as. c </, an nitiniate jnivate lulation liutweuii the lujm-suiitativus and tliuir siibouli- nates Cm luiistaiuus olten tend to equalize tlicsu t«o classes winch aie in inani wais inutiially dejpun'Iunt This pecuhai teiiitoiv can be looked on as handed oec-i to the element of foimal fiecdoiii, in winch the knoi\li‘dei‘i ludgnient, and piiietiee of mdiiidnals, as also then small passions ami taucies, inav liaie loom to niestle mill one anothei This mai all the nioie easih hajipen the nioiu tinial fioni the iinneisal snle ot the state is the mis- managed affair, cs 2 A'eially when the nnsmanaireiiKnit stands of itself in dnect lelatioii to tin- -atistac turn ami oiniiiou, which aie deiived fiom it 290 In the business of the eceiutice also theie is a division of laboni (§ 198) The oiganized e\ei utne olhceis have theiefoie a foimal though difhcnlt task betoie them The lowei conciete cnil hie must be nc veined fiom below m a concrete nay And let the woik must be diiidi'd into its abstiact blanches, specially othieied In nnddli'iiien, whose actiMtv in i onnection with thosi* below them nnist irom the lowest to the highest executive oflices take the toim of a continuous concrete ovei sight Addihon — The mam iiomt winch cioijs uji iii connection with the executive is the division of oflices Tins division IS concerned with the tiansition fiom the umveisal to the paiticulai and singulai, and the business is to be elmdud accoiding to the different branches The difficulty is that the diftoioiit functions, the uifeiioi and snpeiior, must xvoik in harmony The jiolice and the judiciary jnoiccil 'ini: si-Vii each on it^ ov,q couiio, Jt tine, Imt they jet m some ofiice 01 oihei meet ai'ani The moans used to effect this (.onjuiictioii otten toiisisls in ajipomtiug the chancelloi ot state and the piiinc inmistei, niiuisteis in council The inattei is thus sini]jhted on ils ujijiei side In this wav also cveiy tinny; issues tioiu above out of the ministerial powei, and husuiess is, as thei »a\. leutializcd With this aie associated tlie yieatest possible despatch and efliLiencv m ie«aid to what mas aftect the universal iiileiests ot state Tins /x/oio was introduced bj' the Pieuch Eesolutiou, des eloped bj Na[)oleon and in Fiance IS found to tills das But Flame, on the othei hand, has iieithci coipoiatious iioi couiiuuues, that is to saj, tin- splieie in ssliidi jiaitniilai and s'cneial mtciests coincide In the Middle Ayes this spheie had acijuired too "leat an independence Then theie ss'eie states within the state, ss'ho persisted 111 heli.isnii; as it thes ss'eie self-suhsisteut bodies Tliouyh this ouyht not to ocini, set the pecuhui stieiiyth ot st.iles lies m the comimunt les Heie the gos ein- meiit meets \ested iiiteiests, ssdiich must he respected bv It These niteiesto aie inspected, and inaj he assisted hj the ooseiiiineut Thus the iiidmdual hnds protection in the exeicise ot Ins lights, and so atladies Ins paiticulai luteiest to the piesei \ atioii ot the svhole Foi some time jiast the duet task has lieen that of oieaiii/atiou earned on fiom above sshile the losvei and bulky jiait of the whole ■ssas leadils lelt nioie oi lo'-s nuoigaiiized Yet it is of high luijjoi taiice that it also should be oigaiiized, because only as an oigauisni is it a ]>o\sei oi foice. Othei-wise it IS a mcie heaji oi mass ot hioken bits An autlioiitatise powei is toiind onlv in the oigainc condition of the pai- ticular spheies 291 Tlui offaces of the e\ecutisc aie of an objective natuie, is Inch is.ihead v mdejiendeutlv maiked out in accordance with then substance (§ 287) Thej' are at the same time conducted by individuals. Between the objective 'HIE PHILOSOPHY OF BIO II I' element and nidividnals tlieio is no direct, iiatnial roii- iiecting tie Hence individuals,uc not set aside ioi lliese offices by uatiiial pcisoualitv oi bv luith Theie is lequued in tbein tlie obiectiio clement, iiaincdv, knowledi'e and proof of titiiess Tins juoof nnaiantees