SECTION III.

OF THE RULES WHICH DETERMINE PROPERTY.

Though the establishment of the rule, concerning the stability of

possession, be not only useful, but even absolutely necessary to human

society, it can never serve to any purpose, while it remains in such

general terms. Some method must be shown, by which we may distinguish

what particular goods are to be assigned to each particular person,

while the rest of mankind are excluded from their possession and

enjoyment. Our next business, then, must be to discover the reasons

which modify this general rule, and fit it to the common use and

practice of the world.

'Tis obvious, that those reasons are not derived from any utility or

advantage, which either the _particular_ person or the public may

reap from his enjoyment of any _particular_ goods, beyond what would

result from the possession of them by any other person. 'Twere better,

no doubt, that every one were possessed of what is most suitable

to him, and proper for his use: But besides, that this relation of

fitness may be common to several at once, 'tis liable to so many

controversies, and men are so partial and passionate in judging of

these controversies, that such a loose and uncertain rule would be

absolutely incompatible with the peace of human society. The convention

concerning the stability of possession is entered into, in order to cut

off all occasions of discord and contention; and this end would never

be attained, were we allowed to apply this rule differently in every

particular case, according to every particular utility which might be

discovered in such an application. Justice, in her decisions, never

regards the fitness or unfitness of objects to particular persons, but

conducts herself by more extensive views. Whether a man be generous, or

a miser, he is equally well received by her, and obtains, with the same

facility, a decision in his favour, even for what is entirely useless

to him.

It follows, therefore, that the general rule, _that possession must be

stable_, is not applied by particular judgments, but by other general

rules, which must extend to the whole society, and be inflexible

either by spite or favour. To illustrate this, I propose the following

instance. I first consider men in their savage and solitary condition;

and suppose that, being sensible of the misery of that state, and

foreseeing the advantages that would result from society, they seek

each other's company, and make an offer of mutual protection and

assistance. I also suppose that they are endowed with such sagacity as

immediately to perceive that the chief impediment to this project of

society and partnership lies in the avidity and selfishness of their

natural temper; to remedy which, they enter into a convention which for

the stability of possession, and for mutual restraint and forbearance.

I am sensible that this method of proceeding is not altogether natural;

but, besides that, I here only suppose those reflections to be formed

at once, which, in fact, arise insensibly and by degrees; besides this,

I say, 'tis very possible that several persons, being by different

accidents separated from the societies to which they formerly belonged,

may be obliged to form a new society among themselves; in which case

they are entirely in the situation above-mentioned.

'Tis evident, then, that their first difficulty in this situation,

after the general convention for the establishment of society, and for

the constancy of possession, is, how to separate their possessions,

and assign to each his particular portion, which he must for the

future unalterably enjoy. This difficulty will not detain them long;

but it must immediately occur to them, as the most natural expedient,

that every one continue to enjoy what he is at present master of, and

that property or constant possession be conjoined to the immediate

possession. Such is the effect of custom, that it not only reconciles

us to any thing we have long enjoyed, but even gives us an affection

for it, and makes us prefer it to other objects, which may be more

valuable, but are less known to us. What has long lain under our eye,

and has often been employed to our advantage, _that_ we are always the

most unwilling to part with; but can easily live without possessions

which we never have enjoyed, and are not accustomed to. 'Tis evident,

therefore, that men would easily acquiesce in this expedient, _that

every one continue to enjoy what he is at present possessed of_; and

this is the reason why they would so naturally agree in preferring

it.[1]

But we may observe, that, though the rule of the assignment of property

to the present possessor be natural, and by that means useful, yet

its utility extends not beyond the first formation of society; nor

would any thing be more pernicious than the constant observance of

it; by which restitution would be excluded, and every injustice would

be authorized and rewarded. We must, therefore, seek for some other

circumstance, that may give rise to property after society is once

established; and of this kind I find four most considerable, viz.

Occupation, Prescription, Accession, and Succession. We shall briefly

examine each of these, beginning with _occupation_.

