This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867. Excerpt: ... sufficient for the Romans, since by reason of the excessive number of the class of slaves the need of free domestic servants was almost wholly imperceptible. It is otherwise with us who have no slaves; whence that relation has become of very important and extended necessity. Now we are not satisfied with the narrow treatment of it like any other contract for labour and thus in the Prussian land-recht, the law of hired service has been perfectly correctly received not under contracts but into the law of persons// SECTION LVI. POTENTIALITY"S-LAW. Two object-matters, things and acts (transactions) have been stated above (S. 53.) for the law of potentialities. Upon them are based its two main divisions Things"-law and Obligations"-law. The first has for its matter possession or the mastery over things in point of fact. As law it appears simply and completely in the shape of Property or the unlimited and exclusive mastery of a person over a thing. In order however to make clear to us the nature of property we must set out by the following general examination. Every man has a calling to the mastery over unfree nature; he must however equally recognize the same calling in every other man and from this mutual recognition, in the contact of individuals in space, arises the necessity of the equalization which appears first of all as a something indefinite and can only be satisfied by a more determinate limitation. This satisfaction now, by the help of the communion in the state, is obtained (/) A. L. R II. 5. through positive law. When we here ascribe to the state a common jurisdiction over the unfree nature within its boundaries, individuals appear as sharers in this common power and our task consists in finding a definite rule according to which the distribution ...