to the state nlitit it needs, and, as it is tbo sole (oiidilion, makes it jiossiblo for any citizen to devote liimselt to the nniieisal ilass 292 The snb^ectiie side is loiiiid in this, that out ot many one individual must he clioseii, and einpoweied to discharge the office Sime in this case the obp'etiie clement does not he ni genms, as it docs in ait, the niiinhei ot persons fiom whom the selection may be made is iii'ccs- sarily indefinite, and wboin finalh to piefei is bejoiul the possibilitv of absolute detcimuiation The imictiou of individual and office, two phases iihosi' lelatiou is ahiais accidental, devolves ni>ou the piinccdv poicei as deiisiie and soioieigu 293 The jiaiticiilar statc-bu&iiicss, which monaichy tiausfeis to executive o&ccis, constitutes the ohieitue Bide of the soieieignty iiihcient iii tlio inonaich The distinguishing foatuic of this stcite-hiisiness is found 111 the natuie ol its mattei Just as the ivctmtv of the autlioiities IS the dischaige of a diiti, so then office is not suh-|ect to chance but a right 294 The individual, who bv the iict of the soveieign (■§ 292) IS given an official vocation, holds it on the condition that he dischaigos Ins duty, winch is the sub- stantive factor in his lelation ISy viitue of tins factor the individual finds in his official employment his livelihood and the assured satisfaction of his particularity (§ 264), and in his external surroundings and official activity is flee fiom subjective dependence and influences Note — The state cannot rely upon service which is capricious and voluntary, such, for example, as the ad- iiiinistiation of justice by knights-errant This service leseives to itself the right to act in accordance with suh- 'Jin: srATi:.
jective views, and also the iijjht to withhold itself at will, or to realize subiective ends The opposite extieineto the hnight'Ciiant in reference to pnblic semce would be the act of the jiublic seivant, ivho was attached to liis eniploy- ineiit iiieiel}' liy want, without tine duty oi right The public scivice icquiiea the sacrifice of independent selt-satislactioii at one’s jileasiiie, and grants the right of finding satistaition in the peifoimaiico of duty, but no- nlieie else Heie is lonnd the eoiiiunction of universal and paiticulai iiitcicsts, a union which constitutes the toiiceiition and the inteinal stabilitv of the state (§ 260) Ofiicial position IS not based upon contract (§ 75 ), although it involves the (oiisent of the two sides and also a double ])eilomiaiice The piihlu servant is not called to a single chance act of scnice, as is the attorney, but finds 111 ills W'oik the iiiaiii inteiest of both his spiritual and his jiaiticulai cMsteiKc So also it is not a matter merely estcinal and pailnulai, the poifoiniaiice of which is iii- tiiisted to him The laliu* of siuh <i matter on its inner side IS ditteicut tioui the evteinabtv of it, and thus isnot as yet iiinned, as a stijiulation is (§ 77), merely by non- jieitoitiiaucc Tliat which the public seivant lias to per- loi in IS as it stands of alisoluto value Hence positive injury oi iion-jieiloiiuauce, eithei being opposed to the essence of service is a wioiig to the iinivoiSiil content (§ 95, a nega- tivo-iiihiiite ju(lynient), and tlieicfoie a fault or crime The assuied satisfaction of particular want does away with external need There is no occasion to seek the means for alleviating want at the cost of official activity and duty In the universal function of state those who are commissioned with the affairs of state are protected also against the other subjective side, the private passion of subjects, whose private interests, etc, may be injured by the furtherance of the universal 295 Seciiiity for the state and its subjects against mis- use of power by the authorities and their officers is found IIIL I’HILOSfU'lIY Ol KK.ill diietth lu then lesponsiihility aiiaiu" out of then Uiituie.l^ a hieiaich} But it la.iKofounrl lu the Icifitimiite