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the science of right-第16章

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as much industry to produce it; or even to put it into the hands of

others; as may be equivalent to the industry or labour required for

the acquisition of the goods or wares or merchandise; as natural or

artificial products; for which it is exchanged。 For if it were

easier to procure the material which is called money than the goods

that are required; there would be more money in the market than

goods to be sold; and because the seller would then have to expend

more labour upon his goods than the buyer on the equivalent; the money

coming in to him more rapidly; the labour applied to the preparation

of goods and industry generally; with the industrial productivity

which is the source of the public wealth; would at the same time

dwindle and be cut down。 Hence bank notes and assignations are not

to be regarded as money; although they may take its place by way of

representing it for a time; because it costs almost no labour to

prepare them; and their value is based merely upon the opinion

prevailing as to the further continuance of the previous possibility

of changing them into ready money。 But on its being in any way found

out that there is not ready money in sufficient quantity for easy

and safe conversion of such notes or assignations; the opinion gives

way; and a fall in their value becomes inevitable。 Thus the industrial

labour of those who work the gold and silver mines in Peru and Mexico…

especially on account of the frequent failures in the application of

fruitless efforts to discover new veins of these precious metals… is

probably even greater than what is expended in the manufacture of

goods in Europe。 Hence such mining labour; as unrewarded in the

circumstances; would be abandoned of itself; and the countries

mentioned would in consequence soon sink into poverty; did not the

industry of Europe; stimulated in turn by these very metals;

proportionally expand at the same time so as constantly to keep up the

zeal of the miners in their work by the articles of luxury thereby

offered to them。 It is thus that the concurrence of industry with

industry; and of labour with labour; is always maintained。

  But how is it possible that what at the beginning constituted only

goods or wares; at length became money? This has happened wherever a

sovereign as great and powerful consumer of a particular substance;

which he at first used merely for the adornment and decoration of

his servants and court; has enforced the tribute of his subjects in

this kind of material。 Thus it may have been gold; or silver; or

copper; or a species of beautiful shells called cowries; or even a

sort of mat called makutes; as in Congo; or ingots of iron; as in

Senegal; or Negro slaves; as on the Guinea Coast。 When the ruler of

the country demanded such things as imposts; those whose labour had to

be put in motion to procure them were also paid by means of them;

according to certain regulations of commerce then established; as in a

market or exchange。 As it appears to me; it is only thus that a

particular species of goods came to be made a legal means of

carrying on the industrial labour of the subjects in their commerce

with each other; and thereby forming the medium of the national

wealth。 And thus it practically became money。

  The rational conception of money; under which the empirical

conception is embraced; is therefore that of a thing which; in the

course of the public permutation or exchange of possessions

(permutatio publica); determines the price of all the other things

that form products or goods… under which term even the sciences are

included; in so far as they are not taught gratis to others。 The

quantity of it among a people constitutes their wealth (opulentia)。

For price (pretium) is the public judgement about the value of a

thing; in relation to the proportionate abundance of what forms the

universal representative means in circulation for carrying on the

reciprocal interchange of the products of industry or labour。* The

precious metals; when they are not merely weighed but also stamped

or provided with a sign indicating how much they are worth; form legal

money; and are called coin。



  *Hence where commerce is extensive neither gold nor copper is

specially used as money; but only as constituting wares; because there

is too little of the first and too much of the second for them to be

easily brought into circulation; so as at once to have the former in

such small pieces as are necessary in payment for particular goods and

not to have the latter in great quantity in case of the smallest

acquisitions。 Hence silver… more or less alloyed with copper… is taken

as the proper material of money and the measure of the calculation

of all prices in the great commercial intercommunications of the

world; and the other metals… and still more non…metalic substances…

can only take its place in the case of a people of limited commerce。



  According to Adam Smith: 〃Money has become; in all civilized

nations; the universal instrument of commerce; by the intervention

of which goods of all kinds are bought and sold or exchanged for one

another。〃 This definition expands the empirical conception of money to

the rational idea of it; by taking regard only to the implied form

of the reciprocal performances in the onerous contracts; and thus

abstracting from their matter。 It is thus conformable to the

conception of right in the permutation and exchange of the mine and

thine generally (commutatio late sic dicta)。 The definition;

therefore; accords with the representation in the above synopsis of

a dogmatic division of contracts a priori; and consequently with the

metaphysical principle of right in general。





                   II。 What is a Book?



  A book is a writing which contains a discourse addressed by some one

to the public; through visible signs of speech。 It is a matter of

indifference to the present considerations whether it is written by

a pen or imprinted by types; and on few or many pages。 He who speaks

to the public in his own name is the author。 He who addresses the

writing to the public in the name of the author is the publisher。 When

a publisher does this with the permission or authority of the

author; the act is in accordance with right; and he is the rightful

publisher; but if this is done without such permission or authority;

the act is contrary to right; and the publisher is a counterfeiter

or unlawful publisher。 The whole of a set of copies of the original

document is called an edition。



      The Unauthorized Publishing of Books is Contrary to the

         Principles of Right; and is Rightly Prohibited。



  A writing is not an immediate direct presentation of a conception;

as is the case; for instance; with an engraving that exhibits a

portrait; or a bust or cast by a sculptor。 It is a discourse addressed

in a particular form to the public; and the author may be said to

speak publicly by means of his publisher。 The publisher; again; speaks

by the aid of the printer as his workman (operarius); yet not in his

own name; for otherwise he would be the author; but in the name of the

author; and he is only entitled to do so in virtue of a mandate

given him to that effect by the author。 Now the unauthorized printer

and publisher speaks by an assumed authority in his publication; in

the name indeed of the author; but without a mandate to that effect

(gerit se mandatarium absque mandato)。 Consequently such an

unauthorized publication is a wrong committed upon the authorized

and only lawful publisher; as it amounts to a pilfering of the profits

which the latter was entitled and able to draw from the use of his

proper right (furtum usus)。 Unauthorized printing and publication of

books is; therefore; forbidden… as an act of counterfeit and piracy…

on the ground of right。

  There seems; however; to be an impression that there is a sort of

common right to print and publish books; but the slightest

reflection must convince any one that this would be a great injustice。

The reason of it is found simply in the fact that a book; regarded

from one point of view; is an external product of mechanical art (opus

mechanicum); that can be imitated by any one who may be in rightful

possession of a copy; and it is therefore his by a real right。

  But; from another point of view; a book is not merely an external

thing; but is a discourse of the publisher to the public; and he is

only entitled to do this publicly under the mandate of the author

(praestatio operae); and this constitutes a personal right。 The

error underlying the impression referred to; therefore; arises from an

interchange and confusion of these two kinds of right in relation to

books。



          Confusion of Personal Right and Real Right。



  The confusion of personal right with real right may be likewise

shown by reference to a difference of view in connection with

another contract; falling under 
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