This rather lengthy digression has been necessary in order that we may be able to oppose actual facts to the logical subtlety of Proudhon, which appears to-day to have a greater power than ever of leading men astray. The question whether the producer of a stone celt was merely the user of its advantages (Latin, _possessor_) or its actual owner and master; whether he also had the right to the substances of which it was composed, appears, after what we have said above, to be simply childish. The property, which was absolutely labour-property, was at once perceived to be such, to be _dominium_ and not merely _possessio_; it never occurred to anybody either to doubt it or to believe it. Now, Proudhon declares that general consent cannot justify property, because general consent to an injustice cannot form the basis of justice. But apart from the fact that the innate sense of justice in society is merely a fiction of Proudhon's, as of all earlier or later Utopians, this proposition may perhaps belong to metaphysics or ethics, but certainly not to the empirical science of sociology. For he who puts on the crown, and whom all agree to obey, is really king, even if he has waded to the throne through seas of blood. The question, in so far as it is neither political nor a justification of his mode of action, is not a legal one but purely ethical. The answer to this question prejudges nothing either as to life or society, and history knows cases enough of actions which cannot be approved from the moral standpoint, and yet have turned out to the advantage of the community. The opinion that agrarian communism, or the village community, is the most primitive form of property and the natural form of society, is also quite untenable. In the first place, because the word _naturally_ cannot be taken in the sense that it implies an unalterable normal condition, or something fixed; for, in reality, _naturally_ means that which develops itself, and therefore something in the highest degree changeable. In the second place, because tribal communism is by no means such a primitive condition as the Socialists, from Rousseau's time downwards, seem to believe, and wish to make others believe. Rather, a state preceded it, in which only movable property, the _jus utendi atque abutendi re_, was known to man. Races have been found which possess very scanty conceptions of religion, which have not recognised the family in the widest implication of the idea; whereas, on the other hand, no race has been found to whom the idea of property was not known. Certainly in this case it was only a question of the possession of weapons and ornaments, and so forth; possession of land, especially as a communal possession, has only been found among a comparatively small number of primitive peoples, and implies a very advanced state of social culture. But, however little this condition is the natural one, [Greek: kat' exochen], still less is it particularly moral or just.