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64

The form given to possession, and the sign, are themselves external circumstances, without the subjective presence of the will, which alone constitutes their meaning and value. But this presence — which is the use, utilization, or other manifestation of the will — falls within time, with respect to which objectivity consists in the continuance of this manifestation. Without this, the thing, abandoned by the actuality of will and possession, becomes ownerless; I therefore lose or acquire property through prescription.

Prescription has therefore not been introduced into the law merely out of an external consideration, contrary to strict right, that of cutting off the disputes and confusions which old claims might otherwise bring into the security of property, and so forth. Rather, prescription is grounded in the determination of the reality of property, in the necessity that the will to have something manifest itself. – Public monuments are national property, or rather, like works of art in general with respect to use, they count, through the soul of remembrance and honor dwelling within them, as living and independent ends; but abandoned by this soul, they become, on this side, ownerless for a nation and fall into contingent private possession — as, for example, the Greek and Egyptian works of art in Turkey. – The private property right of a writer’s family in his productions likewise lapses for a similar reason; they become ownerless in the sense that (in a manner opposite to that of those monuments) they pass over into universal property, and, with respect to their particular use as things, into contingent private possession. – Bare land, consecrated for graves, or for its own sake to non-use for all eternity, contains an empty, non-present arbitrariness, by whose violation nothing actual is violated, and whose observance can therefore also not be guaranteed.

DE ES

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2 responses to “64”

  1. Hegel (Notes) Avatar
    Hegel (Notes)

    [zu § 64] Continuing declaration of the will – otherwise regarded as having abandoned the thing.
    [§] 64. Alienation through non-use – [§] 65 express [alienation].
    If he had merely regarded it as ownerless – but it is not actually so? – it is precisely to the actuality of property that externality and visibility belong.

    [zu § 64 Anm.] Belongs to value – prescription through the disappearance of value – likewise the private property of writers – movable values – change of value in general.
    α) physical. Marble statues for lime-burning, metal, old iron, golden and silver vessels.
    β) spiritual value – form.
    Prescription – of monuments of art – no longer have their original value, pretium affectionis, which lies in the specific need that I satisfy in them – images of gods – a palladium, a s[t]one fallen from heaven, an ἀχειϱοποίητον [not made by hands] – of infinite value – to this specific thing the welfare of a people is bound –
    – The nation whose spiritual property they were has given them up.
    If these needs – e.g. also scientific ones, with regard to fine instruments [-] have ceased, they no longer have value – no longer a possibility – Otherwise, Gaius
    Church goods, mass-endowments – eternal lamps – recede into the significance of ordinary goods, things – are not determinate private property, but belong to the community, for use for its own good
    A printed book can be copied by anyone – it is a value[?], an asset § 69 Rem., which the author does not intend to alienate together with the individual copy – my manuscript has cost me an entirely different expenditure – time, trouble, etc. – than it costs the one who buys a copy; – I sell – and I want to retain the value – in another form, namely money – This is now indeterminable – spiritual in any case – the value is torn from me through unauthorized reprinting –
    The worst novel can, in this respect, have more value than the most thorough book – value depends first of all on sale, on the taste of the public –
    My nearer (quantitative) property – what is mine in it is my spirit, talent –
    I remain, to that extent, master over it, to improve it, to alter it – to that extent it still remains in connection with my own most personal spirituality – and to multiply it thus, or reworked, is my affair – As long as I am alive, I am capable of this – afterward, for a pious purpose –
    If a public prefers an older edition, and the author has the obstinacy to offer only his new one, then the public can supply its need by such means. It is essential here that it is the need of the public that has the right to demand its satisfaction. – If now [it is] merely a commodity, a means of satisfying the need – without any further contribution or possibility of spiritual addition, of spiritual peculiarity – then it has become a mere thing – if it comes out anew, [this] proves that I still approve of it now, [that] it is my present stage of spiritual formation – that I now present myself thus. It is a representation of my art and skill)
    [below:] m[y] consent to appear thus.

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

    Prescription rests on the presumption that I have ceased to regard the thing as mine. For in order that something remain mine, a continuation of my will is required, and this shows itself through use or preservation. – The loss of the value of public monuments proved itself frequently, at the time of the Reformation, in the case of mass-endowments. The spirit of the old confession, that is, of the mass-endowments, had flown away, and they could therefore be taken into possession as property.

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