,P>T #a1 ,*APT] #b1 ,SECTION #ad 

#aheeahee 

,PEOPLE 3 

,AU?OR 3 ,LYS&] ,SPOON] 

,TEXT 3 

,S,E,C,T,I,O,N ,X,I,V4 

,OBJECTION ,F\RTE5?4 

,ANO!R OBJECTION IS1 ?AT AFT] ! AU?OR ( AN IDEA HAS ONCE MADE IT KN[N TO O!RS1 IT IS IMPOSSIBLE = HIM EV] TO RECOV] ! EXCLUSIVE POSSESSION ( IT4 

,?IS OBJECTION IS ( NO VALIDITY--& :Y8 ,BECAUSE IT IS :OLLY UNNECESS>Y ?AT HE %\LD HAVE ! EXCLUSIVE POSSESSION ( HIS IDEA1 9 ORD] TO PRACTICALLY EX]CISE HIS RI<T TO ! EXCLUSIVE USE ( IT4 

,! OBJECTION ASSUMES ?AT IT IS PRACTICALLY IMPOSSIBLE = A MAN TO EX]CISE HIS RI<T TO ! 0EXCLUSIVE USE0 ( AN IDEA1 UNLESS HE ALSO HAVE ! EXCLUSIVE POSSESSION ( IT4 

,! OBJECTION RE/S SOLELY ON ?AT ASSUMPTION4 ,YET SU* AN ASSUMPTION IS A SELF-EVID5T ABSURDITY2 = ! EXCLUSIVE POSSESSION ( AN IDEA IS NOT1 9 PRACTICE1 AT ALL NECESS>Y TO ! EXCLUSIVE USE ( IT4 ,AN IDEA1 UNLIKE A CORPOREAL COMMODITY1 CAN BE AS FULLY & COMPLETELY US$1 BY A S+LE 9DIVIDUAL1 :5 IT IS POSSESS$ BY ALL ! WORLD1 9 COMMON ) HIMSELF1 AS :5 IT IS POSSESS$ BY HIMSELF ALONE4 ,!IR POSSESSION ( IT1 JO9TLY ) HIMSELF1 (F]S NO NATURAL IMP$IM5T :ATEV] TO HIS EXCLUSIVE USE ( IT4 ,! PRACTICAL EX]CISE ( HIS RI<T ( EXCLUSIVE USE1 IS1 !RE=E1 9 NO MANN] :ATEV]1 NATURALLY CONT+5T OR DEP5D5T UPON HIS EXCLUSIVE POSSESSION4 ,& ?IS FACT ALONE IS SELF-EVID5TLY AN AMPLE & UNANSW]ABLE REASON :Y1 9 LAW1 IT IS :OLLY UNNECESS>Y ?AT HE %\LD RETA9 HIS EXCLUSIVE POSSESSION1 9 ORD] TO RETA9 ! RI<T ( EXCLUSIVE USE4 

,H]E1 NO D\BT1 ! >GUM5T1 ON ?IS PO9T1 MI<T BE SAFELY LEFT4 ,BUT1 P]HAPS1 SOME FUR!R ILLU/RATION ( IT MAY BE ALL[ABLE4 

,! LAW NEV] MAKES ANY REQUIREM5TS1 ?AT >E PRACTICALLY UNNECESS>Y TO ! EX]CISE ( ONE'S RI<TS4 ,! ONLY REASON1 :Y A MAN'S RI<T TO ! EXCLUSIVE USE ( A CORPOREAL COMMODITY1 IS EV]1 9 LAW1 DEP5D5T UPON HIS RI<T TO ! EXCLUSIVE POSSESSION ( IT1 IS1 ?AT ! PRACTICAL EX]CISE ( HIS EXCLUSIVE RI<T ( USE1 IS NATURALLY & NECESS>ILY DEP5D5T ON HIS EXCLUSIVE POSSESSION ( ! COMMODITY4 ,IT IS NATURALLY IMPOSSIBLE ?AT HE CAN USE IT--?AT IS1 ! :OLE ( IT1 FULLY & COMPLETELY--UNLESS HE HAVE EXCLUSIVE POSSESSION ( IT4 ,BUT IT IS :OLLY O!RWISE 9 ! CASE ( AN IDEA1 :I*1 FROM ITS IMMAT]IALITY1 CAN BE AS FULLY & COMPLETELY US$1 BY A S+LE 9DIVIDUAL1 :5 IT IS POSSESS$ BY ALL O!R M51 9 COMMON ) HIMSELF1 AS :5 POSSESS$ BY HIMSELF ALONE4 

,:5EV] ! PRACTICAL EX]CISE ( ! EXCLUSIVE RI<T ( USE1 IS1 NATURALLY & NECESS>ILY1 DEP5D5T ON ! EXCLUSIVE POSSESSION1 !RE A MAN MU/ HAVE AN EXCLUSIVE RI<T ( POSSESSION1 9 ORD] TO HAVE AN EXCLUSIVE RI<T ( USE4 ,BUT :5EV] ! PRACTICAL EX]CISE ( AN EXCLUSIVE RI<T ( USE1 IS NATURALLY POSSIBLE1 )\T ! EXCLUSIVE POSSESSION1 !RE ! TWO MAY BE SEP>AT$1 & A MAN MAY HAVE AN EXCLUSIVE RI<T ( USE1 ) ONLY A COMMON RI<T ( POSSESSION4 