aodotio ami coipiuatioua The v hold m < hetk the inflou of auli- lectiie MilfulueaS) mto the pouei ot the ofliiera The} aho supplenieut fiom below the coiitio] tunn aboie who h camiut leaih down to the coudm t oi mdividuah Xofe — la the touduLt and ihaiaitei of the ofhieia the laws and deLiaiona ot ooveiuiueul toiii h iiiilividuahtt, anil aie given reality On thia deywiid the satialai tiou and confidence of the citizens in the goieiiiineiit On this aho depeiida the e\e(utiou ot the ccoieiuinciit a mtiiitioiis oi else the weakemiic; and fiiistiation ot them sinie the niannci in ivliuli the intention is lealized is In seiiMluhn and sentinient easily estimated inoie hiohU tluiu the ait itself even though it be a tax It is due to this dnei t and pel sonal contact that the coutiol iioin above mat lucoin- jiletely attain its cud This end iiia} find an olistaile in the common mteiest of the ofhcial clas^ uhnh is distinif fiom both suliieits and supeiiois Espeiialli uheii in- stitutions aie peihaps not yetpeiieited thelnglui intei- leieuie of soveien^ni} ioi the lennnal ol these hnnliainos (as foi exaiui'le that ot Fiiedinhll in the laiiioiis Mnlh i- Aiiiold affaii; is dunianded and ]ustifae(l 296 IV'lietliei oi uoiiitegiiti ot loiidiict, eeutleiiess, and fieeduin fiom passion pass into social custom dejieiids upon the nature of ihe diicct ethiiiil hie and tliought These phases of chaiactci inaiutam the spnitnal halame mei against the ineieh iiieutal acipiisitioii oi the so-called seieuces, dealing with the objects of these spheres of govern- ment, against also the necessarv piactice of business, and the actual labour of mecbanieal and other tiadus The great- ness of the stale is also a contiollmg element, hi viitue of winch the importance of family relations and othei jiiivate ties IS diminished, and revenge, hate, and the hlce jiassious become mopeiativo and poweiless In comern foi the gieat interests of a large state, these subjective elements THE SI ATE smk out of sight, Audtheic is piodncod ah habitual regard for uuiveisal mteiests aud afiaiis 297 The muinbei s ot the execiitno and the state officials constitute the iiiain pait of the middle class, in uhicli arc found the educated mtelligeucc and the consciousness of light of the mass of a jicojile The institutions of soveieignty operating fioni above aud the lights of corpora- tions f 10111 beloiv pieient this class liom occupying the position of ail exclusive aiislwiaci and usmg then educa- tion aud skill Mil lull}' and despoticalK Note — At one time tlie adiuiuistiation of justice, mIiosc object IS the peculiai iiiteiest ot all individuals, had been conveited into an instiument ot g.iin aud desjDotism The Imon ledge of laiv iias con< exiled iindei a pedantic oi foieign speech, and the knowledge oi legal jnoceduie imdei an in- volved toiiiialisni Addition — The state’s consciousness and the most con- spicuous education aic found in the middle class, to ■ndiicli the state otlaials belong The nieinbeis of this class, theiefoie, foini the jiilkus of the state in legard to lecti- tude and mtelhgonce The state, il i1 has no middle class, IS still at a loiv stage oi del elopiueiit In Russia, foi example, theie is a multitude ot seifs aud a host of rulers It IS of gieat coucciu to the state that a middle class should be foiiiied, but tins cau be ettected only in an oigamzation such as we have dcsciibed, nameh, bv the legalization of paiticulai tildes, ulucli aie lelatneh independent, and bj a foicc ot officials, ii Iiose wiliuluess has no power ovei these legalized ciicles Action in accoi dance with universal light, and the habit of such action, aic consequences of the oppo- sition produced h\ these self-reliant independent circles C Tlie Legislatvi e 298 Tlie legislatnie inteijuets the laws and also those intcinal affaiis oi the state ivliose content is universal This function is itself a part of the constitution In it the X I in: PiiiLOSopiiv of rigiii.
