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,

according to which, for the mere past enjoyment of a thing, there is

demanded the further recompense of the exclusive right to its future

enjoyment, is morally entirely without foundation. A new-comer might with

far better right reply to him who was depending upon such a right, “Just

because you have so long enjoyed, it is right that others should now enjoy

also.” No moral right can be established to the sole possession of

anything upon which labour cannot be expended, either in improving it or

in preserving it from harm, unless it be through a voluntary surrender on

the part of others, as a reward for other services. This, however, already

presupposes a community regulated by agreement—the State. The morally

established right of property, as we have deduced it above, gives, from

its nature, to the owner of a thing, the same unlimited power over it

which he has over his own body; and hence it follows that he can part with

his possessions to others either in exchange or as a gift, and they then

possess them with the same moral right as he did.

As regards the doing of wrong generally, it occurs either through violence

or through craft; it matters not which as far as what is morally essential

is concerned. First, in the case of murder, it is a matter of indifference

whether I make use of a dagger or of poison; and the case of every bodily

injury is analogous. Other cases of wrong can all be reduced to the fact

that I, as the doer of wrong, compel another individual to serve my will

instead of his own, to act according to my will instead of according to

his own. On the path of violence I attain this end through physical

causality, but on the path of craft by means of motivation, _i.e._, by

means of causality through knowledge; for I present to his will illusive

motives, on account of which he follows my will, while he believes he is

following his own. Since the medium in which the motives lie is knowledge,

I can only accomplish this by falsifying his knowledge, and this is the

_lie_. The lie always aims at influencing another’s will, not merely his

knowledge, for itself and as such, but only as a means, so far as it

determines his will. For my lying itself, inasmuch as it proceeds from my

will, requires a motive; and only the will of another can be such a

motive, not his knowledge in and for itself; for as such it can never have

an influence upon _my_ will, therefore it can never move it, can never be

a motive of its aim. But only the willing and doing of another can be

this, and his knowledge indirectly through it. This holds good not only of

all lies that have manifestly sprung from self-interest, but also of those

which proceed from pure wickedness, which seeks enjoyment in the painful

consequences of the error into which it has led another. Indeed, mere

empty boasting aims at influencing the will and action of others more or

less, by increasing their respect or improving their opinion of the

boaster. The mere refusal of a truth, _i.e._, of an assertion generally,

is in itself no wrong, but every imposing of a lie is certainly a wrong.

He who refuses to show the strayed traveller the right road does him no

wrong, but he who directs him to a false road certainly does. It follows

from what has been said, that every _lie_, like every act of violence, is

as such _wrong_, because as such it has for its aim the extension of the

authority of my will to other individuals, and so the assertion of my will

through the denial of theirs, just as much as violence has. But the most

complete lie is the _broken contract_, because here all the conditions

mentioned are completely and distinctly present together. For when I enter

into a contract, the promised performance of the other individual is

directly and confessedly the motive for my reciprocal performance. The

promises were deliberately and formally exchanged. The fulfilment of the

declarations made is, it is assumed, in the power of each. If the other

breaks the covenant, he has deceived me, and by introducing merely

illusory motives into my knowledge, he has bent my will according to his

intention; he has extended the control of his will to another individual,

and thus has committed a distinct wrong. On this is founded the moral

lawfulness and validity of the _contract_.

Wrong through violence is not so _shameful_ to the doer of it as wrong

through craft; for the former arises from physical power, which under all

circumstances impresses mankind; while the latter, by the use of

subterfuge, betrays weakness, and lowers man at once as a physical and

moral being. This is further the case because lying and deception can only

succeed if he who employs them expresses at the same time horror and

contempt of them in order to win confidence, and his victory rests on the

fact that men credit him with honesty which he does not possess. The deep

horror which is always excited by cunning, faithlessness, and treachery

rests on the fact that good faith and honesty are the bond which

externally binds into a unity the will which has been broken up into the

multiplicity of individuals, and thereby limits the consequences of the

egoism which results from that dispersion. Faithlessness and treachery

break this outward bond asunder, and thus give boundless scope to the

consequences of egoism.

In the connection of our system we have found that the content of the

concept of _wrong_ is that quality of the conduct of an individual in

which he extends the assertion of the will appearing in his own body so

far that it becomes the denial of the will appearing in the bodies of

others. We have also laid down, by means of very general examples, the

limits at which the province of wrong begins; for we have at once defined

its gradations, from the highest degree to the lowest, by means of a few

leading conceptions. According to this, the concept of wrong is the

original and positive, and the concept of right, which is opposed to it,

is the derivative and negative; for we must keep to the concepts, and not

to the words. As a matter of fact, there would be no talk of right if

there were no such thing as wrong. The concept right contains merely the

negation of wrong, and every action is subsumed under it which does not

transgress the limit laid down above, _i.e._, is not a denial of the will

of another for the stronger assertion of our own. That limit, therefore,

divides, as regards a purely _moral_ definition, the whole province of

possible actions into such as are wrong or right. Whenever an action does

not encroach, in the way explained above, on the sphere of the assertion

of will of another, denying it, it is not wrong. Therefore, for example,

the refusal of help to another in great need, the quiet contemplation of

the death of another from starvation while we ourselves have more than

enough, is certainly cruel and fiendish, but it is not wrong; only it can

be affirmed with certainty that whoever is capable of carrying unkindness

and hardness to such a degree will certainly also commit every wrong

whenever his wishes demand it and no compulsion prevents it.

