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
It is useless to multiply these examples: what the law meant to
monopolize is, as I said just now, not the idea, but the fact;
not the invention, but the occupancy. As if the idea were not
the category which includes all the facts that express it; as if
a method, a system, were not a generalization of experiences, and
consequently that which properly constitutes the fruit of
genius,--invention! Here legislation is more than anti-economic,
it borders on the silly. Therefore I am entitled to ask the
legislator why, in spite of free competition, which is nothing
but the right to apply a theory, a principle, a method, a
non-appropriable system, he forbids in certain cases this same
competition, this right to apply a principle?" It is no longer
possible," says M. Renouard, with strong reason, "to stifle
competitors by combining in corporations and guilds; the loss is
supplied by patents." Why has the legislator given hands to this
conspiracy of monopolies, to this interdict upon theories
belonging to all?
But what is the use of continually questioning one who can say
nothing? The legislator did not know in what spirit he was
acting when he made this strange application of the right of
property, which, to be exact, we ought to call the right of
priority. Let him explain himself, then, at least, regarding the
clauses of the contract made by him, in our name, with the
monopolists.
I pass in silence the part relating to dates and other
administrative and fiscal formalities, and come to this article:
The patent does not guarantee the invention.
Doubtless society, or the prince who represents it, cannot and
should not guarantee the invention, since, in granting a monopoly
for fourteen years, society becomes the purchaser of the
privilege, and consequently it is for the patentee to furnish the
guarantee. How, then, can legislators proudly say to their
constituents: "We have negotiated in your name with an inventor;
he pledges himself to give you the enjoyment of his discovery on
condition of having the exclusive exploitation for fourteen
years. But we do not guarantee the invention"? On what, then,
have you relied, legislators? How did you fail to see that,
without a guarantee of the invention, you conceded a privilege,
not for a real discovery, but for a possible discovery, and that
thus the field of industry was given up by you before the plough
was found? Certainly, your duty bade you to be prudent; but who
gave you a commission to be dupes?
Thus the patent for invention is not even the fixing of a date;
it is an abandonment in anticipation. It is as if the law should
say: "I assure the land to the first occupant, but without
guaranteeing its quality, its location, or even its existence;
not even knowing whether I ought to give it up or that it falls
within the domain of appropriation!" A pretty use of the
legislative power!
Public-domain text, read in full here on John Shaqi.
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