philosophy of right-第2节
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§ 94 Abstract right is a right to coerce。
§ 95 The sphere of criminal law。
§ 96 It makes a difference to the objective aspect of crime whether the will is injured throughout
its entire extent。
§ 97 Right actualised。
§ 98 Compensation。
§ 99 To penalise the criminal is to annul the crime and to restore the right。
§ 100 The criminal's action is the action of a rational being。
§ 101 The annulment of the crime is retribution。
§ 102 The annulling of crime in this sphere where right is immediate is principally revenge。
§ 103 The demand for a justice freed from subjective interest has emerged in the course of this
movement itself。
§ 104 The Transition from Right to Morality。
SECTION TWO: Morality
§ 105 The standpoint of morality is the standpoint of the will which is infinite not merely in itself
but for itself。
§ 106 Only in the will as subjective can freedom be actual。
§ 107 The moral standpoint therefore takes shape as the right of the subjective Will。
§ 108 The subjective will; directly aware of itself; is therefore abstract; restricted; and formal。
§ 109 The opposition of subjectivity and objectivity; and the activity related to this opposition。
§ 110 (a) My subjectivity is not merely my inner purpose; but has acquired outward existence。
§ 111 (b) The subjective will may not be adequate to the concept。
§ 112 (c) But the external subjectivity which is thus identical with me is the will of others。
§ 113 The externalisation of the subjective or moral will is action。
§ 114 Purpose; Intention & Good。
I: Purpose
§ 115 The deed sets up an alteration in this state of affairs confronting the will。
§ 116 It is not my own doing if damage is caused to others by things I own。
§ 117 The deed can be imputed to me only if my will is responsible for it。
§ 118 Action has a multitude of consequences。
II: Intention
§ 119 Purpose comprises that universal side of the action; i。e。 the intention。
§ 120 The right of intention is that the universal quality of the action shall be known by the agent。
§ 121 The subject's end is the soul of the action and determines its character。
§ 122 In contrast with this end the direct character of the action is reduced to a means。
§ 123 The satisfaction of needs; inclinations; passions; opinions; fancies; &c。 is welfare or
happiness。
§ 124 The view that objective and subjective ends are mutually exclusive; is an empty dogmatism。
§ 125 The welfare of many other unspecified particulars is thus also an essential end and right of
subjectivity。
§ 126 An intention to secure my welfare or that of others cannot justify an action which is wrong。
§ 127 In extreme danger and in conflict with the rightful property of someone else; this life may
claim a right of distress。
§ 128 Good & Conscience。
III: Good & Conscience
§ 129 The good is the Idea as the unity of the concept of the will with the particular will。
§ 130 Welfare without right is not a good。
§ 131 The subjective will has value and dignity only in so far as its insight and intention accord
with the good。
§ 132 An action is right or wrong; good or evil according to its knowledge of the worth the
action in objectivity。
§ 133 Duty。
§ 134 Do the right; and strive after welfare; one's own welfare; and the welfare of others。
§ 135 The sphere of duty。
§ 136 Conscience。
§ 137 The union of subjective knowing with objective principles and duties; is not present until
the ethical life。
§ 138 This subjectivity remains the power to judge what is good in respect of any content。
§ 139 Once self…consciousness has reduced duties to the inwardness of the will; it has become
potentially evil。
§ 140 To impose on others is hypocrisy; while to impose on oneself is a stage beyond hypocrisy。
§ 141 Transition from Morality to Ethical Life。
SECTION THREE: Ethical Life
§ 142 Thus ethical life is the concept of freedom developed into the existing world and the nature
of self…consciousness。
§ 143 The concept of the will and the particular will each is in its own eyes the totality of the Idea。
§ 144 'a' The objective ethical order is absolutely valid laws and institutions。
§ 145 That the ethical order is the system of specific determinations of the Idea constitutes its
rationality。
§ 146 'b' This is an absolute authority and power infinitely more firmly established than the being
of nature。
§ 147 On the other hand; they are not something alien to the subject。
§ 148 The individual is related to these laws and institutions as to the substance of his own being。
