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46

Since in property my will becomes objective to me as a personal will, and thus as the will of a single individual, property acquires the character of private property, while common property – which by its nature can be possessed in separate portions – acquires the determination of a community that is in itself dissoluble, in which leaving my share [in it] remains a matter of arbitrary choice.

The use of elemental objects is, by its nature, incapable of being particularized into private possession. – The agrarian laws in Rome contain a struggle between communal and private ownership of land; the latter, as the more rational moment, had to gain the upper hand, even at the cost of other right. – Family entailed property contains a moment to which the right of personality, and hence of private property, is opposed. But the determinations concerning private property may have to be subordinated to higher spheres of right, to a community, to the state, as is the case in regard to the private character of property belonging to a so-called moral person, property in mortmain. Such exceptions, however, cannot be grounded in chance, in private arbitrariness or private benefit, but only in the rational organism of the state. – The idea of the Platonic state contains, as a universal principle, the wrong done to the person of being incapable of private property. The notion of a pious or friendly, and even a compulsory, fraternization of human beings involving community of goods and the banishment of the principle of private property may easily present itself to a cast of mind that fails to recognize the nature of the freedom of spirit and of right, and does not grasp it in its determinate moments. As for the moral or religious consideration, Epicurus dissuaded his friends from establishing such a community of goods, which they had intended to found, precisely on the ground that this would betray mistrust, and that those who mistrust one another are not friends (Diogenes Laërtius, X, VI).

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2 responses to “46”

  1. Hegel (Notes) Avatar
    Hegel (Notes)

    More precise determination.
    I as a single individual; – community only caprice – Thus everyone enters the state – as free – as idea in itself – absolute presupposition of every state – individual society of free persons – my actuality is private property – the state need not concern itself with intention – otherwise – family entails, guardianship – into eternity – free will of individuals – W. [?] – thus it is torn apart by the caprice of one individual – Mortmain, community, church, has private property, is recognized
    I as private owner – my right as a person
    Surrender of the person – not [in] having no private property – but something higher –
    α) Private property, because the person is single and I, as such, ought to be, to exist –
    β) Family property, when and as long as there is a real patriarchal family, not once it has fallen apart –
    γ) Community – churches, monasteries – essentially recognized by the state. – Community is commonality – the well, pastures – not inalienable – dependence on purposes, on determination – precisely the moral element of the person. English church – especially in Ireland – measuring possession by purpose, not by abstract personality – This purpose is subject to higher judgment and determination.
    α) Purpose is subject to a control, β) execution of this purpose
    English [church], no private property – property, why? because it was given to it by King William
    Does not even proceed thus itself.
    Slaves, serfs – are well provided for – Formerly public granaries – see Gagliani
    Toward development – true reality, actuality of freedom – that its idea, concept and reality, have themselves become free.
    Of the concept for itself (not yet here) – reality is personality
    Man is what he is through his subjective will – subjective will is that of the person – personality is only actual will – subjective will is only actual will as owner.
    Property: collision, envy, enmity, strife, wars
    Misery (apart from other passions) – falls away – people in peace and love – and all brothers [?] need property. Peace – of spirit alone – bringing itself forth out of infinite opposition.

  2. Eduard Gans (Additions) Avatar
    Eduard Gans (Additions)

    In property my will is personal, but the person is a this; hence property becomes the personal element of this will. Since I give my will existence through property, property must also have the determination of being this particular thing, of being mine. This is the important doctrine of the necessity of private property. If exceptions can be made by the state, it is nevertheless the state alone that can make them: frequently, however, particularly in our own time, private property has been restored again by the very same state. Thus, for example, many states have rightly abolished the monasteries, because a community ultimately does not have the same right to property as the person does.

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