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Kant, Immanuel

"The Science Of Right"

Hence, according to SS 4, a rational possession
(possessio noumenon) must be assumed as possible, if there is to be
rightly an external mine and thine. Empirical possession is thus
only phenomenal possession or holding (detention) of the object in the
sphere of sensible appearance (possessio phenomenon), although the
object which I possess is not regarded in this practical relation as
itself a phenomenon- according to the exposition of the Transcendental
Analytic in the Critique of Pure Reason- but as a thing in itself. For
in the Critique of Pure Reason the interest of reason turns upon the
theoretical knowledge of the nature of things and how far reason can
go in such knowledge. But here reason has to deal with the practical
determination of the action of the will according to laws of
freedom, whether the object is perceivable through the senses or
merely thinkable by the pure understanding. And right, as under
consideration, is a pure practical conception of the reason in
relation to the exercise of the will under laws of freedom.
And, hence, it is not quite correct to speak of "possessing" a right
to this or that object, but it should rather be said that an object is
possessed in a purely juridical way; for a right is itself the
rational possession of an object, and to "possess a possession," would
be an expression without meaning.


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