§ 492. The casual aspect of property is that I place my will in _this_
thing: so far my will is _arbitrary_, I can just as well put it in it as
not,—just as well withdraw it as not. But so far as my will lies in a
thing, it is only I who can withdraw it: it is only with my will that the
thing can pass to another, whose property it similarly becomes only with
his will:—_Contract_.
(b) Contract.
§ 493. The two wills and their agreement in the contract are as an
_internal_ state of mind different from its realisation in the
_performance_. The comparatively “ideal” utterance (of contract) in the
_stipulation_ contains the actual surrender of a property by the one, its
changing hands, and its acceptance by the other will. The contract is thus
thoroughly binding: it does not need the performance of the one or the
other to become so—otherwise we should have an infinite regress or
infinite division of thing, labour, and time. The utterance in the
stipulation is complete and exhaustive. The inwardness of the will which
surrenders and the will which accepts the property is in the realm of
ideation, and in that realm the word is deed and thing (§ 462)—the full
and complete deed, since here the conscientiousness of the will does not
come under consideration (as to whether the thing is meant in earnest or
is a deception), and the will refers only to the external thing.
§ 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which however the absolute law (right) is not superseded, but only a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_ of right, against which the former is defined as the
intrinsically right.