The possession of all external goods is changeable and uncertain;

which is one of the most considerable impediments to the establishment

of society, and is the reason why, by universal agreement, express

or tacit, men restrain themselves by what we now call the rules of

justice and equity. The misery of the condition which precedes this

restraint, is the cause why we submit to that remedy as quickly as

possible; and this affords us an easy reason why why annex the idea of

property to the first possession, or to _occupation_. Men are unwilling

to leave property in suspense, even for the shortest time, or open the

least door to violence and disorder. To which we may add, that the

first possession always engages the attention most; and did we neglect

it, there would be no colour of reason for assigning property to any

succeeding possession.[2]

There remains nothing but to determine exactly what is meant by

possession; and this is not so easy as may at first sight be imagined.

We are said to be in possession of any thing, not only when we

immediately touch it, but also when we are so situated with respect

to it, as to have it in our power to use it; and may move, alter,

or destroy it, according to our present pleasure or advantage. This

relation, then, is a species of cause and effect; and as property is

nothing but a stable possession, derived from the rules of justice,

or the conventions of men, 'tis to be considered as the same species

of relation. But here we may observe, that, as the power of using any

object becomes more or less certain, according as the interruptions

we may meet with are more or less probable; and as this probability

may increase by insensible degrees, 'tis in many cases impossible to

determine when possession begins or ends; nor is there any certain

standard by which we can decide such controversies. A wild boar that

falls into our snares, is deemed to be in our possession if it be

impossible for him to escape. But what do we mean by impossible? How

do we separate this impossibility from an improbability? And how

distinguish that exactly from a probability? Mark the precise limits of

the one and the other, and show the standard, by which we may decide

all disputes that may arise, and, as we find, by experience, frequently

do arise upon this subject.[3]

But such disputes may not arise concerning the real existence of

property and possession, but also concerning their extent; and these

disputes are often susceptible of no decision, or can be decided by no

other faculty than the imagination. A person who lands on the shore of

a small island that is desart and uncultivated is deemed its possessor

from the very first moment, and acquires the property of the whole;

because the object is there bounded and circumscribed in the fancy, and

at the same time is proportioned to the new possessor. The same person

landing on a desart island as large as Great Britain, extends his

property no farther than his immediate possession; though a numerous

colony are esteemed the proprietors of the whole from the instant of

their debarkment.

But if it often happens that the title of first possession becomes

obscure through time, and that 'tis impossible to determine many

controversies which may arise concerning it; in that case, long

possession or _prescription_ naturally takes place, and gives a person

a sufficient property in any thing he enjoys. The nature of human

society admits not of any great accuracy; nor can we always remount

to the first origin of things, in order to determine their present

condition. Any considerable space of time sets objects at such a

distance that they seem in a manner to lose their reality, and have

as little influence on the mind as if they never had been in being. A

man's title that is clear and certain at present, will seem obscure

and doubtful fifty years hence, even though the facts on which it is

founded should be proved with the greatest evidence and certainty.

The same facts have not the same influence after so long an interval

of time. And this may be received as a convincing argument for our

preceding doctrine with regard to property and justice. Possession

during a long tract of time conveys a title to any object. But as 'tis

certain that, however every thing be produced in time, there is nothing

real that is produced by time, it follows, that property being produced

by time, is not any thing real in the objects, but is the offspring of

the sentiments, on which alone time is found to have any influence.[4]

We acquire the property of objects by _accession_, when they are

connected in an intimate manner with objects that are already our

property, and at the same time are inferior to them. Thus, the fruits

of our garden, the offspring of our cattle, and the work of our slaves,

are all of them esteemed our property, even before possession. Where

objects are connected together in the imagination, they are apt to be

put on the same footing, and are commonly supposed to be endowed with

the same qualities. We readily pass from one to the other, and make no

difference in our judgments concerning them, especially if the latter

be inferior to the former. [5]

The right of _succession_ is a very natural one, from the presumed

consent of the parent or near relation, and from the general interest

of mankind, which requires that men's possessions should pass to those

who are dearest to them, in order to render them more industrious

and frugal. Perhaps these causes are seconded by the influence of

_relation_, or the association of ideas, by which we are naturally

directed to consider the son after the parent's decease, and ascribe

to him a title to his father's possessions. Those goods must become the

property of somebody: but _of whom_ is the question. Here 'tis evident

the person's children naturally present themselves to the mind; and

being already connected to those possessions by means of their deceased

parent, we are apt to connect them still farther by the relation of

property. Of this there are many parallel instances.[6]

