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is given on the particular； subjective； and external facts of the case （knowledge of
which falls under the first of the aspects described in § 225）； this right is satisfied
by the confidence which the parties feel in the subjectivity of those who give the
verdict。 This confidence is based primarily on the similarity between them and the
parties in respect of their particularity； i。e。 their social position； &c。
Remark： The right of self…consciousness； the moment of subjective freedom； may be regarded
as the fundamental thing to keep before us in considering the necessity for publicity in legal
proceedings and for the so…called jury…courts； and this in the last resort is the essence of whatever
may be advanced in favour of these institutions on the score of their utility。 Other points of view
and reasoning about their several advantages and disadvantages may give rise to an argumentative
exchange； but reasoning of this kind； like all deductive reasoning； is either secondary and
inconclusive； or else drawn from other and perhaps higher spheres than that of advantage。 It may
be the case that if the administration of justice were entirely in the hands of professional lawyers；
and there were no lay institutions like juries； it would in theory be managed just as well； if not
better。 It may be so； but even if this possibility rises by general consent to probability； or even
certainty； it still does not matter； for on the other side there is always the right of
self…consciousness； insisting on its claims and dissatisfied if laymen play no part。
Owing to the character of the entire body of the laws； knowledge both of what is right and also of
the course of legal proceedings may become； together with the capacity to prosecute an action at
law； the property of a class which makes itself an exclusive clique by the use of a terminology like
a foreign tongue to those whose rights are at issue。 If this happens； the members of civil society；
who depend for their livelihood on their industry； on their own knowledge and will； are kept
strangers to the law； not only to those parts of it affecting their most personal and intimate affairs；
but also to its substantive and rational basis； the rig itself； and the result is that they become the
wards； or even in a sense the bondsmen； of the legal profession。 They may indeed have the right to
appear in court in person and to ‘stand’ there （in judicio stare）； but their bodily presence is a
trifle if their minds are not to be there also； if they are not to follow the proceedings with their own
knowledge； and if the justice they receive remains in their eyes a doom pronounced ab extra。
§ 229。
In civil society； the Idea is lost in particularity and has fallen asunder with the
separation of inward and outward。 In the administration of justice； however； civil
society returns to its concept； to the unity of the implicit universal with the
subjective particular； although here the latter is only that present in single cases
and the universality in question is that of abstract right。 The actualisation of this
unity through its extension to the whole ambit of particularity is （i） the specific
function of the Police； though the unification which it effects is only relative； （ii） it
is the Corporation which actualises the unity completely； though only in a whole
which； while concrete； is restricted。
Addition： In civil society； universality is necessity only。 When we are dealing with human needs；
it is only right as such which is steadfast。 But this right — only a restricted sphere — has a bearing
simply on the protection of property； welfare is something external to right as such。 This welfare；
however； is an essential end in the system of needs。 Hence the universal； which in the first instance
is the right only； has to be extended over the whole field of particularity。 Justice is a big thing in
civil society。 Given good laws； a state can flourish； and freedom of property is a fundamental
condition of its prosperity。 Still； since I am inextricably involved in particularity； I have a right to
claim that in this association with other particulars； my particular welfare too shall be promoted。
Regard should he paid to my welfare； to my particular interest； and this is done through the police
and the Corporation。
C。 The Public Authorities
a： Police b： Corporation
§ 230。
In the system of needs； the livelihood and welfare of every single person is a
possibility whose actual attainment is just as much conditioned by his caprices
and particular endowment as by the objective system of needs。 Through the
administration of justice； offences against property or personality are annulled。
But the right actually present in the particular requires； first； that accidental
hindrances to one aim or another be removed； and undisturbed safety of person
and property be attained； and secondly； that the securing of every single person’s
livelihood and welfare be treated and actualised as a right； i。e。 that particular
welfare as such be so treated。
（a） Police ＇or the public authority＇
§ 231。
Inasmuch as it is still the particular will which governs the choice of this or that
end； the universal authority by which security is ensured remains in the first
instance； （a） restricted to the sphere of contingencies； and （b） an external
organisation。
§ 232。
Crime is contingency as subjective willing of evil； and this is what the universal
authority must prevent or bring to justice。 But； crime apart； the subjective willing
which is permissible in actions lawful per se and in the private use of property；
also comes into external relation with other single persons； as well as with public
institutions； other than law…courts； established for realising a common end。 This
universal aspect makes private actions a matter of contingency which escapes the
agent’s control and which either does or may injure others and wrong them。
§ 233。
There is here only a possibility of injury； but the actual non…occurrence of injury
is at this stage not just another contingency。 The point is that the actions of
individuals may always be wrongful； and this is the ultimate reason for police
control and penal justice。
§ 234。
The relations between external existents fall into the infinite of the Understanding；
there is； therefore； no inherent line of distinction between what is and what is not
injurious； even where crime is concerned； or between what is and what is not
suspicious； or between what is to be forbidden or subjected to supervision and
what is to be exempt from prohibition； from surveillance and suspicion； from
inquiry and the demand to render an account of itself。 These details are
determined by custom； the spirit of the rest of the constitution； contemporary
conditions； the crisis of the hour； and so forth。
Addition： Here nothing hard and fast can be laid down and no absolute lines can be drawn。
Everything here is personal； subjective opinion enters in； and the spirit of the constitution and the
crisis of the day have to provide precision of detail。 In time of war； for instance； many a thing；
harmless at other times； has to be regarded as harmful。 As a result of this presence of accident； of
personal arbitrariness； the public authority acquires a measure of odium。 When reflective thinking
is very highly developed； the public authority may tend to draw into its orbit everything it possibly
can； for in everything some factor may be found which might make it dangerous in one of its
bearings。 In such circumstances； the public authority may set to work very pedantically and
embarrass the day…to…day life of people。 But however great this annoyance； no objective line can
be drawn here either。
§ 235。
In the indefinite multiplication and interconnection of day…to…day needs； （a） the
acquisition and exchange of the means to their satisfactions — satisfaction which
everyone confidently expects to be possible of attainment without hindrance； and
（b） the endeavours made and the transactions carried out in order to shorten the
process of attainment as much as possible； give rise to factors which are a
common interest； and when one man occupies himself with these his labour is at
the same time done for all。 The situation is productive too of contrivances and
organisations which may be of use to the community as a whole。 These universal
activities and organisations of general utility call for the oversight and care of the
public authority。
§ 236。
The differing interests of producers and consumers may come into collision with
each other； and although a fair balance between them on the whole may be
brought about automatically； still their adjustment also requires a control which
stands above both and is consciously undertaken。 The right to the exercise of
such control in a single case （e。g。 in the f