This
requires an omnilateral or universal will, which is not contingent,
but a priori, and which is therefore necessarily united and
legislative. Only in accordance with such a principle can there be
agreement of the active free-will of each individual with the
freedom of all, and consequently rights in general, or even the
possibility of an external mine and thine.
15. It is Only within a Civil Constitution that Anything can
be Acquired Peremptorily, whereas in the State of Nature
Acquisition can only be Provisory.
A civil constitution is objectively necessary as a duty, although
subjectively its reality is contingent. Hence, there is connected with
it a real natural law of right, to which all external acquisition is
subjected.
The empirical title of acquisition has been shown to be
constituted by the taking physical possession (apprehensio physica) as
founded upon an original community of right in all to the soil. And
because a possession in the phenomenal sphere of sense can only be
subordinated to that possession which is in accordance with rational
conceptions of right, there must correspond to this physical act of
possession a rational mode of taking possession by elimination of
all the empirical conditions in space and time.
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