[1] No questions in philosophy are more difficult, than when a number

of causes present themselves for the same phenomenon, to determine

which is the principal and predominant. There seldom is any very

precise argument to fix our choice, and men must be contented to

be guided by a kind of taste or fancy, arising from analogy, and a

comparison of similar instances. Thus, in the present case, there

are, no doubt, motives of public interest for most of the rules

which determine property; but still I suspect, that these rules are

principally fixed by the imagination, or the more frivolous properties

of our thought and conception. I shall continue to explain these

causes, leaving it to the reader's choice, whether he will prefer those

derived from public utility, or those derived from the imagination. We

shall begin with the right of the present possessor.

'Tis a quality which I have already observed(*) in human nature, that

when two objects appear in a close relation to each other, the mind is

apt to ascribe to them any additional relation, in order to complete

the union; and this inclination is so strong, as often to make us run

into errors (such as that of the conjunction of thought and matter) if

we find that they can serve to that purpose. Many of our impressions

are incapable of place or local position; and yet those very

impressions we suppose to have a local conjunction with the impressions

of sight and touch, merely because they are conjoined by causation, and

are already united in the imagination. Since, therefore, we can feign a

new relation, and even an absurd one, in order to complete any union,

'twill easily be imagined, that if there be any relations which depend

on the mind, 'twill readily conjoin them to any preceding relation,

and unite, by a new bond, such objects as have already an union in the

fancy. Thus, for instance, we never fail, in our arrangement of bodies,

to place those which are resembling in contiguity to each other, or at

least in _correspondent_ points of view; because we feel a satisfaction

in joining the relation of contiguity to that of resemblance, or the

resemblance of situation to that of qualities. And this is easily

accounted for from the known properties of human nature. When the mind

is determined to join certain objects, but undetermined in its choice

of the particular objects, it naturally turns its eye to such as are

related together. They are already united in the mind: they present

themselves at the same time to the conception; and instead of requiring

any new reason for their conjunction, it would require a very powerful

reason to make us overlook this natural affinity. This we shall have

occasion to explain more fully afterwards when we come to treat of

_beauty_. In the mean time, we may content ourselves with observing,

that the same love of order and uniformity which arranges the books in

a library, and the chairs in a parlour, contributes to the formation

of society, and to the well-being of mankind, by modifying the general

rule concerning the stability of possession. And as property forms a

relation betwixt a person and an object, 'tis natural to found it on

some preceding relation; and, as property is nothing but a constant

possession, secured by the laws of society, 'tis natural to add it to

the present possession, which is a relation that resembles it. For

this also has its influence. If it be natural to conjoin till sorts of

relations, 'tis more so to conjoin such relations as are resembling,

and are related together. (*) Book I. Part IV. Sect. 5

[2] Some philosophers account for the right of occupation, by saying

that every one has a property in his own labour; and when he joins that

labour to any thing, it gives him the property of the whole: but, I.

There are several kinds of occupation where we cannot be said to join

our labour to the object we acquire: as when we possess a meadow by

grazing our cattle upon it 2. This accounts for the matter by means of

_accession_; which is taking a needless circuit. 3. We cannot be said

to join our labour to any thing but in a figurative sense. Properly

speaking, we only make an alteration on it by our labour. This forms

a relation betwixt us and the object; and thence arises the property,

according to the preceding principles.

[3] If we seek a solution of these difficulties in reason and public

interest, we never shall find satisfaction; and if we look for it in

the imagination, 'tis evident, that the qualities which operate upon

that faculty, run so insensibly and gradually into each other, that

'tis impossible to give them any precise bounds or termination. The

difficulties on this head must increase, when we consider that our

judgment alters very sensibly according to the subject, and that the

same power and proximity will be deemed possession in one case, which

is not esteemed such in another. A person who has hunted a hare to

the last degree of weariness, would look upon it as an injustice for

another to rush in before him, and seize his prey. But the same person,

advancing to pluck an apple that hangs within his reach, has no reason

to complain if another, more alert, passes him, and takes possession.

