A Treatise of Human Nature · Chapter
Section IV: Of the Transference of Property by Consent explained
Hume discusses the necessity of consent in the transfer of property, arguing that while stability of possession is essential, it must be adjustable through mutual agreement to serve utility and commerce.
What happens
Hume discusses the necessity of consent in the transfer of property, arguing that while stability of possession is essential, it must be adjustable through mutual agreement to serve utility and commerce. He explains that the requirement of physical delivery in transferring property is a psychological aid to help the imagination conceive the otherwise insensible transition of ownership, drawing an analogy to Roman Catholic rituals.
Themes in this chapter
Artificial Virtues and Justice
Property transfer by consent is an artificial virtue, established by utility and social convention rather than natural instinct.
Custom and General Rules
The requirement of delivery is a general rule that aids the imagination, based on custom and the association of ideas.
Skepticism About the External World
Hume's skepticism about the real nature of property, which he calls 'insensible and inconceivable,' leads to the need for symbolic aids.
Characters to notice
- David Hume
Author and narrator, presenting the argument on property transfer.
Key passages
“The supposed resemblance of the actions, and the presence of this sensible delivery, deceive the mind, and make it fancy, that it conceives the mysterious transition of the property.”
The similarity of the actions and the visible act of handing over the object trick the mind into believing it understands the hidden transfer of ownership.
Hume explains the psychological mechanism behind the requirement of physical delivery.
“This is a kind of superstitious practice in civil laws, and in the laws of nature, resembling the Roman Catholic superstitions in religion.”
This practice in law and nature is like superstition, similar to the rituals of the Roman Catholic Church.
Hume draws a parallel between legal formalities and religious rituals, both serving to make abstract concepts tangible.