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the science of right-第7章

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object; but I have the thing practically in my power and at my

disposal; which is a conception of possession realized by the

understanding and independent of relations of space; and it is mine;

because my will; in determining itself to any particular use of it; is

not in conflict with the law of external freedom。 Now it is just in

abstraction from physical possession of the object of my free…will

in the sphere of sense; that the practical reason wills that a

rational possession of it shall be thought; according to

intellectual conceptions which are not empirical; but contain a priori

the conditions of rational possession。 Hence it is in this fact;

that we found the ground of the validity of such a rational conception

of possession possessio noumenon) as a principle of a universally

valid legislation。 For such a legislation is implied and contained

in the expression; 〃This external object is mine;〃 because an

obligation is thereby imposed upon all others in respect of it; who

would otherwise not have been obliged to abstain from the use of

this object。

  The mode; then; of having something external to myself as mine;

consists in a specially juridical connection of the will of the

subject with that object; independently of the empirical relations

to it in space and in time; and in accordance with the conception of a

rational possession。 A particular spot on the earth is not

externally mine because I occupy it with my body; for the question

here discussed refers only to my external freedom; and consequently it

affects only the possession of myself; which is not a thing external

to me; and therefore only involves an internal right。 But if I

continue to be in possession of the spot; although I have taken myself

away from it and gone to another place; only under that condition is

my external right concerned in connection with it。 And to make the

continuous possession of this spot by my person a condition of

having it as mine; must either be to assert that it is not possible at

all to have anything external as one's own; which is contrary to the

postulate in SS 2; or to require; in order that this external

possession may be possible; that I shall be in two places at the

same time。 But this amounts to saying that I must be in a place and

also not in it; which is contradictory and absurd。

  This position may be applied to the case in which I have accepted

a promise; for my having and possession in respect of what has been

promised become established on the ground of external right。 This

right is not to be annulled by the fact that the promiser having

said at one time; 〃This thing shall be yours;〃 again at a subsequent

time says; 〃My will now is that the thing shall not be yours。〃 In such

relations of rational right; the conditions hold just the same as if

the promiser had; without any interval of time between them; made

the two declarations of his will; 〃This shall be yours;〃 and also

〃This shall not be yours〃; which manifestly contradicts itself。

  The same thing holds; in like manner; of the conception of the

juridical possession of a person as belonging to the Having of a

subject; whether it be a wife; a child; or a servant。 The relations of

right involved in a household; and the reciprocal possession of all

its members; are not annulled by the capability of separating from

each other in space; because it is by juridical relations that they

are connected; and the external mine and thine; as in the former

cases; rests entirely upon the assumption of the possibility of a

purely rational possession; without the accompaniment of physical

detention or holding of the object。

  Reason is forced to a critique of its juridically practical function

in special reference to the conception of the external mine and thine;

by the antinomy of the propositions enunciated regarding the

possibility of such a form of possession。 For these give rise to an

inevitable dialectic; in which a thesis and an antithesis set up equal

claims to the validity of two conflicting conditions。 Reason is thus

compelled; in its practical function in relation to right… as it was

in its theoretical function… to make a distinction between

possession as a phenomenal appearance presented to the senses; and

that possession which is rational and thinkable only by the

understanding。

  Thesis。… The thesis; in this case; is: 〃It is possible to have

something external as mine; although I am not in possession of it。〃

  Antithesis。… The antithesis is: 〃It is not possible to have anything

external as mine; if I am not in possession of it。〃

  Solution。… The solution is: 〃Both Propositions are true〃; the former

when I mean empirical possession (possessio phaenomenon); the latter

when I understand by the same term; a purely rational possession

(possessio noumenon)。

  But the possibility of a rational possession; and consequently of an

external mine and thine; cannot be comprehended by direct insight; but

must be deduced from the practical reason。 And in this relation it

is specially noteworthy that the practical reason without

intuitional perceptions; and even without requiring such an element

a priori; can extend its range by the mere elimination of empirical

conditions; as justified by the law of freedom; and can thus establish

synthetical propositions a priori。 The proof of this in the

practical connection; as will be shown afterwards; can be adduced in

an analytical manner。



     8。 To Have Anything External as One's Own is only Possible

         in a Juridical or Civil State of Society under the

            Regulation of a Public Legislative Power。



  If; by word or deed; I declare my will that some external thing

shall be mine; I make a declaration that every other person is obliged

to abstain from the use of this object of my exercise of will; and

this imposes an obligation which no one would be under; without such a

juridical act on my part。 But the assumption of this act at the same

time involves the admission that I am obliged reciprocally to

observe a similar abstention towards every other in respect of what is

externally theirs; for the obligation in question arises from a

universal rule regulating the external juridical relations。 Hence I am

not obliged to let alone what another person declares to be externally

his; unless every other person likewise secures me by a guarantee that

he will act in relation to what is mine; upon the same principle。 This

guarantee of reciprocal and mutual abstention from what belongs to

others does not require a special juridical act for its establishment;

but is already involved in the conception of an external obligation of

right; on account of the universality and consequently the reciprocity

of the obligatoriness arising from a universal Rule。 Now a single

will; in relation to an external and consequently contingent

possession; cannot serve as a compulsory law for all; because that

would be to do violence to the freedom which is in accordance with

universal laws。 Therefore it is only a will that binds every one;

and as such a common; collective; and authoritative will; that can

furnish a guarantee of security to all。 But the state of men under a

universal; external; and public legislation; conjoined with

authority and power; is called the civil state。 There can therefore be

an external mine and thine only in the civil state of society。

  Consequence。… It follows; as a corollary; that; if it is juridically

possible to have an external object as one's own; the individual

subject of possession must be allowed to compel or constrain every

person with whom a dispute as to the mine or thine of such a

possession may arise; to enter along with himself into the relations

of a civil constitution。



    9。 There May; However; Be an External Mine and Thine Found as

      a Fact in the State of Nature; but it is only Provisory。



  Natural right in the state of a civil constitution means the
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