That the thing belongs to whoever happens to be first in time to take possession of it is, since a second party cannot take into possession what is already another’s property, a determination that is self-evident and superfluous.
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3 responses to “50”
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Difference of time – Not because he is the first, but because he has taken it into possession – If another comes, this one is indeed a second and that one a first – external determinations – that one is the owner
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The determinations so far have chiefly concerned the proposition that personality must have existence in property. That the first taker of possession is also the owner follows from what has been said. The first is not the rightful owner because he is the first, but because he is free will, for it is only through another coming after him that he becomes the first.
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§ 50: Whoever comes first
Someone takes possession of a thing. Then a second person comes. Can he take it too?
No. The thing already belongs to the first. That goes without saying.
But why does it belong to him?
Not because he was there earlier. He placed his will into the thing. That makes him the owner. He only becomes the “first” because a second one comes. The order in time is only an outer result of this.
Summary: The thing belongs to whoever took possession of it. The reason is his free will, not the time on the clock.
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