Browsing By Tag "right of possession"
Preface Instead of a book! I hear the reader exclaim, as he picks up this volume and glances at its title; why, it is is a book. To all appearance, yes; essentially, no. It is, to be sure, an assemblage within a cover of printed sheets consecutively numbered; but this alone does not constitute a book. A book, properly speaking, is first of all a thing of unity and symmetry, of order and finish; it is a literary structure, each part of which is subordinated to the whole and created for it. To satisfy such a standard this volume does not pretend; it is not a structure, but an afterthought, a more or less coherent arrangement, each part of which was created almost without reference to any other. Yet not quite so, after all; otherwise even the smallest degree of coherence were scarcely possible.(Preface ¶ 1)...
An Inquiry into the Principle of Right and of GovernmentChapter II. Property Considered As A Natural Right. — Occupation And Civil Law As Efficient Bases Of Property. Definitions. The Roman law defined property as the right to use and abuse one’s own within the limits of the law — jus utendi et abutendi re suâ, guatenus juris ratio patitur. A justification of the word abuse has been attempted, on the ground that it signifies, not senseless and immoral abuse, but only absolute domain. Vain distinction! invented as an excuse for property, and powerless against the frenzy of possession, which it neither prevents nor represses. The proprietor may, if he chooses, allow his crops to rot under foot; sow his field with salt; milk his cows on the sand; change his vineyard into a desert, and use his vegetable-garden as a park: do these things constitute abuse, or not? In the matter of property, use and abuse are necessarily indistinguishable. According to the Declaration of Rights, pub...