But the conception of right as the negation of wrong finds its principal

application, and no doubt its origin, in cases in which an attempted wrong

by violence is warded off. This warding off cannot itself be wrong, and

consequently is right, although the violence it requires, regarded in

itself and in isolation, would be wrong, and is here only justified by the

motive, _i.e._, becomes right. If an individual goes so far in the

assertion of his own will that he encroaches upon the assertion of will

which is essential to my person as such, and denies it, then my warding

off of that encroachment is only the denial of that denial, and thus from

my side is nothing more than the assertion of the will which essentially

and originally appears in my body, and is already implicitly expressed by

the mere appearance of this body; consequently is not wrong, but right.

That is to say: I have then a right to deny that denial of another with

the force necessary to overcome it, and it is easy to see that this may

extend to the killing of the other individual, whose encroachment as

external violence pressing upon me may be warded off by a somewhat

stronger counteraction, entirely without wrong, consequently with right.

For all that happens from my side lies always within the sphere of the

assertion of will essential to my person as such, and already expressed by

it (which is the scene of the conflict), and does not encroach on that of

the other, consequently is only negation of the negation, and thus

affirmation, not itself negation. Thus if the will of another denies my

will, as this appears in my body and the use of its powers for its

maintenance, without denial of any foreign will which observes a like

limitation, I can _without wrong_ compel it to desist from such denial,

_i.e._, I have so far a _right of compulsion_.

In all cases in which I have a right of compulsion, a complete right to

use _violence_ against another, I may, according to the circumstances,

just as well oppose the violence of the other with _craft_ without doing

any wrong, and accordingly I have an actual _right to lie precisely so far

as I have a right of compulsion_. Therefore a man acts with perfect right

who assures a highway robber who is searching him that he has nothing more

upon him; or, if a burglar has broken into his house by night, induces him

by a lie to enter a cellar and then locks him in. A man who has been

captured and carried off by robbers, for example by pirates, has the right

to kill them not only by violence but also by craft, in order to regain

his freedom. Thus, also, a promise is certainly not binding when it has

been extorted by direct bodily violence, because he who suffers such

compulsion may with full right free himself by killing, and, _a fortiori_,

by deceiving his oppressor. Whoever cannot recover through force the

property which has been stolen from him, commits no wrong if he can

accomplish it through craft. Indeed, if some one plays with me for money

he has stolen from me, I have the right to use false dice against him,

because all that I win from him already belongs to me. Whoever would deny

this must still more deny the justifiableness of stratagem in war, which

is just an acted lie, and is a proof of the saying of Queen Christina of

Sweden, “The words of men are to be esteemed as nothing; scarcely are

their deeds to be trusted.” So sharply does the limit of right border upon

that of wrong. For the rest, I regard it as superfluous to show that all

this completely agrees with what was said above about the unlawfulness of

the lie and of violence. It may also serve to explain the peculiar theory

of the lie told under pressure.(75)

