Two Books of the Elements of Universal Jurisprudence. Samuel Pufendorf

Two Books of the Elements of Universal Jurisprudence - Samuel Pufendorf


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Insanity does not destroy proprietorship of property.

      Now things which belong to a public society or state come under what is essentially a threefold classification. For over some the state exercises merely eminent domain, but has left or assigned ordinary ownership to individuals. Such are territories, provinces, cities, countrysides, fields, &c.; likewise any kind of property of private persons, which is possessed, indeed, by individuals on share, in the ordinary manner of ownership, but still in such a way that the state retains eminent domain over it. The force of that eminent domain expresses itself in this, namely, that individuals are bound to pay assessments or taxes imposed on these things, nay more, to yield the whole of them to public uses, if, indeed, the Commonweal demand that. From certain things, moreover, the state has removed absolutely all ownership on the part of individuals as such, and has reserved the disposal and utilization of the same wholly to itself. Such are the public revenues, tolls, the treasury, the privy purse, and the like.

      The use of certain other things, finally, the state has left to citizens indivisibly, and has assigned ordinary ownership to no


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