David Hume

“ Thus the fruits of our garden, the offpring of our cattle, and the work of our slaves, are all of them esteem'd 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 suppos'd to be endow'd with the same qualities. We readily pass from one to the other, and make no difference in our judgments concerning them ”

“ Possession during a long tract of time conveys a title to any object. But as 'tis certain, that, however every
thing be produc'd in time, there is nothing real, that is produc'd by time; it follows, that property being produc'd 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. ”

“ In short, a small object naturally follows a great one as its accession; but a great one is never suppos'd 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. ”

“ 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. ”

“ Of the rules, which determine property.
Tho' the establishment of the rule, conceding 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 shewn, by which we may distinguish what particular goods are to be assign'd to each particular person, while the rest of mankind are excluded from their possession and enjoyment. ”

“ 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, tho' it establish'd 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 ”

“ 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 ”

“ 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 tacite, men restrain themselves by what we now call the rules of justice and equity. ”

“ 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 receiv'd 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 apply' d by particular judgments, but by other general rules, which must extend to the whole society, and be inflexible either by spite or favour. ”

“ I have already observ'd, 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 use than in the latter. ”

“ But we may observe, that tho' the rule of the assignment of property to the present possessor be natural, and by that or means useful, yet its utility extends not beyond the first formation of society; nor wou'd any thing be more pernicious, than the constant observance of it; by which restitution wou'd be excluded, and every injustice wou'd be authoriz'd and rewarded. We must, therefore, seek for some other circumstance, that may give rise to property after society is once establish'd; and of this kind, I find four most considerable, viz. Occupation, Prescription, Accession, and Succession. ”

“ Suppose that a person die without children, and that a dispute arises among is relations conceding his inheritance; 'tis evident, that if his riches be deriv'd 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 deriv'd. Now as the person is suppos'd 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? ”

“ 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 conjoin'd 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 compleat any union, 'twill easily be imagin'd, 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. ”

“ On the contrary, if he be only related to the small object, he will not be strongly related to both, consider'd 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. ”

“ Thus for instance, we never fail, in our arrangement of bodies, to place those which are resembling in continuity 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. ”

“ 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 wou'd result from society, they seek each other's company, and make an offer of mutual protection and assistance. ”

“ 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 discover'd it. 'Tis however remarkable, that both in the cue of discovery and that of possession, the first discoverer and possessor must join to the relation and intention of rendering himself proprietor, otherwise the relation will not have its effect ”

“ Here then it a pears, 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. ”

“ A person, who has hunted a hare to the last degree of weariness, wou`d 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 reach, has no reason to complain, ' 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 that ease a strong relation with the hunter, which is wanting in the other? ”

“ Suppose a person shou'd make a cup from the metal of another, or a ship from his wood, and suppose the proprietor of the metal or wood shou'd demand his goods, the question is, whether he acquires a title to the cup or ship. ”

“ From all these circumstances, 'tis easy to see how perplex'd many qestions 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 feign'd, we may consider the following one, which is to be met with in almost every writer, that has treated of the laws of nature. ”

“ 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 wou'd be absolutely incompatible with the peace of human society. The convention conceding the stability of possession is enter'd into, in order to cut off all occasions of discord and contention ”

“ When the mind is determin'd to join certain objects, but undetermin'd 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 wou'd require a very powerful reason to make us over-look this natural amnity. ”

“ The difficulties on this head must encrease, when we consider, that our judgment alters very sensibly, according to the subject, and that the same power and proximity will be deem'd possession in one case, which is not esteem'd such in another. ”

“ If it be natural to conjoin all sorts of relations, 'tis more so, to conjoin such relations as are resembling, and are related together. ↑ 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, 1. There are several kmds of occupation, where we cannot be sud to join our labour to the object we acquire: Aswhen wepossessameadow by grazing our cattle upon it. 2. This accounts for the matter by means of accession; which is taking a needless circuit. ”

“ What has long lain under our eye, and has often been employ'd to our advantage, that we are always the most unwilling to part with; but can easily live without possessions, which we never have enjoy'd, and are not accustom'd to. 'Tis evident, therefore, that men wou'd easily acquiesce in this expedient, that every one continue to enjoy what he is at present possess'd of ”