FREE BOOKS

Author's List




PREV.   NEXT  
|<   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   >>  
much depends on those connexions of the imagination, and that the relation to a former proprietor begetting a relation to the object, is the cause why the property is transferred to a man after the death of his kinsman. It is true; industry is more encouraged by the transference of possession to children or near relations: but this consideration will only have place in a cultivated society; whereas the right of succession is regarded even among the greatest Barbarians. Acquisition of property by accession can be explained no way but by having recourse to the relations and connexions of the imaginations. The property of rivers, by the laws of most nations, and by the natural turn of our thoughts, is attributed to the proprietors of their banks, excepting such vast rivers as the Rhine or the Danube, which seem too large to follow as an accession to 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 of a suitable bulk to correspond with them, and bear them such a relation in the fancy. The accessions, which are made to land, 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 assist the imagination in the conjunction. Where there is any considerable portion torn at once from one bank and added to another, it becomes not his property, whose land it falls on, till it unite with the land, and till the trees and plants have spread their roots into both. Before that, the thought does not sufficiently join them. In short, we must ever distinguish between the necessity of a separation and constancy in men's possession, and the rules, which assign particular objects to particular persons. The first necessity is obvious, strong, and invincible: the latter may depend on a public utility more light and frivolous, on the sentiment of private humanity and aversion to private hardship, on positive laws, on precedents, analogies, and very fine connexions and turns of the imagination.] We may just observe, before we conclude this subject, that after the laws of justice are fixed by views of
PREV.   NEXT  
|<   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   >>  



Top keywords:
property
 

rivers

 

imagination

 
connexions
 
relation
 
private
 

accession

 

follow

 

necessity

 

nation


possession
 
relations
 

Before

 

spread

 

distinguish

 

thought

 

proprietor

 

plants

 

sufficiently

 

begetting


portion
 

considerable

 

conjunction

 
object
 

precedents

 
analogies
 
positive
 

hardship

 

humanity

 

aversion


justice

 

subject

 
conclude
 
observe
 

sentiment

 
frivolous
 

objects

 

persons

 

assign

 

constancy


assist

 

obvious

 
public
 

utility

 
depend
 
depends
 

strong

 

invincible

 
separation
 

natural