Philosophical Works, v. 2 (of 4): Including All the Essays, and Exhibiting the More Important Alterations and Corrections in the Successive Editions Published by the AuthorHume, David
PhilosophyPhilosophy
Philosophical Works, v. 2 (of 4): Including All the Essays, and Exhibiting the More Important Alterations and Corrections in the Successive Editions Published by the Author
Hume, David
Knowledge, Theory of; Philosophy, English -- 18th century
Where the properties of two persons are united after such a manner as
neither to admit of _division_ nor _separation_, as when one builds a
house on another's ground, in that case the whole must belong to one of
the proprietors; and here I assert, that it naturally is conceived to
belong to the proprietor of the most considerable part. For, however
the compound object may have a relation to two different persons, and
carry our view at once to both of them, yet, as the most considerable
part principally engages our attention, and by the strict union draws
the inferior along it; for this reason, the whole bears a relation to
the proprietor of that part, and is regarded as his property. The only
difficulty is, what we shall be pleased to call the most considerable
part, and most attractive to the imagination.
This quality depends on several different circumstances which have
little connexion with each other. One part of a compound object may
become more considerable than another, either because it is more
constant and durable; because it is of greater value; because it is
more obvious and remarkable; because it is of greater extent; or
because its existence is more separate and independent. 'Twill be easy
to conceive, that, as these circumstances may be conjoined and opposed
in all the different ways, and according to all the different degrees,
which can be imagined, there will result many cases where the reasons
on both sides are so equally balanced, that 'tis impossible for us to
give any satisfactory decision. Here, then, is the proper business of
municipal laws, to fix what the principles of human nature have left
undetermined.
The superficies yields to the soil, says the civil law: the writing to
the paper: the canvas to the picture. These decisions do not well agree
together, and are a proof of the contrariety of those principles from
which they are derived.
Public-domain text, read in full here on John Shaqi.
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