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the science of right-第4部分

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Hence it would be a contradiction to have anything external as one's

own; were not the conception of possession capable of two different

meanings; as sensible possession that is perceivable by the senses;

and rational possession that is perceivable only by the intellect。

By the former is to be understood a physical possession; and by the

latter; a purely juridical possession of the same object。

  The description of an object as 〃external to me〃 may signify

either that it is merely 〃different and distinct from me as a

subject;〃 or that it is also 〃a thing placed outside of me; and to

be found elsewhere in space or time。〃 Taken in the first sense; the

term possession signifies rational possession; and; in the second

sense; it must mean empirical possession。 A rational or intelligible

possession; if such be possible; is possession viewed apart from

physical holding or detention (detentio)。



         2。 Juridical Postulate of the Practical Reason。



  It is possible to have any external object of my will as mine。 In

other words; a maxim to this effect… were it to become law… that any

object on which the will can be exerted must remain objectively in

itself without an owner; as res nullius; is contrary to the

principle of right。

  For an object of any act of my will; is something that it would be

physically within my power to use。 Now; suppose there were things that

by right should absolutely not be in our power; or; in other words;

that it would be wrong or inconsistent with the freedom of all;

according to universal law; to make use of them。 On this

supposition; freedom would so far be depriving itself of the use of

its voluntary activity; in thus putting useable objects out of all

possibility of use。 In practical relations; this would be to

annihilate them; by making them res nullius; notwithstanding the

fact act acts of will in relation to such things would formally

harmonize; in the actual use of them; with the external freedom of all

according to universal laws。 Now the pure practical reason lays down

only formal laws as principles to regulate the exercise of the will;

and therefore abstracts from the matter of the act of will; as regards

the other qualities of the object; which is considered only in so

far as it is an object of the activity of the will。 Hence the

practical reason cannot contain; in reference to such an object; an

absolute prohibition of its use; because this would involve a

contradiction of external freedom with itself。 An object of my free

will; however; is one which I have the physical capability of making

some use of at will; since its use stands in my power (in potentia)。

This is to be distinguished from having the object brought under my

disposal (in postestatem meam reductum); which supposes not a

capability merely; but also a particular act of the free…will。 But

in order to consider something merely as an object of my will as such;

it is sufficient to be conscious that I have it in my power。 It is

therefore an assumption a priori of the practical reason to regard and

treat every object within the range of my free exercise of will as

objectively a possible mine or thine。

  This postulate may be called 〃a permissive law〃 of the practical

reason; as giving us a special title which we could not evolve out

of the mere conceptions of right generally。 And this title constitutes

the right to impose upon all others an obligation; not otherwise

laid upon them; to abstain from the use of certain objects of our free

choice; because we have already taken them into our possession。 Reason

wills that this shall be recognised as a valid principle; and it

does so as practical reason; and it is enabled by means of this

postulate a priori to enlarge its range of activity in practice。



                3。 Possession and Ownership。



  Any one who would assert the right to a thing as his must be in

possession of it as an object。 Were he not its actual possessor or

owner; he could not be wronged or injured by the use which another

might make of it without his consent。 For; should anything external to

him; and in no way connected with him by right; affect this object; it

could not affect himself as a subject; nor do him any wrong; unless he

stood in a relation of ownership to it。



           4。 Exposition of the Conception of the。

                  External Mine and Thine。



  There can only be three external objects of my will in the

activity of choice:

  (1) A corporeal thing external to me;

  (2) The free…will of another in the performance of a particular

act (praestatio);

  (3) The state of another in relation to myself。

  These correspond to the categories of substance; causality; and

reciprocity; and they form the practical relations between me and

external objects; according to the laws of freedom。



  A。 I can only call a corporeal thing or an object in space 〃mine;〃

when; even although not in physical possession of it; I am able to

assert that I am in possession of it in another real nonphysical

sense。 Thus; I am not entitled to call an apple mine merely because

I hold it in my hand or possess it physically; but only when I am

entitled to say; 〃I possess it; although I have laid it out of my

hand; and wherever it may lie。〃 In like manner; I am not entitled to

say of the ground; on which I may have laid myself down; that

therefore it is mine; but only when I can rightly assert that it still

remains in my possession; although I may have left the spot。 For any

one who; in the former appearances of empirical possession; might

wrench the apple out of my hand; or drag me away from my

resting…place; would; indeed; injure me in respect of the inner 〃mine〃

of freedom; but not in respect of the external 〃mine;〃 unless I

could assert that I was in the possession of the object; even when not

actually holding it physically。 And if I could not do this; neither

could I call the apple or the spot mine。

  B。 I cannot call the performance of something by the action of the

will of another 〃mine;〃 if I can only say 〃it has come into my

possession at the same time with a promise〃 (pactum re initum); but

only if I am able to assert 〃I am in possession of the will of the

other; so as to determine him to the performance of a particular

act; although the time for the performance of it has not yet come。〃 In

the latter case; the promise belongs to the nature of things

actually held as possessed; and as an active obligation I can reckon

it mine; and this holds good not only if I have the thing promised… as

in the first case… already in my possession; but even although I do

not yet possess it in fact。 Hence; I must be able to regard myself

in thought as independent of that empirical form of possession that is

limited by the condition of time and as being; nevertheless; in

possession of the object。

  C。 I cannot call a wife; a child; a domestic; or; generally; any

other person 〃mine〃 merely because I command them at present as

belonging to my household; or because I have them under control; and

in my power and possession。 But I can call them mine; if; although

they may have withdrawn themselves from my control and I do not

therefore possess them empirically; I can still say 〃I possess them by

my mere will; provided they exist anywhere in space or time; and;

consequently; my possession of them is purely juridical。〃 They belong;

in fact; to my possessions; only when and so far as I can assert

this as a matter of right。



              5。 Definition of the Conception of the

                     External Mine and Thine。



  Definitions are nominal or real。 A nominal definition is

sufficient merely to distinguish the object defined from all other

objects; and it springs out of a complete and definite exposition of

its conception。 A real definition further suffices for a deduction

of the conception defined; so as to furnish a knowledge of the reality

of the object。 The nominal definition of the external 〃mine〃 would

thus be: 〃The external mine is anything outside of myself; such that

any hindrance of my use of it at will would be doing me an injury or

wrong as an infringement of that freedom of mine which may coexist

with the freedom of all others according to a universal law。〃 The real

definition of this conception may be put thus: 〃The external mine is

anything outside of myself; such that any prevention of my use of it

would be a wrong; although I may not be in possession of it so as to

be actually holding it as an object。〃 I must be in some kind of

possession of an external object; if the object is to be regarded as

mine; for; otherwise; anyone interfering with this object would not;

in doing so; affect me; nor; consequently; would he thereby do me

any wrong。 Hence; according to SS 4; a rational possession

(possessio noumenon) must be assumed as possible; if there is to be

rightly an external mine and thine。 Empirical possession
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