第 16 节
作者:
寻找山吹 更新:2024-04-07 21:07 字数:9321
as much industry to produce it; or even to put it into the hands of
others; as may be equivalent to the industry or labour required for
the acquisition of the goods or wares or merchandise; as natural or
artificial products; for which it is exchanged。 For if it were
easier to procure the material which is called money than the goods
that are required; there would be more money in the market than
goods to be sold; and because the seller would then have to expend
more labour upon his goods than the buyer on the equivalent; the money
coming in to him more rapidly; the labour applied to the preparation
of goods and industry generally; with the industrial productivity
which is the source of the public wealth; would at the same time
dwindle and be cut down。 Hence bank notes and assignations are not
to be regarded as money; although they may take its place by way of
representing it for a time; because it costs almost no labour to
prepare them; and their value is based merely upon the opinion
prevailing as to the further continuance of the previous possibility
of changing them into ready money。 But on its being in any way found
out that there is not ready money in sufficient quantity for easy
and safe conversion of such notes or assignations; the opinion gives
way; and a fall in their value becomes inevitable。 Thus the industrial
labour of those who work the gold and silver mines in Peru and Mexico…
especially on account of the frequent failures in the application of
fruitless efforts to discover new veins of these precious metals… is
probably even greater than what is expended in the manufacture of
goods in Europe。 Hence such mining labour; as unrewarded in the
circumstances; would be abandoned of itself; and the countries
mentioned would in consequence soon sink into poverty; did not the
industry of Europe; stimulated in turn by these very metals;
proportionally expand at the same time so as constantly to keep up the
zeal of the miners in their work by the articles of luxury thereby
offered to them。 It is thus that the concurrence of industry with
industry; and of labour with labour; is always maintained。
But how is it possible that what at the beginning constituted only
goods or wares; at length became money? This has happened wherever a
sovereign as great and powerful consumer of a particular substance;
which he at first used merely for the adornment and decoration of
his servants and court; has enforced the tribute of his subjects in
this kind of material。 Thus it may have been gold; or silver; or
copper; or a species of beautiful shells called cowries; or even a
sort of mat called makutes; as in Congo; or ingots of iron; as in
Senegal; or Negro slaves; as on the Guinea Coast。 When the ruler of
the country demanded such things as imposts; those whose labour had to
be put in motion to procure them were also paid by means of them;
according to certain regulations of commerce then established; as in a
market or exchange。 As it appears to me; it is only thus that a
particular species of goods came to be made a legal means of
carrying on the industrial labour of the subjects in their commerce
with each other; and thereby forming the medium of the national
wealth。 And thus it practically became money。
The rational conception of money; under which the empirical
conception is embraced; is therefore that of a thing which; in the
course of the public permutation or exchange of possessions
(permutatio publica); determines the price of all the other things
that form products or goods… under which term even the sciences are
included; in so far as they are not taught gratis to others。 The
quantity of it among a people constitutes their wealth (opulentia)。
For price (pretium) is the public judgement about the value of a
thing; in relation to the proportionate abundance of what forms the
universal representative means in circulation for carrying on the
reciprocal interchange of the products of industry or labour。* The
precious metals; when they are not merely weighed but also stamped
or provided with a sign indicating how much they are worth; form legal
money; and are called coin。
*Hence where commerce is extensive neither gold nor copper is
specially used as money; but only as constituting wares; because there
is too little of the first and too much of the second for them to be
easily brought into circulation; so as at once to have the former in
such small pieces as are necessary in payment for particular goods and
not to have the latter in great quantity in case of the smallest
acquisitions。 Hence silver… more or less alloyed with copper… is taken
as the proper material of money and the measure of the calculation
of all prices in the great commercial intercommunications of the
world; and the other metals… and still more non…metalic substances…
can only take its place in the case of a people of limited commerce。
According to Adam Smith: 〃Money has become; in all civilized
nations; the universal instrument of commerce; by the intervention
of which goods of all kinds are bought and sold or exchanged for one
another。〃 This definition expands the empirical conception of money to
the rational idea of it; by taking regard only to the implied form
of the reciprocal performances in the onerous contracts; and thus
abstracting from their matter。 It is thus conformable to the
conception of right in the permutation and exchange of the mine and
thine generally (commutatio late sic dicta)。 The definition;
therefore; accords with the representation in the above synopsis of
a dogmatic division of contracts a priori; and consequently with the
metaphysical principle of right in general。
II。 What is a Book?
A book is a writing which contains a discourse addressed by some one
to the public; through visible signs of speech。 It is a matter of
indifference to the present considerations whether it is written by
a pen or imprinted by types; and on few or many pages。 He who speaks
to the public in his own name is the author。 He who addresses the
writing to the public in the name of the author is the publisher。 When
a publisher does this with the permission or authority of the
author; the act is in accordance with right; and he is the rightful
publisher; but if this is done without such permission or authority;
the act is contrary to right; and the publisher is a counterfeiter
or unlawful publisher。 The whole of a set of copies of the original
document is called an edition。
The Unauthorized Publishing of Books is Contrary to the
Principles of Right; and is Rightly Prohibited。
A writing is not an immediate direct presentation of a conception;
as is the case; for instance; with an engraving that exhibits a
portrait; or a bust or cast by a sculptor。 It is a discourse addressed
in a particular form to the public; and the author may be said to
speak publicly by means of his publisher。 The publisher; again; speaks
by the aid of the printer as his workman (operarius); yet not in his
own name; for otherwise he would be the author; but in the name of the
author; and he is only entitled to do so in virtue of a mandate
given him to that effect by the author。 Now the unauthorized printer
and publisher speaks by an assumed authority in his publication; in
the name indeed of the author; but without a mandate to that effect
(gerit se mandatarium absque mandato)。 Consequently such an
unauthorized publication is a wrong committed upon the authorized
and only lawful publisher; as it amounts to a pilfering of the profits
which the latter was entitled and able to draw from the use of his
proper right (furtum usus)。 Unauthorized printing and publication of
books is; therefore; forbidden… as an act of counterfeit and piracy…
on the ground of right。
There seems; however; to be an impression that there is a sort of
common right to print and publish books; but the slightest
reflection must convince any one that this would be a great injustice。
The reason of it is found simply in the fact that a book; regarded
from one point of view; is an external product of mechanical art (opus
mechanicum); that can be imitated by any one who may be in rightful
possession of a copy; and it is therefore his by a real right。
But; from another point of view; a book is not merely an external
thing; but is a discourse of the publisher to the public; and he is
only entitled to do this publicly under the mandate of the author
(praestatio operae); and this constitutes a personal right。 The
error underlying the impression referred to; therefore; arises from an
interchange and confusion of these two kinds of right in relation to
books。
Confusion of Personal Right and Real Right。
The confusion of personal right with real right may be likewise
shown by reference to a difference of view in connection with
another contract; falling under