"Set up above all this a grand jury, legislature, or national assembly,
appointed directly by the whole country, and charged not with appointing
the cabinet officers,--they have their investiture from their particular
constituents,--but with auditing the accounts, making the laws, settling
the budget, deciding controversies between the administrations, all
after having heard the reports of the Public Department, or Department
of the Interior, to which the whole government will thenceforth be
reduced; and you will have a centralization the stronger the more you
multiply its foci, a responsibility the more real the more clear-cut is
the separation between the powers; you have a constitution at once
political and social."[160]
5.--PROPERTY
I. Since Proudhon sanctions only the one legal norm that contracts must
be kept, he can approve only one legal relation, that between
contracting parties. Hence he must necessarily reject property as well
as the State, since it is established by particular legal norms, and, as
an involuntary legal relation, binds even such as have in no way entered
into a contract. _And he does reject property[161] absolutely, without
any spatial or temporal limitation; nay, it even appears to him to be a
legal relation which is particularly repugnant to justice._
"According to its definition, property is the right of using and
abusing; that is to say, it is the absolute, irresponsible domain of man
over his person and his goods. If property ceased to be the right to
abuse, it would cease to be property. Has not the proprietor the right
to give his goods to whomever he will, to let his neighbor burn without
crying fire, to oppose the public good, to squander his patrimony, to
exploit the laborer and hold him to ransom, to produce bad goods and
sell them badly? Can he be judicially constrained to use his property
well? can he be disturbed in the abuse of it? What am I saying? Is not
property, precisely because it is full of abuse, the most sacred thing
in the world for the legislator? Can one conceive of a property whose
use the police power should determine, whose abuse it should repress? Is
it not clear, in fine, that if one undertook to introduce justice into
property, one would destroy property, just as the law, by introducing
propriety into concubinage, destroyed concubinage?"[162]
Public-domain text, read in full here on John Shaqi.
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