What is the reason of this difference, but that immobility, not being

natural to the hare, but the effect of industry, forms in that case a

strong relation with the hunter, which is wanting in the other?

Here, then, it appears, that a certain and infallible power of

enjoyment, without touch or some other sensible relation, often

produces not property: and I farther observe, that a sensible relation,

without any present power, is sometimes sufficient to give a title to

any object. The sight of a thing is seldom a considerable relation, and

is only regarded as such, when the object is hidden, or very obscure;

in which case we find that the view alone conveys a property; according

to that maxim, _that even a whole continent belongs to the nation which

first discovered it_. 'Tis however remarkable, that both in the case of

discovery and that of possession, the first discoverer and possessor

must join to the relation an intention of rendering himself proprietor,

otherwise the relation will not have its effect; and that because the

connexion in our fancy betwixt the property and the relation is not so

great but that it requires to be helped by such an intention.

From all these circumstances, 'tis easy to see how perplexed many

questions may become concerning the acquisition of property by

occupation; and the least effort of thought may present us with

instances which are not susceptible of any reasonable decision. If we

prefer examples which are real to such as are feigned, we may consider

the following one, which is to be met with in almost every writer

that has treated of the laws of nature. Two Grecian colonies, leaving

their native country in search of new seats, were informed that a city

near them was deserted by its inhabitants. To know the truth of this

report, they despatched at once two messengers, one from each colony,

who finding, on their approach, that the information was true, begun a

race together, with an intention to take possession of the city, each

of them for his countrymen. One of these messengers, finding that he

was not an equal match for the other, launched his spear at the gates

of the city, and was so fortunate as to fix it there before the arrival

of his companion. This produced a dispute betwixt the two colonies,

which of them was the proprietor of the empty city; and this dispute

still subsists among philosophers. For my part, I find the dispute

impossible to be decided, and that because the whole question hangs

upon the fancy, which in this case is not possessed of any precise or

determinate standard upon which it can give sentence. To make this

evident, let us consider, that if these two persons had been simply

members of the colonies, and not messengers or deputies, their actions

would not have been of any consequence; since in that case their

relation to the colonies would have been but feeble and imperfect. Add

to this, that nothing determined them to run to the gates rather than

the walls or any other part of the city, but that the gates, being the

most *obviated*, and remarkable part, satisfy the fancy best in taking

them for the whole; as we find by the poets, who frequently draw their

images and metaphors from them. Besides, we may consider that the touch

or contact of the one messenger is not properly possession, no more

than the piercing the gates with the spear, but only forms a relation;

and there is a relation in the other case equally obvious, though not

perhaps of equal force. Which of these relations, then, conveys a right

and property, or whether any of them be sufficient for that effect, I

leave to the decision of such as are wiser than myself.

[4] Present possession is plainly a relation betwixt a person and an

object; but is not sufficient to counterbalance the relation of first

possession, unless the former be long and uninterrupted; in which case

the relation is increased on the side of the present possession by

the extent of time, and diminished on that of first possession by the

distance. This change in the relation produces a consequent change in

the property.

[5] This source of property can never be explained but from the

imagination; and one may affirm, that the causes are here unmixed. We

shall proceed to explain them more particularly, and illustrate them by

examples from common life and experience.

It has been observed above, that the mind has a natural propensity to

join relations, especially resembling ones, and finds a kind of fitness

and uniformity in such an union. From this propensity are derived these

laws of nature, _that upon the first formation of society, property

always follows the present possession_; and afterwards, _that it arises

from first or from long possession_. Now, we may easily observe, that

relation is not confined merely to one degree; but that from an object

that is related to us, we acquire a relation to every other object

which is related to it, and so on, till the thought loses the chain by

too long a progress. However the relation may weaken by each remove,

'tis not immediately destroyed; but frequently connects two objects

by means of an intermediate one, which is related to both. And this

principle is of such force as to give rise to the right of _accession_,

and causes us to acquire the property, not only of such objects as we

are immediately possessed of, but also of such as are closely connected

with them.

