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distinguished from settlement or domicile (incolatus); which is a
continuous private possession of a place that is dependent on the
presence of the individual upon it。 We have not here to deal with
the question of domiciliary settlement; as that is a secondary
juridical act which may follow upon possession; or may not occur at
all; for as such it could not involve an original possession; but only
a secondary possession derived from the consent of others。
Simple physical possession; or holding of the soil; involves already
certain relations of right to the thing; although it is certainly
not sufficient to enable me to regard it as mine。 Relative to
others; so far as they know; it appears as a first possession in
harmony with the law of external freedom; and; at the same time; it is
embraced in the universal original possession which contains a
priori the fundamental principle of the possibility of a private
possession。 Hence to disturb the first occupier or holder of a portion
of the soil in his use of it is a lesion or wrong done to him。 The
first taking of possession has therefore a title of right (titulus
possessionis) in its favour; which is simply the principle of the
original common possession; and the saying that 〃It is well for
those who are in possession〃 (beati possidentes); when one is not
bound to authenticate his possession; is a principle of natural
right that establishes the juridical act of taking possession; as a
ground of acquisition upon which every first possessor may found。
It has been shown in the Critique of Pure Reason that in theoretical
principles a priori; an intuitional perception a priori must be
supplied in connection with any given conception; and; consequently;
were it a question of a purely theoretical principle; something
would have to be added to the conception of the possession of an
object to make it real。 But in respect of the practical principle
under consideration; the procedure is just the converse of the
theoretical process; so that all the conditions of perception which
form the foundation of empirical possession must be abstracted or
taken away in order to extend the range of the juridical conception
beyond the empirical sphere; and in order to be able to apply the
postulate; that every external object of the free activity of my will;
so far as I have it in my power; although not in the possession of it;
may be reckoned as juridically mine。
The possibility of such a possession; with consequent deduction of
the conception of a nonempirical possession; is founded upon the
juridical postulate of the practical reason; that 〃It is a juridical
duty so to act towards others that what is external and useable may
come into the possession or become the property of some one。〃 And this
postulate is conjoined with the exposition of the conception that what
is externally one's own is founded upon a possession; that is not
physical。 The possibility of such a possession; thus conceived;
cannot; however; be proved or comprehended in itself; because it is
a rational conception for which no empirical perception can be
furnished; but it follows as an immediate consequence from the
postulate that has been enunciated。 For; if it is necessary to act
according to that juridical principle; the rational or intelligible
condition of a purely juridical possession must also be possible。 It
need astonish no one; then; that the theoretical aspect of the
principles of the external mine and thine is lost from view in the
rational sphere of pure intelligence and presents no extension of
knowledge; for the conception of freedom upon which they rest does not
admit of any theoretical deduction of its possibility; and it can only
be inferred from the practical law of reason; called the categorical
imperative; viewed as a fact。
7。 Application of the Principle of the Possibility of
an External Mine and Thine to Objects of Experience。
The conception of a purely juridical possession is not an
empirical conception dependent on conditions of space and time; and
yet it has practical reality。 As such it must be applicable to objects
of experience; the knowledge of which is independent of the conditions
of space and time。 The rational process by which the conception of
right is brought into relation to such objects so as to constitute a
possible external mine and thine; is as follows。 The conception of
right; being contained merely in reason; cannot be immediately applied
to objects of experience; so as to give the conception of an empirical
possession; but must be applied directly to the mediating
conception; in the understanding; of possession in general; so that;
instead of physical holding (detentio) as an empirical
representation of possession; the formal conception or thought of
having; abstracted from all conditions of space and time; is conceived
by the mind; and only as implying that an object is in my power and at
my disposal (in potestate mea positum esse)。 In this relation; the
term external does not signify existence in another place than where I
am; nor my resolution and acceptance at another time than the moment
in which I have the offer of a thing: it signifies only an object
different from or other than myself。 Now the practical reason by its
law of right wills; that I shall think the mine and thine in
application to objects; not according to sensible conditions; but
apart from these and from the possession they indicate; because they
refer to determinations of the activity of the will that are in
accordance with the laws of freedom。 For it is only a conception of
the understanding that can be brought under the rational conception of
right。 I may therefore say that I possess a field; although it is in
quite a different place from that on which I actually find myself。 For
the question here is not concerning an intellectual relation to the
object; but I have the thing practically in my power and at my
disposal; which is a conception of possession realized by the
understanding and independent of relations of space; and it is mine;
because my will; in determining itself to any particular use of it; is
not in conflict with the law of external freedom。 Now it is just in
abstraction from physical possession of the object of my free…will
in the sphere of sense; that the practical reason wills that a
rational possession of it shall be thought; according to
intellectual conceptions which are not empirical; but contain a priori
the conditions of rational possession。 Hence it is in this fact;
that we found the ground of the validity of such a rational conception
of possession possessio noumenon) as a principle of a universally
valid legislation。 For such a legislation is implied and contained
in the expression; 〃This external object is mine;〃 because an
obligation is thereby imposed upon all others in respect of it; who
would otherwise not have been obliged to abstain from the use of
this obje