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the science of right-第6部分

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physical。 The possibility of such a possession; thus conceived;

cannot; however; be proved or comprehended in itself; because it is

a rational conception for which no empirical perception can be

furnished; but it follows as an immediate consequence from the

postulate that has been enunciated。 For; if it is necessary to act

according to that juridical principle; the rational or intelligible

condition of a purely juridical possession must also be possible。 It

need astonish no one; then; that the theoretical aspect of the

principles of the external mine and thine is lost from view in the

rational sphere of pure intelligence and presents no extension of

knowledge; for the conception of freedom upon which they rest does not

admit of any theoretical deduction of its possibility; and it can only

be inferred from the practical law of reason; called the categorical

imperative; viewed as a fact。



     7。 Application of the Principle of the Possibility of

     an External Mine and Thine to Objects of Experience。



  The conception of a purely juridical possession is not an

empirical conception dependent on conditions of space and time; and

yet it has practical reality。 As such it must be applicable to objects

of experience; the knowledge of which is independent of the conditions

of space and time。 The rational process by which the conception of

right is brought into relation to such objects so as to constitute a

possible external mine and thine; is as follows。 The conception of

right; being contained merely in reason; cannot be immediately applied

to objects of experience; so as to give the conception of an empirical

possession; but must be applied directly to the mediating

conception; in the understanding; of possession in general; so that;

instead of physical holding (detentio) as an empirical

representation of possession; the formal conception or thought of

having; abstracted from all conditions of space and time; is conceived

by the mind; and only as implying that an object is in my power and at

my disposal (in potestate mea positum esse)。 In this relation; the

term external does not signify existence in another place than where I

am; nor my resolution and acceptance at another time than the moment

in which I have the offer of a thing: it signifies only an object

different from or other than myself。 Now the practical reason by its

law of right wills; that I shall think the mine and thine in

application to objects; not according to sensible conditions; but

apart from these and from the possession they indicate; because they

refer to determinations of the activity of the will that are in

accordance with the laws of freedom。 For it is only a conception of

the understanding that can be brought under the rational conception of

right。 I may therefore say that I possess a field; although it is in

quite a different place from that on which I actually find myself。 For

the question here is not concerning an intellectual relation to the

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 
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