SECTION IV.

OF THE TRANSFERENCE OF PROPERTY BY CONSENT.

However useful, or even necessary, the stability of possession may be

to human society, 'tis attended with very considerable inconveniences.

The relation of fitness or suitableness ought never to enter into

consideration, in distributing the properties of mankind; but we must

govern ourselves by rules which are more general in their application,

and more free from doubt and uncertainty. Of this kind is _present_

possession upon the first establishment of society; and afterwards

_occupation, prescription, accession_, and _succession_. As these

depend very much on chance, they must frequently prove contradictory

both to men's wants and desires; and persons and possessions must often

be very ill adjusted. This is a grand inconvenience, which calls for a

remedy. To apply one directly, and allow every man to seize by violence

what he judges to be fit for him, would destroy society; and therefore

the rules of justice seek some medium betwixt a rigid stability and

this changeable and uncertain adjustment. But there is no medium

better than that obvious one, that possession and property should

always be stable, except when the proprietor consents to bestow them on

some other person. This rule can have no ill consequence in occasioning

wars and dissensions, since the proprietor's consent, who alone is

concerned, is taken along in the alienation; and it may serve to many

good purposes in adjusting property to persons. Different parts of the

earth produce different commodities; and not only so, but different

men both are by nature fitted for different employments, and attain

to greater perfection in any one, when they confine themselves to it

alone. All this requires a mutual exchange and commerce; for which

reason the translation of property by consent is founded on a law of

nature, as well as its stability without such a consent.

So far is determined by a plain utility and interest. But perhaps 'tis

from more trivial reasons, that _delivery_, or a sensible transference

of the object, is commonly required by civil laws, and also by the laws

of nature, according to most authors, as a requisite circumstance in

the translation of property. The property of an object, when taken for

something real, without any reference to morality, or the sentiments of

the mind, is a quality perfectly insensible, and even inconceivable;

nor can we form any distinct notion, either of its stability or

translation. This imperfection of our ideas is less sensibly felt with

regard to its stability, as it engages less our attention, and is

easily past over by the mind, without any scrupulous examination. But

as the translation of property from one person to another is a more

remarkable event, the defect of our ideas becomes more sensible on that

occasion, and obliges us to turn ourselves on every side in search of

some remedy. Now, as nothing more enlivens any idea than a present

impression, and a relation betwixt that impression and the idea; 'tis

natural for us to seek some false light from this quarter. In order

to aid the imagination in conceiving the transference of property, we

take the sensible object, and actually transfer its possession to the

person on whom we would bestow the property. The supposed resemblance

of the actions, and the presence of this sensible delivery, deceive the

mind, and make it fancy that it conceives the mysterious transition of

the property. And that this explication of the matter is just, appears

hence, that men have invented a _symbolical_ delivery, to satisfy the

fancy where the real one is impracticable. Thus the giving the keys of

a granary, is understood to be the delivery of the corn contained in

it: the giving of stone and earth represents the delivery of a manor.

This is a kind of superstitious practice in civil laws, and in the laws

of nature, resembling the _Roman Catholic_ superstitions in religion.

As the _Roman Catholics_ represent the inconceivable mysteries of the

_Christian_ religion, and render them more present to the mind, by

a taper, or habit, or grimace, which is supposed to resemble them;

so lawyers and moralists have run into like inventions for the same

reason, and have endeavoured by those means to satisfy themselves

concerning the transference of property by consent.

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 4 / 14 章