The Theory of Contract in Its Social Light

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Some of these things may be recog- nised to be fit to be the property of the State only ; and, if there is a good reason why anything should not be allowed to become the property of individuals, the State can certainly prevent that. A State may thus consider a warship to be not an appropriate object of private property.
Now this logical principle, if it be in accordance with the theory of Jurisprudence— and it is submitted that it is — places the rights of society above those of individuals, an
...d prevents an a 'priori objection being taken to the withdrawal of certain instruments from the sphere of private ownership. On the other hand it implies that good reason must be shewn for the withdrawal. The burden of proofs rests with those who desire a withdrawal.^ 1 Some classification of legal " things " is given in almost all books on Jurisprudence, varying of course according to the standpoint of the author, but, generally, bearing a relation, as the above does, to Roman Law. Gf. on the subject generally, Puchta's view of property, referred to in the appendix ; also, Mill's Political Economy, Book II.

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