Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the StateJanet, Paul
Philosophy
Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the State
Janet, Paul
Ethics
The following are some rules proposed on this subject by Grotius (De la
paix et de la guerre, B. 11, ch. xii., § 3); and Puffendorf (Droit de la
Nature et des Gens, B. iv., ch. xiii., § 12). But as these rules appeared
excessive to other jurisconsults, we give them here rather as _problems_
than _solutions_:
1. A possessor in good faith is not obliged to restore a thing which,
against his wish, has come to be destroyed or lost, for his good faith
stood to him in lieu of property.
2. A possessor in good faith is held to return not only the thing itself,
but also its fruits still existing in kind.
3. A possessor in good faith is held to return the thing itself, and the
value of the fruit thereof which he has consumed, if there is reason to
believe that he would have otherwise consumed as many similar ones.
4. A possessor in good faith is not held to return in kind the value of
the fruit he has neglected to gather or to grow.
5. If a possessor in good faith, having received the thing as a present,
should afterwards give it to another, he is not obliged to return it,
unless he would otherwise have given one of the same value.
6. If a possessor in good faith, having acquired a thing by an onerous
title, should afterwards dispose of it in some way or other, he need
return but the gain it procured him.
It is necessary to remark here that in this matter morality should be more
severe than the strict law; for if morality demands that a possessor be
above all mindful of the rights of others, the law should also consider
the rights of him who in good faith and ignorance enjoys what belongs to
others. Hence, an essential difference between this case and that of the
trust.
=44. Things lost.=--The question of things lost is related to that of
possession in good faith. If the thing lost should fall into my hands by a
regular acquisition, by purchase, contract, etc. (as, for instance, buying
a horse in the market), it is evident that this case comes under
possession in good faith, and that it is the business of the law to decide
between proprietor and possessor. But if I appropriate to myself the thing
lost, knowing it to be lost, and consequently not mine, there is fraud and
converting to my own use the property of others. Public opinion was for a
long time indulgent towards this kind of appropriation. It seemed that
luck gave a certain title to property. The difficulty, moreover, of
finding the true owner, seemed to give to him who had found the object a
certain right to it. But to-day society plays the part of intermediary,
and assumes the duty of restoring the thing lost to its owner. It is,
therefore, to the authorities the object must be returned.[28]
For a long time a misjudgment of the same kind allowed wreckers a
pretended right to the objects thrown on the strand by the tempest
following a wreck.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account