In accordance with what has been said, wrong and right are merely moral

determinations, _i.e._, such as are valid with regard to the consideration

of human action as such, and in relation _to the inner significance of

this action in itself_. This asserts itself directly in consciousness

through the fact that the doing of wrong is accompanied by an inward pain,

which is the merely felt consciousness of the wrong-doer of the excessive

strength of the assertion of will in itself, which extends even to the

denial of the manifestation of the will of another, and also the

consciousness that although he is different from the person suffering

wrong as far as the manifestation is concerned, yet in himself he is

identical with him. The further explanation of this inner significance of

all pain of conscience cannot be given till later. He who suffers wrong

is, on the other hand, painfully conscious of the denial of his will, as

it is expressed through the body and its natural requirements, for the

satisfaction of which nature refers him to the powers of his body; and at

the same time he is conscious that without doing wrong he might ward off

that denial by every means unless he lacks the power. This purely moral

significance is the only one which right and wrong have for men as men,

not as members of the State, and which consequently remains even when man

is in a state of nature without any positive law. It constitutes the basis

and the content of all that has on this account been named _natural law_,

though it is better called moral law, for its validity does not extend to

suffering, to the external reality, but only to the action of man and the

self-knowledge of his individual will which grows up in him from his

action, and which is called _conscience_. It cannot, however, in a state

of nature, assert itself in all cases, and outwardly upon other

individuals, and prevent might from reigning instead of right. In a state

of nature it depends upon every one merely to see that in every case he

_does_ no wrong, but by no means to see that in every case he _suffers_ no

wrong, for this depends on the accident of his outward power. Therefore

the concepts right and wrong, even in a state of nature, are certainly

valid and by no means conventional, but there they are valid merely as

_moral_ concepts, for the self-knowledge of one’s own will in each. They

are a fixed point in the scale of the very different degrees of strength

with which the will to live asserts itself in human individuals, like the

freezing-point on the thermometer; the point at which the assertion of

one’s own will becomes the denial of the will of another, _i.e._,

specifies through wrong-doing the degree of its intensity, combined with

the degree in which knowledge is involved in the _principium

individuationis_ (which is the form of all knowledge that is subject to

the will). But whoever wants to set aside the purely moral consideration

of human action, or denies it, and wishes to regard conduct merely in its

outward effects and their consequences, may certainly, with Hobbes,

explain right and wrong as conventional definitions arbitrarily assumed,

and therefore not existing outside positive law, and we can never show him

through external experience what does not belong to such experience.

Hobbes himself characterises his completely empirical method of thought

very remarkably by the fact that in his book “_De Principiis Geometrarum_”

he denies all pure mathematics properly so called, and obstinately

maintains that the point has extension and the line has breadth, and we

can never show him a point without extension or a line without breadth.

Thus we can just as little impart to him the _a priori_ nature of

mathematics as the _a priori_ nature of right, because he shuts himself

out from all knowledge which is not empirical.

The pure doctrine of right is thus a chapter of ethics, and is directly

related only to _action_, not to _suffering_; for only the former is the

expression of will, and this alone is considered by ethics. Suffering is

mere occurrence. Ethics can only have regard to suffering indirectly,

merely to show that what takes place merely to avoid suffering wrong is

itself no infliction of wrong. The working out of this chapter of ethics

would contain the precise definition of the limits to which an individual

may go in the assertion of the will already objectified in his body

without denying the same will as it appears in another individual; and

also the actions which transgress these limits, which consequently are

wrong, and therefore in their turn may be warded off without wrong. Thus

our own _action_ always remains the point of view of the investigation.

But the _suffering of wrong_ appears as an event in outward experience,

and in it is manifested, as we have said, more distinctly than anywhere

else, the phenomenon of the conflict of the will to live with itself,

arising from the multiplicity of individuals and from egoism, both of

which are conditioned through the _principium individuationis_, which is

the form of the world as idea for the knowledge of the individual. We also

saw above that a very large part of the suffering essential to human life

has its perennial source in that conflict of individuals.

The reason, however, which is common to all these individuals, and which

enables them to know not merely the particular case, as the brutes do, but

also the whole abstractly in its connection, has also taught them to

discern the source of that suffering, and induced them to consider the

means of diminishing it, or, when possible, of suppressing it by a common

sacrifice, which is, however, more than counterbalanced by the common

advantage that proceeds from it. However agreeable it is to the egoism of

the individual to inflict wrong in particular cases, this has yet a

necessary correlative in the suffering of wrong of another individual, to

whom it is a great pain. And because the reason which surveys the whole

left the one-sided point of view of the individual to which it belongs,

and freed itself for the moment from its dependence upon it, it saw the

pleasure of an individual in inflicting wrong always outweighed by the

relatively greater pain of the other who suffered the wrong; and it found

further, that because here everything was left to chance, every one had to

fear that the pleasure of conveniently inflicting wrong would far more

rarely fall to his lot than the pain of enduring it. From this reason

recognised that both in order to diminish the suffering which is

everywhere disseminated, and as far as possible to divide it equally, the

best and only means was to spare all the pain of suffering wrong by

renouncing all the pleasure to be obtained by inflicting it. This means is

the _contract of the state_ or _law_. It is easily conceived, and little

by little carried out by the egoism, which, through the use of reason,

proceeds methodically and forsakes its one-sided point of view. This

origin of the state and of law I have indicated was already exhibited as

such by Plato in the “Republic.” In fact, it is the essential and only

origin, determined by the nature of the matter. Moreover, in no land can

the state have ever had a different origin, because it is just this mode

of originating this aim that makes it a state. But it is a matter of

indifference whether, in each particular nation, the condition which

preceded it was that of a horde of savages independent of each other

(anarchy), or that of a horde of slaves ruled at will by the stronger

(despotism). In both cases there existed as yet no state; it first arose

through that common agreement; and according as that agreement is more or

less free from anarchy or despotism, the state is more or less perfect.

Republics tend to anarchy, monarchies to despotism, and the mean of

constitutional monarchy, which was therefore devised, tends to government

by factions. In order to found a perfect state, we must begin by providing

beings whose nature allows them always to sacrifice their own to the

public good. Till then, however, something may be attained through the

existence of _one_ family whose good is quite inseparable from that of the

country; so that, at least in matters of importance, it can never advance

the one without the other. On this rests the power and the advantage of

the hereditary monarchy.

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