Chapter III: On the Object of Right

I. What Things Can Become One's Own, What Cannot. 1. Never can the person himself, but only a thing, pertain to a man as his own. Of themselves all things can become one's own: exterior things and the powers of the body, members; not only material things but also immaterial things, say our higher faculties; not only things physically existing, but also beings of reason, or things which are in moral estimation, e.g. reputation.

Of themselves, I say. For law can place certain things outside commerce, so that they cannot come into the private or quasi-private dominion of anyone: say streets, in civil law.

Nevertheless, several things can be the object only of imperfect dominion. Thus full dominion of the body and faculties is reserved to God, while merely useful dominion has been conceded to man. Reputation, however, is situated in the perfect dominion of man.

Nor can all things be possessed by all. Thus full useful dominion of faculties, powers, and life cannot belong to another than the man who is constituted from them. Thus also certain sacred things can be excluded from the dominion of laymen by ecclesiastical authority. But what parts of the useful dominion of a person can be possessed by others is established differently in different laws and periods of time. Once a very ample power over slaves was conceded, while today very slight power belonging to another is conceded by civil law, since human works cannot be leased in perpetuity; nor can one who has promised works be compelled against his will to furnish them, but is held only to damages for the refused work.

2. Not only things, but also rights concerning things can be possessed.

Indeed, only concerning perfect dominion can it indifferently be said either that the thing itself or the dominion of the thing is had. When dominion is imperfect, the right rather, or more directly, than the thing itself is situated in our dominion. Wherefore, since the English deny that perfect dominion of an immovable thing can be had, they quite logically designate by the name estate the quantity of right possessed, and speak of estate rather than of the things themselves.

3. Certain things could not be or become one's own without positive law. Thus those rights of exclusively publishing a book or making machines, which are often designated by the common name of authors' dominion. Concerning these things, which daily increase in number, cf. what is to be said about Monopolies.

II. How Things Are Divided. Moreover, some things are movable, which move themselves or can easily be moved from place; others are immovable. But some things are called immovable by their own nature, whether of themselves, as fields, houses, or as adhering to an immovable thing, as such: for example, mirrors inserted into a wall; others are such as assigned to the service or utility, for example, of an estate: thus instruments and animals deputed to cultivating a rural estate are called immovable by their destination.

That division is transferred in several laws to the rights themselves, so that rights which affect an immovable thing are called immovable, and rights which affect a movable thing are called movable. Wherefore they are called immovable by object of application.

Therefore attention must be given to what the laws have concerning that division, and what jurists pronounce concerning the sense of the laws.

Some things are fungible, others non-fungible. Fungible things are determined by genus; non-fungible things by individual body. Circumstances can effect that the same thing, for the most part fungible, must by accident be treated as non-fungible, and conversely.

Some things are consumptible, which by first use are naturally or civilly (as monies are) consumed: their use is said to consist in abuse. Other things are not consumptible.

— I. 1. Only things, never persons, can become one's own. Of themselves all things can become one's own: both material and immaterial; both physically existing and beings of reason, of which moral estimation is had, say reputation. But several things are placed outside commerce, at least that of private persons, by positive law, whether ecclesiastical or civil.

Rights also are one's own; indeed, if you except perfect dominion, we possess rights rather than things.

2. Not all things can be the object of perfect dominion. Thus man has only useful dominion of his body and faculties. Reputation can be situated in perfect dominion.

3. Nor can all things subject to possession be possessed by all. Thus private persons are excluded from possessing certain things; and the full useful dominion of faculties and powers cannot be ceded to another.

4. There are things or rights which cannot become one's own without positive law. Thus what is called authors' dominion.

II. Some things are movable, others immovable, either by their own nature, by destination, or by object of application. - Some things are fungible, others non-fungible. - Some are consumptible, others non-consumptible.