76they are conscious of is that they are led to make contracts by need in
general, by benevolence, advantage, etc., the fact remains that they are
led to do this by reason implicit within them, i.e. by the Idea of the
real existence of free personality, 'real' here meaning 'present in the
will alone'.
Contract presupposes that the parties entering it recognise each
other as persons and property owners. It is a relationship at the level
of mind objective, and so contains and presupposes from the start the
moment of recognition (compare Remarks to §§ 35 and 57).*
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*) In a contract I hold property on the strength of a common will;
that is to say, it is the interest of reason that the subjective will
should become universal and raise itself to this degree of actualisation.
Thus in contract my will still has the character 'this', though it has
it in community with another will. The universal will, however, still
appears here only in the form and guise of community.
(Addition by Eduard Gans based on the lecture notes of H. G. Hotho)