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what is externally his； from any other possessor of them； and he is
entitled to fetch them back to his house； even before the reasons that
may have led them to run away； and their particular right in the
circumstances； have been juridically investigated。
SYSTEMATIC DIVISION OF ALL THE RIGHTS CAPABLE OF
BEING ACQUIRED BY CONTRACT。
31。 Division of Contracts Juridical Conceptions
of Money and a Book。
It is reasonable to demand that a metaphysical science of right
shall completely and definitely determine the members of a logical
division of its conceptions a priori； and thus establish them in a
genuine system。 All empirical division； on the other hand； is merely
fragmentary partition； and it leaves us in uncertainty as to whether
there may not be more members still required to complete the whole
sphere of the divided conception。 A division that is made according to
a principle a priori may be called； in contrast to all empirical
partitions； a dogmatic division。
Every contract； regarded in itself objectively； consists of two
juridical acts： the promise and its acceptance。 Acquisition by the
latter； unless it be a pactum re initum which requires delivery； is
not a part； but the juridically necessary consequence of the contract。
Considered again subjectively； or as to whether the acquisition； which
ought to happen as a necessary consequence according to reason； will
also follow； in fact； as a physical consequence； it is evident that
I have no security or guarantee that this will happen by the mere
acceptance of a promise。 There is； therefore； something externally
required connected with the mode of the contract； in reference to
the certainty of acquisition by it； and this can only be some
element completing and determining the means necessary to the
attainment of acquisition as realizing the purpose of the contract。
And in his connection and behoof； three persons are required to
intervene… the promiser； the acceptor； and the cautioner or surety。
The importance of the cautioner is evident； but by his intervention
and his special contract with the promiser； the acceptor gains nothing
in respect of the object but the means of compulsion that enable him
to obtain what is his own。
According to these rational principles of logical division； there
are properly only three pure and simple modes of contract。 There
are； however； innumerable mixed and empirical modes； adding
statutory and conventional forms to the principles of mine and thine
that are in accordance with rational laws。 But they lie outside of the
circle of the metaphysical science of right； whose rational modes of
contract can alone be indicated here。
All contracts are founded upon a purpose of acquisition； and are
either：
A。 Gratuitous contracts； with unilateral acquisition； or
B。 Onerous contracts； with reciprocal acquisition； or
C。 Cautionary contracts； with no acquisition； but only guarantee
of what has been already acquired。 These contracts may be gratuitous
on the one side； and yet； at the same time； onerous on the other。
A。 The gratuitous contracts （pacta gratuita） are：
1。 Depositation （depositum）； involving the preservation of some
valuable deposited in trust；
2。 Commodate （commodatum） a loan of the use of a thing；
3。 Donation （donatio）； a free gift。
B。 The onerous contracts are contracts either of permutation or of
hiring。
I。 Contracts of permutation or reciprocal exchange （permutatio
late sic dicta）：
1。 Barter； or strictly real exchange （permutatio stricte sic
dicta）。 Goods exchanged for goods。
2。 Purchase and sale （emptio venditio）。 Goods exchanged for money。
3。 Loan （mutuum）。 Loan of a fungible under condition of its
being returned in kind： corn for corn； or money for money。
II。 Contracts of letting and hiring （locatio conductio）：
1。 Letting of a thing on hire to another person who is to make use
of it （locatio rei）。 If the thing can only be restored in specie； it
may be the subject of an onerous contract combining the
consideration of interest with it （pactum usurarium）。
2。 Letting of work on hire （locatio operae）。 Consent to the use of
my powers by another for a certain price （merces）。 The worker under
this contract is a hired servant （mercenarius）。
3。 Mandate （mandatum）。 The contract of mandate is an engagement to
perform or execute a certain business in place and in name of
another person。 If the action is merely done in the place of
another； but not； at the same time； in his name； it is performance
without commission （gestio negotii）； but if it is rightfully performed
in name of the other； it constitutes mandate； which as a contract of
procuration is an onerous contract （mandatum onerosum）。
C。 The cautionary contracts （cautiones） are：
1。 Pledge （pignus）。 Caution by a moveable deposited as security。
2。 Suretyship （fidejussio）。 Caution for the fulfillment of the
promise of another。
3。 Personal security （praestatio obsidis）。
Guarantee of personal performance。
This list of all modes in which the property of one person may be
transferred or conveyed to another includes conceptions of certain
objects or instruments required for such transference （translatio）。
These appear to be entirely empirical； and it may therefore seem
questionable whether they are entitled to a place in a metaphysical
science of right。 For； in such a science； the divisions must be made
according to principles a priori； and hence the matter of the
juridical relation； which may be conventional； ought to be left out of
account； and only its form should be taken into consideration。
Such conceptions may be illustrated by taking the instance of money；
in contradistinction from all other exchangeable things as wares and
merchandise； or by the case of a book。 And considering these as
illustrative examples in this connection； it will be shown that the
conception of money as the greatest and most useable of all the
means of human intercommunication through things； in the way of
purchase and sale in commerce； as well as that of books as the
greatest means of carrying on the interchange of thought； resolve
themselves into relations that are purely intellectual and rational。
And hence it will be made evident that such conceptions do not
really detract from the purity of the given scheme of pure rational
contracts； by empirical admixture。
Illustration of Relations of Contract by the
Conceptions of Money and a Book
I。 What is Money？
Money is a thing which can only be made use of； by being alienated
or exchanged。 This is a good nominal definition； as given by
Achenwall； and it is sufficient to distinguish objects of the will
of this kind from all other objects。 But it gives us no information
regarding the rational possibility of such a thing as money is。 Yet we
see thus much by the definition： （1） that the alienation in this
mode of human intercommunication and exchange is not viewed as a gift；
but is intended as a mode of reciprocal acquisition by an onerous
contract； and （2） that it is regarded as a mere means of carrying on
commerce； universally adopted by the people； but having no value as
such of itself； in contrast to other things as mercantile goods or
wares which have a particular value in relation to special wants
existing among the people。 It therefore represents all exchangeable
things。
A bushel of corn has the greatest direct value as a means of
satisfying human wants。 Cattle may be fed by it； and these again are
subservient to our nourishment and locomotion； and they even labour in
our stead。 Thus； by means of corn； men are multiplied and supported；
who not only act again in reproducing such natural products； but
also by other artificial products they can come to the relief of all
our proper wants。 Thus are men enabled to build dwellings； to
prepare clothing； and to supply all the ingenious comforts and
enjoyments which make up the products of industry。 On the other
hand； the value of money is only indirect。 It cannot be itself
enjoyed； nor be used directly for enjoyment； it is； however； a means
towards this； and of all outward things it is of the highest utility。
We may found a real definition of money provisionally upon these
considerations。 It may thus be defined as the universal means of
carrying on the industry of men in exchanging intercommunications with
each other。 Hence national wealth； in so far as it can be acquired
by means of money； is properly only the sum of the industry or applied
labour with which men pay each other； and which is represented by
the money in circulation among the people。
The thing which is to be called money must； therefore； have cost
as much industry to produce it； or even to put it into the hands of
others； as may be equivalent