[An Enquiry Concerning the Principles of Morals by David Hume]@TWC D-Link bookAn Enquiry Concerning the Principles of Morals PART II 4/24
In that case, the slightest analogies are laid hold of, in order to prevent that indifference and ambiguity, which would be the source of perpetual dissension.
Thus possession alone, and first possession, is supposed to convey property, where no body else has any preceding claim and pretension.
Many of the reasonings of lawyers are of this analogical nature, and depend on very slight connexions of the imagination. Does any one scruple, in extraordinary cases, to violate all regard to the private property of individuals, and sacrifice to public interest a distinction which had been established for the sake of that interest? The safety of the people is the supreme law: All other particular laws are subordinate to it, and dependent on it: And if, in the COMMON course of things, they be followed and regarded; it is only because the public safety and interest COMMONLY demand so equal and impartial an administration. Sometimes both UTILITY and ANALOGY fail, and leave the laws of justice in total uncertainty.
Thus, it is highly requisite, that prescription or long possession should convey property; but what number of days or months or years should be sufficient for that purpose, it is impossible for reason alone to determine.
CIVIL LAWS here supply the place of the natural CODE, and assign different terms for prescription, according to the different UTILITIES, proposed by the legislator.
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