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the injured party； the injured universal now comes on the scene； and this has its
proper actuality in the court of law。 It takes over the pursuit and the avenging of
crime； and this pursuit consequently ceases to be the subjective and contingent
retribution of revenge and is transformed into the genuine reconciliation of right
with itself； i。e。 into punishment。 Objectively； this is the reconciliation of the law
with itself； by the annulment of the crime； the law is restored and its authority is
thereby actualised。 Subjectively； it is the reconciliation of the criminal with
himself； i。e。 with the law known by him as his own and as valid for him and his
protection； when this law is executed upon him； he himself finds in this process
the satisfaction of justice and nothing save his own act。
§ 221。
A member of civil society has the right in judicio stare and； correspondingly； the
duty of acknowledging the jurisdiction of the court and accepting its decision as
final when his own rights are in dispute。
Addition： Since any individual has the right in judicio stare； he must also know what the law is
or otherwise this privilege would be useless to him。 But it is also his duty to stand his trial。 Under
the feudal system； the nobles often refused to stand their trial。 They defied the court and alleged
that the court was wrong to demand their appearance。 Feudal conditions； however； contravened
the very idea of a court。 Nowadays monarchs have to recognise the jurisdiction of the court in
their private affairs； and in free states they commonly lose their case。
§ 222。
In court the specific character which rightness acquires is that it must be
demonstrable。 When parties go to law； they are put in the position of having to
make good their evidence and their claims and to make the judge acquainted with
the facts。 These steps in a legal process are themselves rights； and their course
must therefore be fixed by law。 They also constitute an essential part of
jurisprudence。
Addition： A man may be indignant if a right which he knows he has is refused him because he
cannot prove it。 But if I have a right； it must at the same time be a right posited in law。 I must be
able to explain and prove it； and its validity can only be recognised in society if its rightness in
principle is also made a posited rightness in law。
§ 223。
These steps in a legal process are subdivided continually within no fixed limits
into more and more actions； each being distinct in itself and a right。 Hence a legal
process； in； itself in any case a means； now begins to be something external to its
end and contrasted with it。 This long course of formalities is a right of the parties
at law and they have the right to traverse it from beginning to end。 Still； it may be
turned into an evil； and even an instrument of wrong； and for this reason it is by
law made the duty of the parties to submit themselves to the simple process of
arbitration （before a tribunal of arbitrators） and to the attempt to reconcile their
differences out of court； in order that they — and right itself； as the substance of
the thing and so the thing really at issue may be protected against legal processes
and their misuse。
Remark： Equity involves a departure from formal rights owing to moral or other considerations
and is concerned primarily with the content of the lawsuit。 A court of equity； however； comes to
mean a court which decides in a single case without insisting on the formalities of a legal process
or； in particular； on the objective evidence which the letter of the law may require。 Further； it
decides on the merits of the single case as a unique one； not with a view to disposing of it in such a
way as to create a binding legal precedent for the future。
§ 224。
Amongst the rights of the subjective consciousness are not only the publication of
the laws （see § 215） but also the possibility of ascertaining the actualisation of the
law in a particular case （the course of the proceedings； the legal argument； &c。）
— i。e。 the publicity of judicial proceedings。 The reason for this is that a trial is
implicitly an event of universal validity； and although the particular content of the
action affects the interests of the parties alone； its universal content； i。e。 the right
at issue and the judgment thereon； affects the interests of everybody。
Remark： If the members of the bench deliberate amongst themselves about the judgment which
they are to deliver； such deliberations express opinions and views still personal and so naturally are
not public。
Addition： It is straightforward common sense to hold that the publicity of legal proceedings is
right and just。 A strong reason against such publicity has always been the rank of justices； they are
unwilling to sit in public and they regard themselves as a sanctuary of law which laymen are not to
enter。 But an integral part of justice is the confidence which citizens have in it； and it is this which
requires that proceedings shall be public。 The right of publicity depends on the fact that （i） the aim
of the court is justice； which as universal falls under the cognisance of everyone； and （ii） it is
through publicity that the citizens become convinced that the judgment was actually just。
§ 225。
By the judgment of the court； the law is applied to a single case； and the work of
judgment has two distinct aspects： first； ascertainment of the nature of the case as
a unique； single； occurrence （e。g。 whether a contract； &c。； &c。； has been made；
whether a trespass has been committed； and if so by whom） and； in criminal
cases； reflection to determine the essential； criminal； — character of the deed （see
Remark to § 119）； secondly； the subsumption of the case under the law that right
must be restored。 Punishment in criminal cases is a conception falling under this
law。 Decisions on these two different aspects are given by different functionaries。
Remark： In the Roman judicial system； this distinction of functions appeared in that the Praetor
pronounced judgment on the assumption that the facts were so and so； and then appointed a
special judex to inquire into the facts。
In English law； it is left to the insight or option of the prosecutor to determine the precise character
of a criminal act （e。g。 whether it is murder or manslaughter） and the court is powerless to alter the
indictment if it finds the prosecutor’s choice wrong。
§ 226。
First； the conduct of the entire process of inquiry； secondly； the detailed stages of
the action between the parties （these stages themselves being rights — see § 222）；
and then also the second of the aspects of the work of judgment mentioned in the
previous Paragraph； are all a task which properly belongs to the judge at law。 He
is the organ of the law； and the case must be ‘prepared for him in such a way as
to make possible its subsumption founder some principle； that is to say； it must be
stripped of its 。appa