The fact that by virtue of a legal relation an authority over a
territory is given distinguishes the State from the tribal community of
nomads and from the Church; for in the former there is given an
authority over people of a certain descent, in the latter over people of
a certain faith, but in neither over people of a certain territory. And
finally, in the fact that this territorial authority is a supreme
authority lies the difference between the State and towns, counties, or
provinces; in the latter there is indeed a territorial authority
instituted, but one that by the very intent of its institution must bow
to a higher authority.
5. What is briefly summed up in the definition of the State may be
expanded as follows, if one takes into consideration on the one hand the
previous definition of a legal norm and on the other hand the above
explanations of the definition of the State:
Some inhabitants of a territory are so powerful that their will is
competent to affect the inhabitants of this territory in their
procedure, and these men will have it that for all the inhabitants of
the territory, for themselves as well as for the rest, the will of men
picked out in a certain way shall within certain limits be finally
regulative. When such is the condition of things, a State exists.
4.--PROPERTY
_Property is a legal relation, by virtue of which some one has, within a
certain group of men, the exclusive privilege of ultimately disposing of
a thing._
1. Property is a legal relation.
As has already been stated, a legal relation is the relation of an
obligated party, one to whom a procedure is prescribed by legal norms,
to an entitled party, one for whose sake it is prescribed.
Property is the legal relation of all the members of a group of men who
by legal norms are excluded from ultimately disposing of a thing, to
him--or to those--for whose sake they are excluded from it. Here the
circle of the obligated is much broader than that of the entitled; the
former embraces, say, all the inhabitants of a territory or all who
belong to a tribe, the latter only those among them in whom certain
further conditions (for instance, transfer, prescription, appropriation)
are fulfilled.
2. As to the conditions of its existence, this legal relation is
involuntary.
As discussion has already shown, a voluntary legal relation exists when
legal norms make entrance into the relation conditional on actions of
the obligated party, of which actions the purpose is to bring about the
legal relation; _per contra_, an involuntary legal relation exists when
legal norms do not make entrance into the relation conditional on any
such actions of the obligated party.
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