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But how shall the condition, the true subjection of the other to the law, be given? Not through signs of repentance, promises of future better behavior, offers of damages, etc.; for there is no ground to believe his sincerity. It is quite as possible that he has been forced by his present weakness into this repentance, and is only awaiting a better opportunity to renew the attack. This uncertainty does not warrant the other in laying down his arms and thus again exposing all his safety. He will, therefore, continue to exercise his compulsion; but since the condition of the right is problematical, his exercise also will be problematical. t is the same with the violator. If he has offered the complete restitution which the law inevitably requires, and it being possible that he may now have voluntarily subjected himself in all sincerity to the law, it is also likely that he will oppose any further restriction of his freedom, but his right to make this opposition is also problematical. It seems, therefore, that the decisive point can not be ascertained, since it rests in the ascertainment of inner sincerity, which can not be proved, but is a matter of conscience for each. The ground of decision, indeed, could be given only, if it were possible to ascertain the whole future life of the violator. (en) |
