第 16 节
作者:寻找山吹      更新:2024-04-07 21:07      字数:9321
  as much industry to produce it; or even to put it into the hands of
  others; as may be equivalent to the industry or labour required for
  the acquisition of the goods or wares or merchandise; as natural or
  artificial products; for which it is exchanged。 For if it were
  easier to procure the material which is called money than the goods
  that are required; there would be more money in the market than
  goods to be sold; and because the seller would then have to expend
  more labour upon his goods than the buyer on the equivalent; the money
  coming in to him more rapidly; the labour applied to the preparation
  of goods and industry generally; with the industrial productivity
  which is the source of the public wealth; would at the same time
  dwindle and be cut down。 Hence bank notes and assignations are not
  to be regarded as money; although they may take its place by way of
  representing it for a time; because it costs almost no labour to
  prepare them; and their value is based merely upon the opinion
  prevailing as to the further continuance of the previous possibility
  of changing them into ready money。 But on its being in any way found
  out that there is not ready money in sufficient quantity for easy
  and safe conversion of such notes or assignations; the opinion gives
  way; and a fall in their value becomes inevitable。 Thus the industrial
  labour of those who work the gold and silver mines in Peru and Mexico…
  especially on account of the frequent failures in the application of
  fruitless efforts to discover new veins of these precious metals… is
  probably even greater than what is expended in the manufacture of
  goods in Europe。 Hence such mining labour; as unrewarded in the
  circumstances; would be abandoned of itself; and the countries
  mentioned would in consequence soon sink into poverty; did not the
  industry of Europe; stimulated in turn by these very metals;
  proportionally expand at the same time so as constantly to keep up the
  zeal of the miners in their work by the articles of luxury thereby
  offered to them。 It is thus that the concurrence of industry with
  industry; and of labour with labour; is always maintained。
  But how is it possible that what at the beginning constituted only
  goods or wares; at length became money? This has happened wherever a
  sovereign as great and powerful consumer of a particular substance;
  which he at first used merely for the adornment and decoration of
  his servants and court; has enforced the tribute of his subjects in
  this kind of material。 Thus it may have been gold; or silver; or
  copper; or a species of beautiful shells called cowries; or even a
  sort of mat called makutes; as in Congo; or ingots of iron; as in
  Senegal; or Negro slaves; as on the Guinea Coast。 When the ruler of
  the country demanded such things as imposts; those whose labour had to
  be put in motion to procure them were also paid by means of them;
  according to certain regulations of commerce then established; as in a
  market or exchange。 As it appears to me; it is only thus that a
  particular species of goods came to be made a legal means of
  carrying on the industrial labour of the subjects in their commerce
  with each other; and thereby forming the medium of the national
  wealth。 And thus it practically became money。
  The rational conception of money; under which the empirical
  conception is embraced; is therefore that of a thing which; in the
  course of the public permutation or exchange of possessions
  (permutatio publica); determines the price of all the other things
  that form products or goods… under which term even the sciences are
  included; in so far as they are not taught gratis to others。 The
  quantity of it among a people constitutes their wealth (opulentia)。
  For price (pretium) is the public judgement about the value of a
  thing; in relation to the proportionate abundance of what forms the
  universal representative means in circulation for carrying on the
  reciprocal interchange of the products of industry or labour。* The
  precious metals; when they are not merely weighed but also stamped
  or provided with a sign indicating how much they are worth; form legal
  money; and are called coin。
  *Hence where commerce is extensive neither gold nor copper is
  specially used as money; but only as constituting wares; because there
  is too little of the first and too much of the second for them to be
  easily brought into circulation; so as at once to have the former in
  such small pieces as are necessary in payment for particular goods and
  not to have the latter in great quantity in case of the smallest
  acquisitions。 Hence silver… more or less alloyed with copper… is taken
  as the proper material of money and the measure of the calculation
  of all prices in the great commercial intercommunications of the
  world; and the other metals… and still more non…metalic substances…
  can only take its place in the case of a people of limited commerce。
  According to Adam Smith: 〃Money has become; in all civilized
  nations; the universal instrument of commerce; by the intervention
  of which goods of all kinds are bought and sold or exchanged for one
  another。〃 This definition expands the empirical conception of money to
  the rational idea of it; by taking regard only to the implied form
  of the reciprocal performances in the onerous contracts; and thus
  abstracting from their matter。 It is thus conformable to the
  conception of right in the permutation and exchange of the mine and
  thine generally (commutatio late sic dicta)。 The definition;
  therefore; accords with the representation in the above synopsis of
  a dogmatic division of contracts a priori; and consequently with the
  metaphysical principle of right in general。
  II。 What is a Book?
  A book is a writing which contains a discourse addressed by some one
  to the public; through visible signs of speech。 It is a matter of
  indifference to the present considerations whether it is written by
  a pen or imprinted by types; and on few or many pages。 He who speaks
  to the public in his own name is the author。 He who addresses the
  writing to the public in the name of the author is the publisher。 When
  a publisher does this with the permission or authority of the
  author; the act is in accordance with right; and he is the rightful
  publisher; but if this is done without such permission or authority;
  the act is contrary to right; and the publisher is a counterfeiter
  or unlawful publisher。 The whole of a set of copies of the original
  document is called an edition。
  The Unauthorized Publishing of Books is Contrary to the
  Principles of Right; and is Rightly Prohibited。
  A writing is not an immediate direct presentation of a conception;
  as is the case; for instance; with an engraving that exhibits a
  portrait; or a bust or cast by a sculptor。 It is a discourse addressed
  in a particular form to the public; and the author may be said to
  speak publicly by means of his publisher。 The publisher; again; speaks
  by the aid of the printer as his workman (operarius); yet not in his
  own name; for otherwise he would be the author; but in the name of the
  author; and he is only entitled to do so in virtue of a mandate
  given him to that effect by the author。 Now the unauthorized printer
  and publisher speaks by an assumed authority in his publication; in
  the name indeed of the author; but without a mandate to that effect
  (gerit se mandatarium absque mandato)。 Consequently such an
  unauthorized publication is a wrong committed upon the authorized
  and only lawful publisher; as it amounts to a pilfering of the profits
  which the latter was entitled and able to draw from the use of his
  proper right (furtum usus)。 Unauthorized printing and publication of
  books is; therefore; forbidden… as an act of counterfeit and piracy…
  on the ground of right。
  There seems; however; to be an impression that there is a sort of
  common right to print and publish books; but the slightest
  reflection must convince any one that this would be a great injustice。
  The reason of it is found simply in the fact that a book; regarded
  from one point of view; is an external product of mechanical art (opus
  mechanicum); that can be imitated by any one who may be in rightful
  possession of a copy; and it is therefore his by a real right。
  But; from another point of view; a book is not merely an external
  thing; but is a discourse of the publisher to the public; and he is
  only entitled to do this publicly under the mandate of the author
  (praestatio operae); and this constitutes a personal right。 The
  error underlying the impression referred to; therefore; arises from an
  interchange and confusion of these two kinds of right in relation to
  books。
  Confusion of Personal Right and Real Right。
  The confusion of personal right with real right may be likewise
  shown by reference to a difference of view in connection with
  another contract; falling under