argument has been yet advanced to disprove the necessity of it.
On the question of private property in debts, the attitude of the law
in Europe has changed fundamentally in historical times. Under the
old Roman law, the creditor became the absolute owner of his debtor.
Nowadays, not only may a man by becoming bankrupt and surrendering all
his visible property, repudiate his debts and yet retain his personal
liberty; but in Factory Acts, Employers’ Liability Acts, Irish Land
Acts, etc., certain contracts are illegal under all circumstances.
With the growth of Socialism, this tendency would be quickened. The
law would look with extreme jealously upon any agreement by which one
party would be reduced even for a time to a condition of slavery,
or the other enabled to live even for a time without performing any
useful social function. And since it has been clearly recognised that
a certain access to the means of industry is a first condition of
personal freedom, the law would refuse to recognise any agreement to
debar a man from such access, or deprive him of the results of it.
No one would need to get into debt in order to provide himself with
the opportunity of work, nor would anyone be allowed to give up the
opportunity of work in order to obtain a loan. This, by making it more
difficult for creditors to recover debts, would also make it more
difficult for would-be debtors to obtain credit. The present homestead
law would, in fact, be extended to include everything which the State
thought necessary for a complete life. But as long as private industry
and exchange go on to such an extent as to make a private commercial
system convenient, so long will promises to pay circulate, and, if
necessary, be legally enforced under the conditions above marked out.
To whatever extent private property is permitted, to that same extent
the private taking of Rent and Interest must be also permitted. If you
allow a selfish man to own a picture by Raphael, he will lock it up
in his own room unless you let him charge something for the privilege
of looking at it. Such a charge is at once Interest. If we wish all
Raphael’s pictures to be freely accessible to everyone, we must prevent
men not merely from exhibiting them for payment, but from owning them.
Public-domain text, read in full here on John Shaqi.
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