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abandonment acquired admitted allowed argue argument attributes becomes belonged Burr century claim common law compensation composition conceded conclusion consent consideration considered constitute copy corporeal Court created creation denied derived determined distinction doctrine doctrine of eminent eminent domain England English entitled equally essential exclusive existence express expressly fruits give given Government Grotius hath identity implied incorporeal intellectual intention interfere judges Justice labor land latter learned legislation legislature limitations literary productions literary property Locke Look Lord lost by publication maintained manuscript marked material means mode multiply musical natural natural law necessary needed origin owner ownership perpetuity person possession preserved principle private property productions profit proprietary protect published Pufendorf purchase question reason recognized right of property sanction says sound species statute taken taking term theory thing thought tion true wholly writers written
19 ページ - Thus the grass my horse has bit; the turfs my servant has cut; and the ore I have digged in any place, where I have a right to them in common with others, become my property, without the assignation or consent of any body. The labour that was mine, removing them out of that common state they were in, hath fixed my property in them.
18 ページ - Though the earth and all inferior creatures be common to all men, yet every man has a property in his own person. This nobody has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever, then, he removes out of the state that nature hath provided and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property.
18 ページ - Whatsoever, then, he removes out of the state that nature hath provided and left it in, he hath mixed his labour with, and joined to it something that is his own. and thereby makes it his property. It being by him removed from the common state nature hath placed it in, it hath by this labour something annexed to it that', excludes the common right of other men.
18 ページ - Thus this law of reason makes the deer that Indian's who hath killed it; it is allowed to be his goods who hath bestowed his labour upon it, though before it was the common right of every one.
34 ページ - It is just that another should not use his name without his consent. It is fit that he should judge when to publish, or whether he ever will publish. It is fit he should not only choose the time, but the manner of publication ; how many; what volume; what print. It is fit he should choose to whose care he will trust the accuracy and correctness of the impression ; in whose honesty he will confide not to foist in additions: with other reasonings of the same effect.
18 ページ - And amongst those who are counted the civilized part of mankind, who have made and multiplied positive laws to determine property, this original law of Nature for the beginning of property, in what was before common, still takes place, and by virtue thereof, what fish any one catches in the ocean, that great and still remaining common of mankind; or what...
34 ページ - no disposition, no transfer of paper upon which the composition is written, marked, or impressed, (though it gives the power to print and publish...
34 ページ - But if it does not belong to him after; where is the common law to be found, which says " there is such a property before ?" all the metaphysical subtilties from the nature of the thing may be equally objected to the property before. It is incorporeal : it relates to ideas detached from any physical existence.. There are no indicia : another may have had the same thoughts upon the same subject, and expressed them in the same language nrbatim.
18 ページ - And even amongst us, the hare that any one is hunting is thought his who pursues her during the chase. For being a beast that is still looked upon as common, and no man's private possession, whoever has...