UNREALITY OF LAW AND REALITY OF EXECUTION. FUNCTION OF LAW IN THE PRACTICAL SPIRIT
Law as abstract and unreal volition—Ineffectually of laws and effectuality of practical principles—Exemplificatory explanation—Doctrines against the utility of laws—Their unmaintainability—Unmaintainability of confutations of them—Empirical meaning of these controversies—Necessity of laws—Laws as preparation for action—Analogy between practical and theoretical Spirit: practical laws and empirical concepts—The promotion of order in reality and in representation—Origin of the concept of plan or design.
[IV] 511
CONFUSION BETWEEN LAWS AND PRACTICAL PRINCIPLES. CRITIQUE OF PRACTICAL LEGALISM AND OF JESUITIC MORALITY
Transformation of principles into practical laws: legalism—Genesis of the concept of the practically licit and indifferent—Its consequence: the arbitrary—Ethical legalism as a simple special case of the practical—Critique of the practically indifferent—Contests of rigorists and of latitudinarians and their common error—Jesuitic morality as doctrine of fraud on moral law—Concept of legal fraud—Absurdity of fraud against oneself and against the moral conscience—Jesuitic morality not explainable by mere legalism—Jesuitic morality as alliance of legalism with theological utilitarianism—Distinction between Jesuitic practice and doctrine.
[V] 526
JUDICIAL ACTIVITY AS GENERICALLY PRACTICAL ACTIVITY (ECONOMIC)
Legislative activity as generically practical—Vanity of disputes as to the character of institutions, whether economic or ethical: punishment, marriage, State, etc.—Legislative activity as economic—Judicial activity: its economic character: its consequent identity with economic activity—Non-recognition of economic form, and meaning of the problem as to distinction between morality and rights—Theories of co-action and of exteriority, as distinctive characteristics: critique of them—Moralistic theories of rights: critique—Duality of positive and ideal rights, historical and natural rights, etc.; absurd attempts at unification and co-ordination—Value of all these attempts as confused glimpse of amoral character of rights—Confirmations of this character in ingenuous conscience—Comparison between rights and language. Grammar and codes—Logic and language; morality and rights—History of language as literary and artistic history—History of rights as political and social history.
[VI] 543
HISTORICAL NOTES