If property were a voluntary legal relation, then there could be
excluded from ultimately disposing of a thing only those members of a
group of men who had consented to this exclusion. But all members of the
group--for instance, all the inhabitants of a territory, all who belong
to a tribe--are excluded, whether they have consented or not.
3. The substance of this legal relation consists in some one's having,
within a certain group of men, the exclusive privilege of ultimately
disposing of a thing.
Some one's having, within a certain group of men, the exclusive
privilege of ultimately disposing of a thing means that this group is
excluded from the thing in his favor; that is, they must not hinder him
from dealing with the thing according to his will, nor may they
themselves deal with it against his will. Now, the exclusive disposition
of a thing within a certain group of men may by virtue of a legal
relation belong to several, part by part, in this way: that some--or
one--of them have it in this or that particular respect (for instance,
as to the usufruct), and one--or some--in all other respects which are
not individually alienated. Whoever thus has, within a group of men, the
exclusive disposition of a thing in all those respects which are not
individually alienated, to him belongs, within that group, the exclusive
privilege of ultimately disposing of the thing.
To whom this belongs by virtue of the legal relation--whether, for
instance, it belongs among others to him who by labor has made a thing
into some new thing--depends on the legal norms by which the legal
relation is determined. On them also depends the question, within what
limits this belongs to him: the dispository authority of him to whom the
exclusive disposition of a thing within a group of men ultimately
belongs is limited not only by the dispository authority of those to
whom the exclusive disposition within the group proximately belongs, but
also by the limits within which such dispository authority is at all
allowed to anybody in the group. Especially, it depends on these legal
norms whether a privilege of exclusive ultimate disposition belongs to
individuals as well as to corporations, or only to corporations, and
whether it applies to every kind of things or only to one kind or
another.
4. As 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, property is distinguished from all other objects, even from those
which most resemble it.
By being a legal relation it is distinguished from all the relations in
which one has the exclusive ultimate disposition of a thing guaranteed
to him solely by the reasonableness of the men who surround him, or
solely by his own might, as might be the case in a conceivable kingdom
of God or of reason, and as is often the case in a conquered country.
Public-domain text, read in full here on John Shaqi.
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