第 6 节
作者:寻找山吹      更新:2024-04-07 21:07      字数:9321
  physical。 The possibility of such a possession; thus conceived;
  cannot; however; be proved or comprehended in itself; because it is
  a rational conception for which no empirical perception can be
  furnished; but it follows as an immediate consequence from the
  postulate that has been enunciated。 For; if it is necessary to act
  according to that juridical principle; the rational or intelligible
  condition of a purely juridical possession must also be possible。 It
  need astonish no one; then; that the theoretical aspect of the
  principles of the external mine and thine is lost from view in the
  rational sphere of pure intelligence and presents no extension of
  knowledge; for the conception of freedom upon which they rest does not
  admit of any theoretical deduction of its possibility; and it can only
  be inferred from the practical law of reason; called the categorical
  imperative; viewed as a fact。
  7。 Application of the Principle of the Possibility of
  an External Mine and Thine to Objects of Experience。
  The conception of a purely juridical possession is not an
  empirical conception dependent on conditions of space and time; and
  yet it has practical reality。 As such it must be applicable to objects
  of experience; the knowledge of which is independent of the conditions
  of space and time。 The rational process by which the conception of
  right is brought into relation to such objects so as to constitute a
  possible external mine and thine; is as follows。 The conception of
  right; being contained merely in reason; cannot be immediately applied
  to objects of experience; so as to give the conception of an empirical
  possession; but must be applied directly to the mediating
  conception; in the understanding; of possession in general; so that;
  instead of physical holding (detentio) as an empirical
  representation of possession; the formal conception or thought of
  having; abstracted from all conditions of space and time; is conceived
  by the mind; and only as implying that an object is in my power and at
  my disposal (in potestate mea positum esse)。 In this relation; the
  term external does not signify existence in another place than where I
  am; nor my resolution and acceptance at another time than the moment
  in which I have the offer of a thing: it signifies only an object
  different from or other than myself。 Now the practical reason by its
  law of right wills; that I shall think the mine and thine in
  application to objects; not according to sensible conditions; but
  apart from these and from the possession they indicate; because they
  refer to determinations of the activity of the will that are in
  accordance with the laws of freedom。 For it is only a conception of
  the understanding that can be brought under the rational conception of
  right。 I may therefore say that I possess a field; although it is in
  quite a different place from that on which I actually find myself。 For
  the question here is not concerning an intellectual relation to the
  object; but I have the thing practically in my power and at my
  disposal; which is a conception of possession realized by the
  understanding and independent of relations of space; and it is mine;
  because my will; in determining itself to any particular use of it; is
  not in conflict with the law of external freedom。 Now it is just in
  abstraction from physical possession of the object of my free…will
  in the sphere of sense; that the practical reason wills that a
  rational possession of it shall be thought; according to
  intellectual conceptions which are not empirical; but contain a priori
  the conditions of rational possession。 Hence it is in this fact;
  that we found the ground of the validity of such a rational conception
  of possession possessio noumenon) as a principle of a universally
  valid legislation。 For such a legislation is implied and contained
  in the expression; 〃This external object is mine;〃 because an
  obligation is thereby imposed upon all others in respect of it; who
  would otherwise not have been obliged to abstain from the use of
  this object。
  The mode; then; of having something external to myself as mine;
  consists in a specially juridical connection of the will of the
  subject with that object; independently of the empirical relations
  to it in space and in time; and in accordance with the conception of a
  rational possession。 A particular spot on the earth is not
  externally mine because I occupy it with my body; for the question
  here discussed refers only to my external freedom; and consequently it
  affects only the possession of myself; which is not a thing external
  to me; and therefore only involves an internal right。 But if I
  continue to be in possession of the spot; although I have taken myself
  away from it and gone to another place; only under that condition is
  my external right concerned in connection with it。 And to make the
  continuous possession of this spot by my person a condition of
  having it as mine; must either be to assert that it is not possible at
  all to have anything external as one's own; which is contrary to the
  postulate in SS 2; or to require; in order that this external
  possession may be possible; that I shall be in two places at the
  same time。 But this amounts to saying that I must be in a place and
  also not in it; which is contradictory and absurd。
  This position may be applied to the case in which I have accepted
  a promise; for my having and possession in respect of what has been
  promised become established on the ground of external right。 This
  right is not to be annulled by the fact that the promiser having
  said at one time; 〃This thing shall be yours;〃 again at a subsequent
  time says; 〃My will now is that the thing shall not be yours。〃 In such
  relations of rational right; the conditions hold just the same as if
  the promiser had; without any interval of time between them; made
  the two declarations of his will; 〃This shall be yours;〃 and also
  〃This shall not be yours〃; which manifestly contradicts itself。
  The same thing holds; in like manner; of the conception of the
  juridical possession of a person as belonging to the Having of a
  subject; whether it be a wife; a child; or a servant。 The relations of
  right involved in a household; and the reciprocal possession of all
  its members; are not annulled by the capability of separating from
  each other in space; because it is by juridical relations that they
  are connected; and the external mine and thine; as in the former
  cases; rests entirely upon the assumption of the possibility of a
  purely rational possession; without the accompaniment of physical
  detention or holding of the object。
  Reason is forced to a critique of its juridically practical function
  in special reference to the conception of the external mine and thine;
  by the antinomy of the propositions enunciated regarding the
  possibility of such a form of possession。 For these give rise to an
  inevitable dialectic; in which a thesis and an antithesis set up equal
  claims to the validity of two conflicting conditions。 Reason is thus
  compelled; in its practical function in relation to right… as it was
  in its theoretical function… to make a distinction between
  possession as a phenomenal appearance presented to the senses; and
  that possession which is rational and thinkable only by the
  understanding。
  Thesis。… The thesis; in this case; is: 〃It is possible to have
  something external as mine; although I am not in possession of it。〃
  Antithesis。… The antithesis is: 〃It is not possible to have anything
  external as mine; if I am not in possession of it。〃
  Solution。… The solution is: 〃Both Propositions are true〃; the former
  when I mean empirical possession (possessio phaenomenon); the latter
  when I understand by the same term; a purely rational possession
  (possessio noumenon)。
  But the possibility of a rational possession; and consequently of an
  external mine and thine; cannot be comprehended by direct insight; but
  must be deduced from the practical reason。 And in this relation it
  is specially noteworthy that the practical reason without
  intuitional perceptions; and even without requiring such an element
  a priori; can extend its range by the mere elimination of empirical
  conditions; as justified by the law of freedom; and can thus establish
  synthetical propositions a priori。 The proof of this in the
  practical connection; as will be shown afterwards; can be adduced in
  an analytical manner。
  8。 To Have Anything External as One's Own is only Possible
  in a Juridical or Civil State of Society under the
  Regulation of a Public Legislative Power。
  If; by word or deed; I declare my will that some external thing
  shall be mine; I make a declaration that every other person is obliged
  to abstain from the use of this object of my exercise of will; and
  this imposes an obligation which no one would be under; without such a
  juridical act on my part。 But the assumption