compelled, in its practical function in relation to right- as it was
in its theoretical function- to make a distinction between
possession as a phenomenal appearance presented to the senses, and
that possession which is rational and thinkable only by the
understanding.

  Thesis.- The thesis, in this case, is: "It is possible to have
something external as mine, although I am not in possession of it."

  Antithesis.- The antithesis is: "It is not possible to have anything
external as mine, if I am not in possession of it."

  Solution.- The solution is: "Both Propositions are true"; the former
when I mean empirical possession (possessio phaenomenon), the latter
when I understand by the same term, a purely rational possession
(possessio noumenon).

  But the possibility of a rational possession, and consequently of an
external mine and thine, cannot be comprehended by direct insight, but
must be deduced from the practical reason. And in this relation it
is specially noteworthy that the practical reason without
intuitional perceptions, and even without requiring such an element
a priori, can extend its range by the mere elimination of empirical
conditions, as justified by the law of freedom, and can thus establish
synthetical propositions a priori. The proof of this in the
practical connection, as will be shown afterwards, can be adduced in
an analytical manner.

     8. To Have Anything External as One's Own is only Possible

         in a Juridical or Civil State of Society under the

            Regulation of a Public Legislative Power.

  If, by word or deed, I declare my will that some external thing
shall be mine, I make a declaration that every other person is obliged
to abstain from the use of this object of my exercise of will; and
this imposes an obligation which no one would be under, without such a
juridical act on my part. But the assumption of this act at the same
time involves the admission that I am obliged reciprocally to
observe a similar abstention towards every other in respect of what is
externally theirs; for the obligation in question arises from a
universal rule regulating the external juridical relations. Hence I am
not obliged to let alone what another person declares to be externally
his, unless every other person likewise secures me by a guarantee that
he will act in relation to what is mine, upon the same principle. This
guarantee of reciprocal and mutual abstention from what belongs to
others does not require a special juridical act for its establishment,
but is already involved in the conception of an external obligation of
right, on account of the universality and consequently the reciprocity
of the obligatoriness arising from a universal Rule. Now a single
will, in relation to an external and consequently contingent
possession, cannot serve as a compulsory law for all, because that
would be to do violence to the freedom which is in accordance with
universal laws. Therefore it is only a will that binds every one,
and as such a common, collective, and authoritative will, that can
furnish a guarantee of security to all. But the state of men under a
universal, external, and public legislation, conjoined with
authority and power, is called the civil state. There can therefore be
an external mine and thine only in the civil state of society.

  Consequence.- It follows, as a corollary, that, if it is juridically
possible to have an external object as one's own, the individual
subject of possession must be allowed to compel or constrain every
person with whom a dispute as to the mine or thine of such a
possession may arise, to enter along with himself into the relations
of a civil constitution.

    9. There May, However, Be an External Mine and Thine Found as

      a Fact in the State of Nature, but it is only Provisory.

  Natural right in the state of a civil constitution means the forms
of right which may be deduced from principles a priori as the
conditions of such a constitution. It is therefore not to be infringed
by the statutory laws of such a constitution; and accordingly the
juridical principle remains in force, that, "Whoever proceeds upon a
maxim by which it becomes impossible for me to have an object of the
exercise of my will as mine, does me a lesion or injury." For a
civil constitution is only the juridical condition under which every
one has what is his own merely secured to him, as distinguished from
its being specially assigned and determined to him. All guarantee,
therefore, assumes that everyone to whom a thing is secured is already
in possession of it as his own. Hence, prior to the civil
constitution- or apart from it- an external mine and thine must be
assumed as possible, and along with it a right to compel everyone with
whom we could come into any kind of intercourse to enter with us
into a constitution in which what is mine or thine can be secured.
There may thus be a possession in expectation or in preparation for
such a state of security, as can only be established on the law of the
common will; and as it is therefore in accordance with the possibility
of such a state, it constitutes a provisory or temporary juridical
possession; whereas that possession which is found in reality in the
civil state of society will be a peremptory or guaranteed
possession. Prior to entering into this state, for which he is
naturally prepared, the individual rightfully resists those who will
not adapt themselves to it, and who would disturb him in his provisory
possession; because, if the will of all except himself were imposing
upon him an obligation to withdraw from a certain possession, it would
still be only a one-sided or unilateral will, and consequently it