System of Economical Contradictions; Or, The Philosophy of MiseryProudhon, P.-J. (Pierre-Joseph)
Philosophy
System of Economical Contradictions; Or, The Philosophy of Misery
Proudhon, P.-J. (Pierre-Joseph)
Economics
I ask M. Renouard's permission to translate his thought by
reversing his phrase: Regulation was a corrective of privilege.
For whoever says regulation says limitation: now, how conceive of
limiting privilege before it existed? I can conceive a sovereign
submitting privileges to regulations; but I cannot at all
understand why he should create privileges expressly to weaken
the effect of regulations. There is nothing to prompt such a
concession; it would be an effect without a cause. In logic as
well as in history, everything is appropriated and monopolized
when laws and regulations arrive: in this respect civil
legislation is like penal legislation. The first results
from possession and appropriation, the second from the appearance
of crimes and offences. M. Renouard, preoccupied with the idea
of servitude inherent in all regulation, has considered privilege
as a compensation for this servitude; and it was this which led
him to say that PRIVILEGES ARE A CORRECTIVE OF REGULATION. But
what M. Renouard adds proves that he meant the opposite:
The fundamental principle of our legislation, that of granting
temporary monopoly as a condition of a contract between society
and the laborer, has always prevailed, etc.
What is, in reality, this grant of a monopoly? A simple
acknowledgment, a declaration. Society, wishing to favor a new
industry and enjoy the advantages which it promises, BARGAINS
with the inventor, as it has bargained with the farmer; it
guarantees him the monopoly of his industry for a time; but it
does not create the monopoly. The monopoly exists by the very
fact of the invention; and the acknowledgment of the monopoly is
what constitutes society.
This ambiguity cleared up, I pass to the contradictions of the
law.
All industrial nations have adopted the establishment of a
temporary monopoly as a condition of a contract between society
and the inventor. . . . . I do not take readily to the belief
that all legislators of all countries have committed robbery.
M. Renouard, if ever he reads this work, will do me the justice
to admit that, in quoting him, I do not criticise his thought; he
himself has perceived the contradictions of the patent law. All
that I pretend is to connect this contradiction with the general
system.
Public-domain text, read in full here on John Shaqi.
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