616 CITATIONS FROM WRITINGS OF JURISTS AND ECONOMISTS. 



industry, would increase those disputes and quarrels which a scarcity 

 of provisions had begun. 



V. The most effectual way of securing the peace of mankind in these 

 cireuin stances is by introducing an exclusive property. As by this 

 means the extent of each person's claim is ascertained, and the par- 

 ticular share out of the general stock which belongs to him is settled, 

 he can have no just grounds for quarelling with others, for taking more 

 than they ought to have, whilst they let bis property alone: and they, 

 on the other hand, can have no pretence to hinder him from using and 

 enjoying what he has a right to use and enjoy, exclusive of them. If 

 his share is large enough to supply him with the conveniences and 

 elegancies of life, those who are more scantily supplied, have no just 

 reason to complain that they are injured; and if the share which is 

 allotted to him out of the general stock will afford him no more than 

 the necessaries of life, he must content himself as well as he can, with 

 this small provision, because he knows that he can claim no more. This, 

 then, is one advantage of an exclusive right above a community of 

 goods, that, though it may sometimes be a question amongst several 

 claimants, which of them has the right, yet, these questions will seldom 

 arise, and even when they do arise, they will admit of a decision. No 

 two i>e! sons can have full property in the same thing, because the 

 property of one effectually excludes the claim of the other. Whereas 

 in a state of community where all have an equal right to the same 

 thing, it would be a continual question, which claimant should use or 

 enjoy the matter in dispute; nor could such a question be easily decided, 

 because neither of the claimants could set forth such a right as would 

 effectually overrule the pretensions of his competitor. 



But there is, besides this, another considerable advantage arising 

 from the introduction of property: Such an exclusive right assigns to 

 each person the part or materials in which he is to labour, and makes 

 the improvements produced by his art and industry entirely his own. 

 Men wili be more ready to make improvements when they are morally 

 sure of enjoying them, than they would be, if others who are unwilling 

 to work had any claim upon the fruits of their labour. These seem to 

 be the reasons which determined mankind to change their right to 

 things from a common claim, which belonged to all alike, into an exclu- 

 sive chum of particular property. 



It in ay seem strange that we should enquire, whether all mankind 

 can in any circumstances or in any instances claim, of common light, to 

 make use of such things as are appropriated to particular persons. 

 For since property is an exclusive right *to the things appropriated, it 

 seems to have wholly superseded these common claims of mankind. 

 We shall however find upon enquiry, that the fact is otherwise; and 

 that in some circumstances our common right to the use of things 

 remains, even alter those things have been appropriated, and have 

 their distinct and respective owners. 



Grotius maintains that there are two instances of such a common 

 claim: the first he calls the right of extreme necessity; the latter the 

 right of harmless profit. In support of the right of extreme necessity 

 w 7 e may urge with him, that when mankind first agreed to divide the 

 common stock amongst them; or when afterwards they suffered any 

 one to acquire property by occupancy, if they had been asked whether 

 they consented so effectually to exclude themselves from what they 

 agreed to appropriate as never to claim any use of it, even though it 

 should be absolutely necessary to their own preservation, it is most 

 likely they would have answered, that they intended no such thing, but 



