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philosophy of right-第3章

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§ 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 is acquired through working。 
§ 198 Division of labour makes men dependent on one another; labour more & more mechanical;
until machines take their place。 

_____(c) Capital and Class Divisions 
§ 199 Subjective self…seeking turns into a contribution to the satisfaction of the needs of everyone
else。 
§ 200 Differences in wealth are conspicuous and their inevitable consequence is disparities of
resources & ability。 
§ 201 The entire complex is built up into particular systems of needs; means; and types of work;
into class…divisions。 
§ 202 'a' The substantial or immediate class; 'b' the reflecting or formal class; & 'c' the
universal class。 
§ 203 'a' The Agricultural Class。 
§ 204 'b' The Business Class。 
§ 205 'c' The Universal Class 'the civil service'。 
§ 206 The class to which an individual is to belong depends on natural capacity; birth; and other
circumstances。 
§ 207 In this class system; the ethical frame of mind therefore is rectitude and esprit de corps。 
§ 208 Right has attained its recognised actuality as the protection of property through the
administration of justice。 

___B。 The Administration of Justice 
§ 209 Education makes abstract right something universally recognised and having an objective
validity。 
§ 210 The objective actuality of the right consists in its being known & in its possessing the
power of the actual。 

_____(a) Right as Law 
§ 211 The principle of rightness becomes the law when thinking makes it known as what is right
and valid。 
§ 212 There may be a discrepancy between the content of the law and the principle of rightness。 
§ 213 The endlessly growing complexity and subdivision of social ties and the different species of
property and contract。 
§ 214 In the interest of getting something done; there is a place within that limit for contingent and
arbitrary decisions。 

_____(b) Law as Determinately Existing 
§ 215 If laws are to have a binding force; then they must be made universally known。 
§ 216 Simple laws are required; but the nature of the material leads to the further determining of
laws ad infinitum。 
§ 217 My individual right now becomes embodied in the existent will and knowledge of
everyone。 
§ 218 The fact that society has become strong and sure of itself leads to a mitigation of its
punishment。 

_____(c) The Court of Justice 
§ 219 Law is something on its own account; and something universal; the business of a public
authority。 
§ 220 No act of revenge is justified。 
§ 221 A member of civil society must acknowledge the jurisdiction of the court and accept its
decision as final。 
§ 222 In court the specific character which rightness acquires is that it must be demonstrable。 
§ 223 The long course of formalities is a right of the parties at law。 
§ 224 The publicity of judicial proceedings。 
§ 225 Whether a trespass has been committed and if so by whom; and the restoration of right。 
§ 226 The judge。 
§ 227 Judgment on the facts lies in the last resort with subjective convict
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