,= ! LAW TO REQUIRE AN EXCLUSIVE POSSESSION1 TO SU/A9 ! RI<T ( EXCLUSIVE USE1 :5 A COMMON POSSESSION IS JU/ AS GOOD = ! PRACTICAL EX]CISE ( ?AT RI<T1 W\LD BE 9T]POS+ AN UNNECESS>Y OB/ACLE TO ! 5JOYM5T ( ONE'S RI<TS4 

,:5 A MAN P>TS ) ! EXCLUSIVE POSSESSION ( AN IDEA1 HE P>TS ) :AT IT IS NATURALLY IMPOSSIBLE HE %\LD EV] RECOV]4 ,& IF ! PRACTICAL EX]CISE ( HIS EXCLUSIVE RI<T ( USE1 W]E1 NATURALLY & NECESS>ILY1 DEP5D5T UPON HIS EXCLUSIVE POSSESSION1 HIS RI<T ( EXCLUSIVE USE W\LD BE =EV] LO/1 ) HIS RI<T ( EXCLUSIVE POSSESSION4 ,BUT S9CE ! PRACTICAL EX]CISE ( HIS EXCLUSIVE RI<T ( USE1 IS NOT 9 ANY WAY DEP5D5T UPON HIS EXCLUSIVE POSSESSION1 ! QUE/ION ( EXCLUSIVE POSSESSION HAS LEGALLY NO?+ TO DO ) HIS RI<T TO ! EXCLUSIVE USE2 & ! [N] ( AN IDEA MAY1 CONSEQU5TLY1 GIVE TO ALL MANK9D1 A P]PETUAL & IRREVOCABLE POSSESSION ( IT1 9 COMMON ) HIMSELF1 )\T HIS [N RI<T TO ! EXCLUSIVE USE ( IT1 BE+ AT ALL IMPAIR$ !REBY4 

,! CASE ( ! [N] ( AN IDEA1 AFT] HE HAS GIV5 TO O!RS A KN[L$GE OR POSSESSION ( IT1 9 COMMON ) HIMSELF1 IS NE>LY OR QUITE SIMIL> TO ?AT ( A MAN1 :O %\LD GRANT TO O!RS ! P]PETUAL1 BUT NAK$1 RI<T1 TO COME P]SONALLY UPON HIS F>M1 & 5JOY ! PROSPECT1 DO+ NO DAMAGE1 & (F]+ NO IMP$IM5T TO HIS LABOR2 BUT )\T ANY RI<T !MSELVES TO CULTIVATE ! F>M1 OR TO TAKE ! CROPS4 ,9 ?IS CASE1 ! 9DIVIDUALS1 SO ADMITT$ UPON ! F>M1 W\LD HOLD POSSESSION ( IT1 9 COMMON ) ! [N]1 TO ! PRECISE EXT5T1 & = ! SPECIFIC PURPOSE1 TO :I*1 & = :I*1 HE HAD GRANT$ IT TO !M2 & !Y W\LD HOLD IT TO NO GREAT] EXT5T1 & = NO O!R PURPOSE4 ,N[1 IT C]TA9LY C\LD NEV] BE SAID1 9 SU* A CASE1 ?AT ! [N] HAD LO/ HIS EXCLUSIVE RI<T TO CULTIVATE HIS F>M1 & TAKE ! CROPS1 BECAUSE HE C\LD NEV] RECOV] ! EXCLUSIVE POSSESSION ( IT4 

,! PR9CIPLE IS ! SAME 9 ! CASE ( ! IDEA4 ,! [N] ADMITS O!R M5 TO A SIMPLE KN[L$GE ( ! IDEA--?AT IS1 TO A NAK$ POSSESSION ( IT--9 COMMON ) HIMSELF2 BUT )\T ANY RI<T TO USE IT1 = ANY 9DU/RIAL OR PECUNI>Y PURPOSE4 ,!Y RECEIVE ! POSSESSION ( IT1 SUBJECT TO !SE LIMITATIONS4 ,H]E PLA9LY ! [N]'S RI<T TO ! EXCLUSIVE USE ( IT1 = 9DU/RIAL & PECUNI>Y PURPOSES1 IS NO MORE IMPAIR$1 ?AN 9 ! CASE ( ! F>M4 

,S9CE1 !N1 ! [N] ( ! IDEA HAS NEV] P>T$ ) HIS [N POSSESSION ( IT1 NOR ) HIS ORIG9AL RI<T TO ! EXCLUSIVE USE ( IT1 HE HAS NO NE$ TO RECOV] ! EXCLUSIVE POSSESSION ( IT2 BECAUSE ! POSSESSION ( IT BY O!RS1 9 COMMON ) HIMSELF1 (F]S NO PRACTICAL IMP$IM5T TO HIS EXCLUSIVE USE ( IT4 ,! EXCLUSIVE POSSESSION ( ! IDEA1 BE+ PRACTICALLY UNNECESS>Y TO HIS EXCLUSIVE USE ( IT1 IT IS LEGALLY UNNECESS>Y4 ,CONSEQU5TLY ! FACT1 ?AT HE CAN NEV] RECOV] IT1 IS A FACT ( NO LEGAL IMPORTANCE :ATEV]1 AS AFFECT+ HIS RI<T TO ! EXCLUSIVE USE ( IT4 

,*RONOLOGY 3 
,NOVEMB] #c1 #ah$ 3 ,P>T #a1 ,*APT] #b1 ,SECTION #ad -- ,PUBLICATION4 
,JANU>Y #i1 #bb 3 ,P>T #a1 ,*APT] #b1 ,SECTION #ad -- ,ADD$4 

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