Suppose a German, a Frenchman, and a Spaniard, to come into a room

where there are placed upon the table three bottles of wine, Rhenish,

Burgundy, and Port; and suppose they should fall a quarrelling about

the division of them, a person who was chosen for umpire would

naturally, to show his impartiality, give every one the product of his

own country; and this from a principle which, in some measure, is the

source of those laws of nature that ascribe property to occupation,

prescription and accession.

In all these cases, and particularly that of accession, there is first

a _natural_ union betwixt the idea of the person and that of the

object, and afterwards a new and moral union produced by that right

or property which we ascribe to the person. But here there occurs a

difficulty which merits our attention, and may afford us an opportunity

of putting to trial that singular method of reasoning which has been

employed on the present subject. I have already observed, that the

imagination passes with greater facility from little to great, than

from great to little, and that the transition of ideas is always easier

and smoother in the former case than in the latter. Now, as the right

of accession arises from the easy transition of ideas by which related

objects are connected together, it should naturally be imagined that

the right of accession must increase in strength, in proportion as

the transition of ideas is performed with greater facility. It may

therefore be thought; that when we have acquired the property of any

small object, we shall readily consider any great object related to it

as an accession, and as belonging to the proprietor of the small one;

since the transition is in that case very easy from the small object

to the great one, and should connect them together in the closest

manner. But in fact the case is always found to be otherwise. The

empire of Great Britain seems to draw along with it the dominion of

the Orkneys, the Hebrides, the Isle of Man, and the Isle of Wight; but

the authority over those lesser islands does not naturally imply any

title to Great Britain. In short, a small object naturally follows a

great one as its accession; but a great one is never supposed to belong

to the proprietor of a small one related to it, merely on account of

that property and relation. Yet in this latter case the transition of

ideas is smoother from the proprietor to the small object which is

his property, and from the small object to the great one, than in the

former case from the proprietor to the great object, and from the great

one to the small. It may therefore be thought, that these phenomena are

objections to the foregoing hypothesis, _that the ascribing of property

to accession is nothing but an effect of the relations of ideas, and of

the smooth transition of the imagination_.

'Twill be easy to solve this objection, if we consider the agility and

unsteadiness of the imagination, with the different views in which it

is continually placing its objects. When we attribute to a person a

property in two objects, we do not always pass from the person to one

object, and from that to the other related to it. The objects being

here to be considered as the property of the person, we are apt to join

them together, and place them in the same light. Suppose, therefore,

a great and a small object to be related together, if a person be

strongly related to the great object, he will likewise be strongly

related to both the objects considered together, because he is related

to the most considerable part. On the contrary, if he be only related

to the small object, he will not be strongly related to both considered

together, since his relation lies only with the most trivial part,

which is not apt to strike us in any great degree when we consider the

whole. And this is the reason why small objects become accessions to

great ones, and not great to small.

'Tis the general opinion of philosophers and civilians, that the sea is

incapable of becoming the property of any nation; and that because 'tis

impossible to take possession of it, or form any such distinct relation

with it, as may be the foundation of property. Where this reason

ceases, property immediately takes place. Thus, the most strenuous

advocates for the liberty of the seas universally allow, that friths

and bays naturally belong as an accession to the proprietors of the

surrounding continent These have properly no more bond or union with

the land than the _Pacific_ ocean would have; but having an union in

the fancy, and being at the same time _inferior_, they are of course

regarded as an accession.

The property of rivers, by the laws of most nations, and by the natural

turn of our thought, is attributed to the proprietors of their banks,

excepting such vast rivers as the Rhine or the Danube, which seem too

large to the imagination to follow as an accession the property of

the neighbouring fields. Yet even these rivers are considered as the

property of that nation through whose dominions they run; the idea of

a nation being a suitable bulk to correspond with them, and bear them

such a relation in the fancy.

The accessions which are made to lands bordering upon rivers, follow

the land, say the civilians, provided it be made by what they

call _alluvion_, that is, insensibly and imperceptibly; which are

circumstances that mightily assist the imagination in the conjunction.

Where there is any considerable portion torn at once from one bank,

and joined to another, it becomes not his property whose land it falls

on, till it unite with the land, and till the trees or plants have

spread their roots into both. Before that, the imagination does not

sufficiently join them.

