A Methodical System of Universal Law. Johann Gottlieb Heineccius

Чтение книги онлайн.

       Concerning our hypothetical duties towards others, and the original acquisition of dominion or property.

      SECTION CCXXX

      The connection.

      What hath hitherto been explained, belongs partly to the love of justice, and partly to that which we call the love of humanity and beneficence (§84). From the latter we have deduced our imperfect duties in the preceding chapter; from the former our perfect ones are clearly deducible, which we said, consist in not injuring any person (and <169> this we call an absolute duty), and in rendering to every one his due (which we call an hypothetical duty). Now, having treated of absolute duty in the seventh chapter, we are now to consider our hypothetical duties with the same care and accuracy.

      SECTION CCXXXI

      What is meant by our own, by dominion, by possession, by property, by community.

      That is properly called one’s own which is in his dominion. By dominion we mean the right or faculty of excluding all others from the use of a thing.^* The actual detension of a thing, by which we exclude others from the use of it, is called possession. Again, we claim a right to ourselves either of excluding all others from the use of a thing, or of excluding all others, a few only excepted. In the former case, the thing is said to be in property; in the other case, it is said to be in positive communion, which is either equal, when all have an equal right to the common thing; or unequal, when one has more, or a greater right than another to that thing. And it again is either perfect, when every one has a perfect right to the common thing, or imperfect, when none hath a perfect right to it, as in the case of the soldiers of an army, to whom a certain reward in money is appointed by the prince. But if neither one, nor many have right or design to exclude from a thing not yet taken possession of, that thing is said to be in negative communion; and this communion alone is opposite to dominion, because in that case the thing is yet under the dominion of no person. <170>

      SECTION CCXXXII

      The right of man to created things.

      Now since reason plainly discovers that men were created by God (127), it is manifest that our Creator must will that we exist. But he who wills the end, must be judged to will the means likewise. And therefore God must have willed that men should enjoy all things necessary to the preservation of their being which this earth produces. Further, God having given evident signs of his particular love to man, by having made him a most excellent creature, it cannot be doubted that he desires and delights in our perfection and happiness (§80). And by consequence he must will that we should enjoy even all things which can conduce to render our life more perfect, more satisfactory, more happy, provided we do not abuse them (§90).^* <171>

      SECTION CCXXXIII

      Originally all things were in a state of negative communion.

      Since God then hath given to man for his use and enjoyment all things conducive to render his life agreeable (§232), he undoubtedly wills that none should be excluded from any use of these things; and therefore, according to the intention of God in the beginning of things, all things were in a state of negative communion, and so were in the dominion of none (§231).^* <172>

      SECTION CCXXXIV

      But it was lawful to depart from this state, necessity so urging.

      Whatever God willed, he willed for the most wise reasons, and therefore it ought not to be altered by men but in case of great necessity. But since all the divine affirmative laws, such as this is, “That all things should be in common for the common use of all mankind,” admit of exception in case of necessity (§159); and by necessity here is to be understood not only extreme necessity, but even such as makes it impossible to live conveniently and agreeably (§158 & 232); the consequence is, that men might, necessity so urging them, lawfully depart from that negative communion, and introduce dominion, which is opposite (§231) to negative communion.

      SECTION CCXXXV

      What necessity urged men to introduce dominion.

      Now it is very evident, that if mankind had been confined to a small number, there would have been no need of any change with regard to the primeval negative community of things, because the fertility of nature would have sufficed to render the lives of all, if not agreeable, at least commodious or tolerable. But so soon as mankind was spread over the whole earth, and dispersed into innumerable families, some things began not to be sufficient to the uses of all, whereas other things <173> continuing to be, because of their vast plenty, sufficient for all; necessity itself obliged men to introduce dominion with regard to the things which were not sufficient for the uses of all (§234), leaving those things only in their original negative community which are of inexhaustible use, or which are not requisite to the preservation and agreeableness of life.^*

      SECTION CCXXXVI

      This institution is not unjust.

      Dominion therefore was introduced, and negative community was abolished by necessity itself. But that this institution of mankind is injurious to none is manifest, because in negative communion none has a right to exclude another from the use of things (§231); and therefore it must be lawful to any one so to appropriate to himself any thing belonging to none, that he could not afterwards be forced by any person to yield him the use of it, but might detain it to himself, and set it aside for his own use.^* <174>

      SECTION CCXXXVII

      After that things are either positively common or in property.

      When men, obliged by necessity to it, have introduced dominion (§235), this must consist either in positive communion, or in property (§231). Wherefore, from the moment men depart from negative communion, all things are either positively common to many, or they begin to be proper to particulars; and community arises from the resolution of many to possess the same thing undivided in common, and to exclude all others from the use of it.^† But property takes its rise either from immediate occupancy and possession at first of a thing belonging to none, or from an after-deed, in consequence of a division or cession of things positively common. <175>

      SECTION CCXXXVIII

      Why it was necessary to depart from positive community.

      Truly, if such were the happiness of mankind, that all were equally virtuous, we would neither stand in need of dominion, nor of any compacts, because even those who had nothing in possession, would want nothing necessary to their comfortable subsistence. For in that case every man would love another as himself, and would cheerfully render to every one whatever he could reasonably desire to be done by others to him. And what use would there be for dominion among such friends having all in common? But since, in the present state of mankind, it cannot be expected that any multitude of men should be all such lovers of virtue, as to study the happiness of others as much as their own; hence it is evident, that positive communion is not suitable to the condition of mankind, as they now are, and therefore that they had very good and justifiable reasons for departing from it likewise.^* СКАЧАТЬ