ABSTRACT
Novelty would arise "of necessity", "spontaneity" would enter human affairs, and reason would become not merely critical but "creative". The distinctive features of the creative reason in the practice of the arts are, of course, "Hegel-like" characteristics. A justification of the exercise of judgment includes, therefore, showing that the critic in his judgment knows how to do criticism in specific ways. The exercise of judgment is possible and the criteria of judgment apply because the problems judgment may be called upon to resolve are public affairs in the domain of criticism. In the light of so many previous analogies, however, of greater significance now are the differences between the characteristics of law and of art as rational practices. For in the nature of the practice, indeterminacy and relativity constitute in the law more of a headache than an opportunity, while the values of novelty and uniqueness are not sought after but minimized.