constitution i'. piesniiposetl, and so fai lies absolntelv be- yond diiect delimitation Yet it leceires develojmient in tbe iinpi oveineut of the law-, and the ](iO"ressive thaiaitei of the nnnt'i'sal afttui^. of iroveimnent Adchiioii — The Lonstitiilioii must uiiqiiestiouabh be the solid uroiind, on whiLh the leiiislatino stands Hian e the piime essential is not to set to ivork to make a coiwlitiition It e\ists blit let it ladicalh beionies, that is, it is toimed ])iO£;ressivelv Tins pioqiess is an alteiatioii iihnh is not noticed, and has not the loiin of an <illeiation Poi example, the wealth of jiiiiiees ami tlieii laniilies iias at first a pi ivatc jiossessiou in Gei inaiiv, tlieii, ii it hoiit aiii stiii£?"le 01 ojiiiosition it was com ei tod into domains, that IS, state wealth This came about thioinrh tbe jninces feclinq the need of an nndnided possession and demanding fiom the fonntiv, and the landed classes cfcneialh, secinitv foi the same Theic was in this way deielojied a kind of possession, over i\ Inch the piinces had no lomrei the sole disposition In a smiilai •nai,1he cnipeioi was toinieily liid<?o and tiai died about in Ins kniydom crninn tlie law Tliiouiih the meidv sccmnit; oi oxteinal tnoctioss ot civili- zation. it has bciome neccssaiv that the einjieioi should moie and iiioie dolecrate tins ofiice of pidqe to otheis Thus the ludicial function passed liom the pel son of the i>iince to colleaqnes So the piOLjiess of anv condition of llmnjsis a seemnii’ly calm and niinoticecl one In the lapse of time a constitution attains a jiositioii cpnte otliei than it had befoie 299 These objects are defined in lefeienceto individuals nioio pieciselv in two wavs, (a) what of good comes to in- dividuals to enjoy at the haii'is of the state, and (ft) what they must perfoi m for the slate The first division em- biaees the laws of private light in general, also the rights of societies and corpoiatioiis To these must lie added iiniveisal institutions, and iiicbiectlv (§ 298) the uhole ot the ( onstitution But that which, on the othui hand, is to •IIIE STA'IE.
be performed, is i educed to money ds the existing universal value of things and sei vices Hence, it can be determined only 111 so ecpiitable a wav that the paiticulai lasts and sei vices, which the individual (dii peifoim, may be effected by his piivate icill Xofc — The obiect-mattei of nniieisal legislation may be in gcneial distnigmshed fiom that of the administiative and eveeutivc' fumtions in (liis wav Only what is wholly linn ei sal ni its eoiiteiil f,ills iiiidei legislation, while iidimnistiation de.ils with the paiticular and also the special nay of caiiyiiig it out Hut tins distinction is not absolute, since the law, as it is a law, and not a mere gonei al coinraaiid such as “Thou shall not kill” (§ 140, «o/e, ]) 1-12), must be m itself definite, and the more definite it is, tlie inoie neailv its content approaches the possibilitv of being earned out as it is But at the same tune sin li a complete settlement of the laws would give them an ciiipiiKal side, which in actual execution would make tlic-m suli](Ht to.ilteiatiou This would be detimieiital to then chaiailei as laws The organic unitv of the functions of state implies that one single spirit both fixes the iiatuie of the* unn-ois.il and also camesit out to its definite lealitv It niav occur that the state lacs no direct elaim upon the m.inv kinds of skill, possessions talents, faculties, with the manifold iieisonal Health which is contained in them and IS tinged with snlr|ettivo sentiment, but only upon that form of wealth which appears as money — The services referrmg to the defence of the state against enemies belong to the dutv discussed in the next section of this treatise Money is, in fact, not a special kind of wealth, but the umveisal element in all kinds, in so far as they in pro- duction are given such an external leality as can be appre- hended as an ob-iect Only at this external point of view is it possible and iiist to estimate performances quanfita- tivdy.
'iiij: PHILOSOPHY of iugiit