There are other cases which somewhat resemble this of accession,

but which, at the bottom, are considerably different, and merit our

attention. Of this kind is the conjunction of the properties of

different persons, after such a manner as not to admit of _separation_.

The question is, to whom the united mass must belong.

Where this conjunction is of such a nature as to admit of _division_,

but not of _separation_, the decision is natural and easy. The

whole mass must be supposed to be common betwixt the proprietors

of the several parts, and afterwards must be divided according to

the proportions of these parts. But here I cannot forbear taking

notice of a remarkable subtilty of the Roman law, in distinguishing

betwixt _confusion_ and _commixtion_. Confusion is an union of two

bodies, such as different liquors, where the parts become entirely

undistinguishable. Commixtion is the blending of two bodies, such as

two bushels of corn, where the parts remain separate in an obvious and

visible manner. As in the latter case the imagination discovers not so

entire an union as in the former, but is able to trace and preserve

a distinct idea of the property of each; this is the reason why the

_civil_ law, though it established an entire community in the case of

_confusion_, and after that a proportional division, yet in the case of

_commixtion_, supposes each of the proprietors to maintain a distinct

right; however, necessity may at last force them to submit to the same

division. _Quod si frumentum Titii frumento tuo mistum fuerit: siquidem

ex voluntate vestra, communc est: quia singula corpora, id est, singula

grana, quæ a cujusque propria fuerunt, ex consensu vestro communicata

sunt. Quod si casu id mistum fuerit, vel Titius id miscuerit sine

tua voluntate, non videtur id communc esse; quia singula corpora

in sua substantia durant. Sed nec magis istis casibus commune sit

frumentum quam grex intelligitur esse communis, si pecora Titii tuis

pecoribus mista fuerint. Sed si ab alterutro vestrum totum id frumentum

retineatur, in rem quidem actio pro modo frumenti cujusque competit.

Arbitrio autem judicis, ut ipse æstimet quale cujusque frumentum

fuerit_. Inst. Lib. II. Tit I. § 28.

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.

But of all the questions of this kind, the most curious is that which

for so many ages divided the disciples of _Proculus_ and _Sabinus_.

Suppose a person should make a cup from the metal of another, or a ship

from his wood, and suppose the proprietor of the metal or wood should

demand his goods, the question is, whether he acquires a title to the

cup or ship. _Sabinus_ maintained the affirmative, and asserted, that

the substance or matter is the foundation of all the qualities; that

it is incorruptible and immortal, and therefore superior to the form,

which is casual and dependent. On the other hand, _Proculus_ observed,

that the form is the most obvious and remarkable part, and that from

it bodies are denominated of this or that particular species. To which

he might have added, that the matter or substance is in most bodies

so fluctuating and uncertain, that 'tis utterly impossible to trace

it in all its changes. For my part, I know not from what principles

such a controversy can be certainly determined. I shall therefore

content myself with observing, that the decision of _Trebonian_ seems

to me pretty ingenious; that the cup belongs to the proprietor of the

metal, because it can be brought back to its first form: but that the

ship belongs to the author of its form, for a contrary reason. But,

however ingenious this reason may seem, it plainly depends upon the

fancy, which, by the possibility of such a reduction, finds a closer

connexion and relation betwixt a cup and the proprietor of its metal,

than betwixt a ship and the proprietor of its wood, where the substance

is more fixed and unalterable.

[6] In examining the different titles to authority in government,

we shall meet with many reasons to convince us that the right of

succession depends, in a great measure, on the imagination. Meanwhile I

shall rest contented with observing one example, which belongs to the

present subject. Suppose that a person die without children, and that

a dispute arises among his relations concerning his inheritance; 'tis

evident, that if his riches be derived partly from his father, partly

from his mother, the most natural way of determining such a dispute

is, to divide his possessions, and assign each part to the family from

whence it is derived. Now, as the person is supposed to have been

once the full and entire proprietor of those goods, I ask, what is it

makes us find a certain equity and natural reason in this partition,

except it be the imagination? His affection to these families does not

depend upon his possessions; for which reason his consent can never be

presumed precisely for such a partition. And as to the public interest,

it seems not to be in the least concerned on the one side or the other.

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 · 第 3 / 14 章