If one pleader bring the case under any former law or precedent, by a refined analogy or comparison; the opposite pleader is not at a loss to find an opposite analogy or comparison: and the preference given by the judge is often founded more on taste and imagination than on any solid argument.

Public utility is the general object of all courts of judicature; and this utility too requires a stable rule in all controversies: but where several rules, nearly equal and indifferent, present themselves, it is a very slight turn of thought which fixes the decision in favour of either party.
[Footnote: That there be a separation or distinction of possessions, and that this separation be steady and constant; this is absolutely required by the interests of society, and hence the origin of justice and property.

What possessions are assigned to particular persons; this is, generally speaking, pretty indifferent; and is often determined by very frivolous views and considerations.

We shall mention a few particulars.
Were a society formed among several independent members, the most obvious rule, which could be agreed on, would be to annex property to PRESENT possession, and leave every one a right to what he at present enjoys.

The relation of possession, which takes place between the person and the object, naturally draws on the relation of property.
For a like reason, occupation or first possession becomes the foundation of property.
Where a man bestows labour and industry upon any object, which before belonged to no body; as in cutting down and shaping a tree, in cultivating a field, &c., the alterations, which he produces, causes a relation between him and the object, and naturally engages us to annex it to him by the new relation of property.