§ 149 In duty the individual acquires his substantive freedom。
§ 150 Virtue is the ethical order reflected in the individual character。
§ 151 Ethical life appears as custom; and the substance of mind thus exists now for the first time
as mind。
§ 152 The individual knows that his particular ends are grounded in this same universal。
§ 153 In an ethical order individuals are actually in possession of their own inner universality。
§ 154 The right of individuals to their particular satisfaction is also contained in the ethical
substantial order。
§ 155 In this identity of the universal will with the particular will; right and duty coalesce。
§ 156 The ethical substance is the actual mind of a family and a nation。
§ 157 Family; Civil Society & the State。
I: The Family
§ 158 The family; as the immediate substantiality of mind; is specifically characterised by love。
§ 159 The right which the individual enjoys takes on the form of right only when the family begins
to dissolve。
§ 160 Marriage; Family Property & Children and the Dissolution of the Family。
___A: Marriage
§ 161 Marriage is the immediate type of ethical relationship。
§ 162 The objective source of Marriage lies in the free consent of the persons。
§ 163 The ethical aspect of marriage consists in the parties' consciousness of this unity as their
substantive aim。
§ 164 The knot is tied and made ethical only after this ceremony。
§ 165 The difference in the physical characteristics of the two sexes has a rational basis。
§ 166 One sex is mind in its self…diremption; the other is mind in unity as knowledge and volition。
§ 167 Marriage is monogamy because it is personality which enters into this tie。
§ 168 Marriage ought not to be entered by two people identical in stock who are already
acquainted。
§ 169 The family; as person; has its real external existence in property。
___B: The Family Capital
§ 170 A family requires; not merely property; but possessions specifically determined as
permanent and secure。
§ 171 The family as a legal entity in relation to others must be represented by the husband as its
head。
§ 172 A marriage brings into being a new family; independent of the clans from which it has been
drawn。
___C: The Education of Children and the Dissolution of the Family
§ 173 It is only in the children that the unity of the family exists externally。
§ 174 Children have the right to maintenance and education at the expense of the family's capital。
§ 175 Children are potentially free and their life embodies nothing save potential freedom。
§ 176 Marriage is but the ethical Idea in its immediacy。
§ 177 Once the children have come of age; they become recognised as persons。
§ 178 The dissolution of the family by the death of the father; has inheritance as its consequence。
§ 179 A man may at will squander his capital altogether。
§ 180 The members of the family grow up to be self…subsistent。
§ 181 Transition of the Family into Civil Society。
II: Civil Society
§ 182 The concrete person finds satisfaction by means of others; and at the same time by means
of universality。
§ 183 The livelihood; happiness; and rights of one is interwoven with the livelihood; happiness;
and rights of all。
§ 184 The system of the ethical order constitutes the Idea's abstract moment; its moment of
reality。
§ 185 Particularity destroys itself and its substantive concept in this process of gratification。
§ 186 Particularity passes over into universality; and attains its truth not as freedom but as
necessity。
§ 187 Private ends are mediated through the universal which thus appears as a means。
§ 188 The System of Needs; the Administration of Justice and the Public Authority & the
Corporation。
___A。 The System of Needs
§ 189 Need is satisfied in the product of others; and labour; the middle term between subjective
& objective。
_____(a) The Kind of Need and Satisfaction
§ 190 The multiplication of needs and means of satisfying them。
§ 191 The means to particularised needs and the ways of satisfying these are divided and
multiplied。
§ 192 Universality makes concrete; i。e。 social; the isolated and abstract needs and their ways of
satisfaction。
§ 193 The need for equality and for emulation becomes a fruitful source of the multiplication of
needs。
§ 194 The strict natural necessity of need is obscured。
§ 195 Luxury。
_____(b) The Kind of Labour
§ 196 Labour confers value on means and gives them their utility。
§ 197 Theoretical education develops; and practical education i