《道德原则研究·附录三·关于正义的若干补论》第6节
[休谟自注] That there be a separation or distinction of possessions, and that this separation be steady and constant; this is absolutely required by the interests of society, and hence the origin of justice and property. What possessions are assigned to particular persons; this is, generally speaking, pretty indifferent; and is often determined by very frivolous views and considerations. We shall mention a few particulars. Were a society formed among several independent members, the most obvious rule, which could be agreed on, would be to annex property to present possession, and leave every one a right to what he at present enjoys. The relation of possession, which takes place between the person and the object, naturally draws on the relation of property. For a like reason, occupation or first possession becomes the foundation of property. Where a man bestows labour and industry upon any object, which before belonged to no body; as in cutting down and shaping a tree, in cultivating a field, &c., the alterations, which he produces, causes a relation between him and the object, and naturally engages us to annex it to him by the new relation of property. This cause here concurs with the public utility, which consists in the encouragement given to industry and labour. Perhaps too, private humanity towards the possessor concurs, in this instance, with the other motives, and engages us to leave with him what he has acquired by his sweat and labour; and what he has flattered himself in the constant enjoyment of. For though private humanity can, by no means, be the origin of justice; since the latter virtue so often contradicts the former; yet when the rule of separate and constant possession is once formed by the indispensable necessities of society, private humanity, and an aversion to the doing a hardship to another, may, in a particular instance, give rise to a particular rule of property. I am much inclined to think, that the right succession or inheritance much depends on those connexions of the imagination, and that the relation to a former proprietor begetting a relation to the object, is the cause why the property is transferred to a man after the death of his kinsman. It is true; industry is more encouraged by the transference of possession to children or near relations: but this consideration will only have place in a cultivated society; whereas the right of succession is regarded even among the greatest Barbarians. Acquisition of property by accession can be explained no way but by having recourse to the relations and connexions of the imaginations. The property of rivers, by the laws of most nations, and by the natural turn of our thoughts, is attributed to the proprietors of their banks, excepting such vast rivers as the Rhine or the Danube, which seem too large to follow as an accession to the property of the neighbouring fields. Yet even these rivers are considered as the property of that nation, through whose dominions they run; the idea of a nation being of a suitable bulk to correspond with them, and bear them such a relation in the fancy. The accessions, which are made to land, bordering upon rivers, follow the land, say the civilians, provided it be made by what they call alluvion, that is, insensibly and imperceptibly; which are circumstances, that assist the imagination in the conjunction. Where there is any considerable portion torn at once from one bank and added to another, it becomes not his property, whose land it falls on, till it unite with the land, and till the trees and plants have spread their roots into both. Before that, the thought does not sufficiently join them. In short, we must ever distinguish between the necessity of a separation and constancy in men's possession, and the rules, which assign particular objects to particular persons. The first necessity is obvious, strong, and invincible: the latter may depend on a public utility more light and frivolous, on the sentiment of private humanity and aversion to private hardship, on positive laws, on precedents, analogies, and very fine connexions and turns of the imagination.
注释摘要
这段自注是休谟在附录三末尾留下的一个长篇补论，它的功能很明确：在已经论证正义起源于公共效用、并且正义的运作必须依赖全社会一致遵行的普遍规则之后，他要处理一个更具体的难题——财产的分配规则究竟是依据什么确立下来的。他在这里做了一个关键的双层次区分，这个区分如果被忽略，整章的论证就容易被误解。 休谟一开头就说，社会中必须有一种占有权的分离和区分，而且这种区分必…