§ 494. Thus in the stipulation we have the substantial being of the contract standing out in distinction from its real utterance in the performance, which is brought down to a mere sequel. In this way there is put into the thing or performance a distinction between its immediate specific quality and its substantial being or value, meaning by value the quantitative terms into which that qualitative feature has been translated. One piece of property is thus made comparable with another, and may be made equivalent to a thing which is (in quality) wholly heterogeneous. It is thus treated in general as an abstract, universal thing or commodity.
§ 495. The contract, as an agreement which has a voluntary origin and deals with a casual commodity, involves at the same time the giving to this “accidental” will a positive fixity. This will may just as well not be conformable to law (right), and, in that case, produces a wrong: by which however the absolute law (right) is not superseded, but only a relationship originated of right to wrong.
(c) Right versus Wrong.
§ 496. Law (right) considered as the realisation of liberty in externals, breaks up into a multiplicity of relations to this external sphere and to other persons (§§ [491], [493] seqq.). In this way there are (1) several titles or grounds at law, of which (seeing that property both on the personal and the real side is exclusively individual) only one is the right, but which, because they face each other, each and all are invested with a show [pg 110] of right, against which the former is defined as the intrinsically right.
§ 497. Now so long as (compared against this show) the one intrinsically right, still presumed identical with the several titles, is affirmed, willed, and recognised, the only diversity lies in this, that the special thing is subsumed under the one law or right by the particular will of these several persons. This is naïve, non-malicious wrong. Such wrong in the several claimants is a simple negative judgment, expressing the civil suit. To settle it there is required a third judgment, which, as the judgment of the intrinsically right, is disinterested, and a power of giving the one right existence as against that semblance.
§ 498. But (2) if the semblance of right is willed as such against right intrinsical by the particular will, which thus becomes wicked, then the external recognition of right is separated from the right's true value; and while the former only is respected, the latter is violated. This gives the wrong of fraud—the infinite judgment as identical (§ 173),—where the nominal relation is retained, but the sterling value is let slip.
§ 499. (3) Finally, the particular will sets itself in opposition to the intrinsic right by negating that right itself as well as its recognition or semblance. [Here there is a negatively infinite judgment (§ 173) in which there is denied the class as a whole, and not merely the particular mode—in this case the apparent recognition.] Thus the will is violently wicked, and commits a crime.
§ 500. As an outrage on right, such an action is essentially and actually null. In it the agent, as a volitional and intelligent being, sets up a law—a law however which is nominal and recognised by him only—a universal which holds good for him, and under which [pg 111] he has at the same time subsumed himself by his action. To display the nullity of such an act, to carry out simultaneously this nominal law and the intrinsic right, in the first instance by means of a subjective individual will, is the work of Revenge. But, revenge, starting from the interest of an immediate particular personality, is at the same time only a new outrage; and so on without end. This progression, like the last, abolishes itself in a third judgment, which is disinterested—punishment.
§ 501. The instrumentality by which authority is given to intrinsic right is (α) that a particular will, that of the judge, being conformable to the right, has an interest to turn against the crime (—which in the first instance, in revenge, is a matter of chance), and (β) that an executive power (also in the first instance casual) negates the negation of right that was created by the criminal. This negation of right has its existence in the will of the criminal; and consequently revenge or punishment directs itself against the person or property of the criminal and exercises coercion upon him. It is in this legal sphere that coercion in general has possible scope,—compulsion against the thing, in seizing and maintaining it against another's seizure: for in this sphere the will has its existence immediately in externals as such, or in corporeity, and can be seized only in this quarter. But more than possible compulsion is not, so long as I can withdraw myself as free from every mode of existence, even from the range of all existence, i.e. from life. It is legal only as abolishing a first and original compulsion.
§ 502. A distinction has thus emerged between the law (right) and the subjective will. The “reality” of right, which the personal will in the first instance gives itself in immediate wise, is seen to be due to the [pg 112] instrumentality of the subjective will,—whose influence as on one hand it gives existence to the essential right, so may on the other cut itself off from and oppose itself to it. Conversely, the claim of the subjective will to be in this abstraction a power over the law of right is null and empty of itself: it gets truth and reality essentially only so far as that will in itself realises the reasonable will. As such it is morality[153] proper.