Being an involuntary legal relation, it is distinguished from those
legal relations by virtue of which the exclusive privilege of ultimately
disposing of a thing belongs to some one solely on the ground of a
contract, and solely as against the other contracting parties.
That by virtue of this legal relation some one has, within a group of
men, the exclusive privilege of ultimately disposing of a thing,
distinguishes property from copyright, by virtue of which some one has
exclusively, within a group of men, not the disposition of a thing, but
somewhat else; and furthermore from rights in the property of others, by
virtue of which some one has, within a group of men, the exclusive
privilege of disposing of a thing, but not of ultimately disposing of
it.
5. What is briefly summed up in the definition of property may be
expanded as follows, if one takes into consideration on the one hand the
previously given definition of a legal norm, and on the other the above
explanations of the definition of property.
Some men are so powerful that their will is able to affect in its
procedure a group of men which embraces them, and these men will have it
that no member of this group shall, within certain limits, hinder a
member picked out in a certain way from dealing with a thing according
to his will, nor, within these limits, himself deal with the thing
against the will of that member, so far as the will of another member is
not already in particular respects regulative with respect to that thing
equally with the will of that member. When such is the condition of
things, property exists.
* * * * *
[Distinguishing the State from arbitrary dominion as he here does
(p. 34), and then saying that Anarchism consists solely in the
negation of the State, Eltzbacher implies the unsound conclusion
that Anarchism does not involve the negation of arbitrary dominion.
This is because he incautiously takes the word of the learned
public that the only cardinal points of Anarchism are law, the
State, and property, without making sure that those who say this
are using the term "State" in the precise sense defined by him. But
are not many of his "arbitrary commands" law and State by his
definitions? Every robber in his band (p. 31) is as much required
to keep the secret as are the peasantry, and under the same
penalties. In restraining a subject population I restrict my
liberty of emigration or investment, and forbid myself to be an
accomplice in certain things.]
CHAPTER III
GODWIN'S TEACHING
1.--GENERAL
1. William Godwin was born in 1756 at Wisbeach, Cambridgeshire. He
studied theology at Hoxton, beginning in 1773. In 1778 he became
preacher at Ware, Hertfordshire; in 1780, preacher at Stowmarket,
Suffolk. In 1782 he gave up this position. From this time on he lived in
London as an author. He died there in 1836.
Public-domain text, read in full here on John Shaqi.
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