For _property_, which is not taken from a man without _wrong_, can,
according to our explanation of wrong, only be that which has been
produced by his own powers. Therefore by taking this we really take the
powers of his body from the will objectified in it, to make them subject
to the will objectified in another body. For only so does the wrong-doer,
by seizing, not the body of another, but a lifeless thing quite different
from it, break into the sphere of the assertion of will of another person,
because the powers, the work of this other body, are, as it were,
incorporated and identified with this thing. It follows from this that all
true, _i.e._, moral, right of property is based simply and solely on work,
as was pretty generally assumed before Kant, and is distinctly and
beautifully expressed in the oldest of all codes of law: “Wise men who
know the past explain that a cultured field is the property of him who cut
down the wood and cleared and ploughed it, as an antelope belongs to the
first hunter who mortally wounds it” (Laws of Manu, ix. 44). Kant’s
philosophy of law is an extraordinary concatenation of errors all leading
to each other, and he bases the right of property upon first occupation.
To me this is only explicable on the supposition that his powers were
failing through old age. For how should the mere avowal of my will to
exclude others from the use of a thing at once give me a _right_ to it?
Clearly such an avowal itself requires a foundation of right, instead of
being one, as Kant assumes. And how would he act unjustly _in se_, _i.e._,
morally, who does not respect that claim to the sole possession of a thing
which is based upon nothing but its own avowal? How should his conscience
trouble him about it? For it is so clear and easy to understand that there
can be absolutely no such thing as a just seizure of anything, but only a
just conversion or acquired possession of it, by spending our own original
powers upon it. When, by any foreign labour, however little, a thing has
been cultivated, improved, kept from harm or preserved, even if this
labour were only the plucking or picking up from the ground of fruit that
has grown wild; the person who forcibly seizes such a thing clearly
deprives the other of the result of his labour expended upon it, makes the
body of this other serve his will instead of its own, asserts his will
beyond its own phenomenon to the denial of that of the other, _i.e._, does
injustice or wrong.(74) On the other hand, the mere enjoyment of a thing,
without any cultivation or preservation of it from destruction, gives just
as little right to it as the mere avowal of our desire for its sole
possession. Therefore, though one family has hunted a district alone, even
for a hundred years, but has done nothing for its improvement; if a
stranger comes and desires to hunt there, it cannot prevent him from doing
so without moral injustice. Thus the so-called right of preoccupation,