| We shall briefly examine each of these, beginning with Occupation. |
| The possession of all external goods is changeable and uncertain; which is one of the most considerable impediments to the establishment of society, and is the reason why, by universal agreement, express or tacite, men restrain themselves by what we now call the rules of justice and equity. |
| The misery of the condition, which precedes this restraint, is the cause why we submit to that remedy as quickly as possible; and this affords us an easy reason, why we annex the idea of property to the first possession, or to occupation. |
| Men are unwilling to leave property in suspense, even for the shortest time, or open the least door to violence and disorder. |
| To which we may add, that the first possession always engages the attention most; and did we neglect it, there would be no colour of reason for assigning property to any succeeding possession. |
| [Footnote 16. Some philosophers account for the right of occupation, by saying, that every one has a property in his own labour; and when he joins that labour to any thing, it gives him the property of the whole: |
| But, 1.There are several kinds of occupation, where we cannot be said to join our labour to the object we acquire: As when we possess a meadow by grazing our cattle upon it. |
| 2. This accounts for the matter by means of accession; which is taking a needless circuit. |
| 3. We cannot be said to join our labour to any thing but in a figurative sense. |
| Properly speaking, we only make an alteration on it by our labour. |
| This forms a relation betwixt us and the object; and thence arises the property, according to the preceding principles.] |
| There remains nothing, but to determine exactly, what is meant by possession; and this is not so easy as may at first sight be imagined. |
| We are said to be in possession of any thing, not only when we immediately touch it, but also when we are so situated with respect to it, as to have it in our power to use it; and may move, alter, or destroy it, according to our present pleasure or advantage. |
| This relation, then, is a species of cause and effect; and as property is nothing but a stable possession, derived from the rules of justice, or the conventions of men, it is to be considered as the same species of relation. |
| But here we may observe, that as the power of using any object becomes more or less certain, according as the interruptions we may meet with are more or less probable; and as this probability may increase by insensible degrees; it is in many cases impossible to determine when possession begins or ends; nor is there any certain standard, by which we can decide such controversies. |
| A wild boar, that falls into our snares, is deemed to be in our possession, if it be impossible for him to escape. |
| But what do we mean by impossible? How do we separate this impossibility from an improbability? And how distinguish that exactly from a probability? Mark the precise limits of the one and the other, and shew the standard, by which we may decide all disputes that may arise, and, as we find by experience, frequently do arise upon this subject. |
| [Footnote 17. If we seek a solution of these difficulties in reason and public interest, we never shall find satisfaction; and If we look for it in the imagination, it is evident, that the qualities, which operate upon that faculty, run so insensibly and gradually into each other, that it is impossible to give them any precise bounds or termination. |
| The difficulties on this head must encrease, when we consider, that our judgment alters very sensibly, according to the subject, and that the same power and proximity will be deemed possession in one case, which is not esteemed such in another. |
| A person, who has hunted a hare to the last degree of weariness, would look upon it as an injustice for another to rush in before him, and seize his prey. |
| But the same person advancing to pluck an apple, that hangs within his reach, has no reason to complain, if another, more alert, passes him, and takes possession. |