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55

α) Physical seizure, on its sensuous side — in that I am immediately present in this possessing, and my will is thereby equally recognizable — is the most complete mode, but is on the whole only subjective, temporary in duration and limited in scope, as well as highly restricted by the qualitative nature of the objects concerned. – Through the connection into which I can bring something with other things already my own elsewhere, or which otherwise comes about by chance, — through other forms of mediation, the scope of this taking of possession is somewhat extended.

Mechanical forces, weapons, and instruments extend the range of my power. – Connections, such as that of a sea or river washing my land, of ground suitable for hunting, pasturage, or other use bordering on my fixed property, of stones and other mineral deposits beneath my field, of treasures in or beneath my landed property, and so forth, or connections which occur only in time and by chance, such as part of the so-called natural accessions, alluvion and the like, and also flotsam — foetura [offspring, increase] is indeed an accession to my estate, but, as an organic relation, is no external addition to another thing already possessed by me, and is therefore of quite a different kind from the other accessions — are, in part, easier and, in part, exclusive possibilities of taking something into possession or of using it, available to one possessor as against another; in part, the thing added may be regarded as a dependent accident of the thing to which it has been added. These are, on the whole, external connections which do not have the concept and vitality as their bond. They therefore fall to the understanding, for the marshalling and weighing of reasons and counter-reasons, and to positive legislation for decision, according to a greater or lesser degree of essentiality or inessentiality in the relations concerned.

DE ES

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2 responses to “55”

  1. Hegel (Notes) Avatar
    Hegel (Notes)

    External taking possession is imperfect, incomplete in general. – Man takes possession, has property – as a thinking man. – What he, as thinking, wills, is the whole, the universal – not merely for now – as here in this place (my hand -) just as I hold a staff in my hand only at one point. What I possess as a universal thing, I can possess only through universal will – I am subjectively determined as universal will – transition into contract –
    Every individual thing is at once something reaching further – an external connection – or an organic one – Foetura – fruit – the young of animals.
    Furthermore I have the thing in possession – with the whole range of the conditions of its use – servitus luminum – a field in the midst of others – must have a way – an external connection in which alone it is usable, for use is the main thing – see below – the proper consequence of the necessity of use.

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

    Taking possession is of an entirely particularized kind: I take possession of no more than what I touch with my body, but the second point is at once that external things have a greater extension than I can grasp. In that I thereby possess something, another thing is also connected with it. I exercise the taking of possession through the hand, but the range of this can be extended. The hand is this great organ which no animal has, and what I grasp with it can itself become a means by which I reach further. When I possess something, the understanding at once proceeds to the view that not merely what is immediately possessed, but what is connected with it, is mine. Here positive law must make its determinations, for nothing further can be derived from the concept.

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