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 of the moral whole. It is, for the sake of the developement of the whole, created and kept up in the whole, but merely at the pleasure of the whole. Just so in morals there is a sphere of private liking, the sphere of indifferents, but this exists only because it ought to exist, only because duty is realized in its existence, though not by its particulars as particulars, i.e. as this one against that one. The sphere of private right has rights only so long as it is right and is duty. It exists merely on sufferance; and the moment the right of the whole demands its suppression it has no rights. Public right everywhere overrides it in practice, if not in theory. This is the justification of such things as forcible expropriation, conscription, &c. The only proper way of regarding them is to say, In developing my property, &c., as this or that man, I am doing my duty to the state, for the state lives in its individuals: and I do my duty again in another way by giving up to the use of the state my property and person, for the individual lives in the state. What other view will justify the facts of political life?

To repeat then: Right is the assertion of the universal will in relation to the particular will. Duty is the assertion of the particular will in the affirmation of the universal. Good is the identity, not the mere relation, of both. Right may be real, may actually exist; or be only ideal, merely thought of. So may duty. Rights and duties are elements in the good; they must go together. The universal can not be affirmed except in the particular, the particular only affirms itself in the universal; but they should be suppressed in the good as anything more than elements, which reciprocally supplement each other, and should be regarded as two sides to one whole. It is not moral to stand on one’s rights with the right; i.e. right should not be mere right: nor moral to make a duty of all one’s duties; i.e. duty should not be mere duty.

We maintain the following theses. (1) It is false that you can have rights without duties. (2) It is false that you can have duties without rights. (3) It is false that right is merely negative. (4) It is false that duty depends on possible compulsion, and a mere mistake that command always implies a threat; and (5) It is absolutely false that rights or duties can exist outside the moral world.