Being an involuntary legal relation, the State is distinguished from a conceivable association of men who should set up a supreme authority among themselves by an agreement, as well as from leagues under international law, in which a supreme authority exists on the basis of an agreement.
The fact that by virtue of a legal relation an authority over a territory is given distinguishes the State from the tribal community of nomads and from the Church; for in the former there is given an authority over people of a certain descent, in the latter over people of a certain faith, but in neither over people of a certain territory. And finally, in the fact that this territorial authority is a supreme authority lies the difference between the State and towns, counties, or provinces; in the latter there is indeed a territorial authority instituted, but one that by the very intent of its institution must bow to a higher authority.
5. What is briefly summed up in the definition of the State may be expanded as follows, if one takes into consideration on the one hand the previous definition of a legal norm and on the other hand the above explanations of the definition of the State:
Some inhabitants of a territory are so powerful that their will is competent to affect the inhabitants of this territory in their procedure, and these men will have it that for all the inhabitants of the territory, for themselves as well as for the rest, the will of men picked out in a certain way shall within certain limits be finally regulative. When such is the condition of things, a State exists.
4.—PROPERTY
Property is a legal relation, by virtue of which some one has, within a certain group of men, the exclusive privilege of ultimately disposing of a thing.
1. Property is a legal relation.
As has already been stated, a legal relation is the relation of an obligated party, one to whom a procedure is prescribed by legal norms, to an entitled party, one for whose sake it is prescribed.
Property is the legal relation of all the members of a group of men who by legal norms are excluded from ultimately disposing of a thing, to him—or to those—for whose sake they are excluded from it. Here the circle of the obligated is much broader than that of the entitled; the former embraces, say, all the inhabitants of a territory or all who belong to a tribe, the latter only those among them in whom certain further conditions (for instance, transfer, prescription, appropriation) are fulfilled.