II. The original right of property can only be justified by the accident
or merit of prior occupancy; and on this foundation it is wisely
established by the philosophy of the civilians. The savage who hollows a
tree, inserts a sharp stone into a wooden handle, or applies a string to
an elastic branch becomes in a state of nature the just proprietor of
the canoe, the bow, or the hatchet. The materials were common to all,
the new form, the produce of his time and simple industry, belong solely
to himself. His hungry brethren cannot, without a sense of their own
injustice, extort from the hunter the game of the forest overtaken or
slain by his personal strength and dexterity. If his provident care
preserves and multiplies the tame animals, whose nature is tractable to
the arts of education, he acquires a perpetual title to the use and
service of their numerous progeny, which derives its existence from him
alone. If he encloses and cultivates a field for their sustenance and
his own, a barren waste is converted into a fertile soil; the seed, the
manure, the labor, create a new value, and the rewards of harvest are
painfully earned by the fatigues of the revolving year.
In the successive states of society the hunter, the shepherd, the
husbandman, may defend their possessions by two reasons which forcibly
appeal to the feelings of the human mind: that whatever they enjoy is
the fruit of their own industry; and that every man who envies their
felicity may purchase similar acquisitions by the exercise of similar
diligence. Such, in truth, may be the freedom and plenty of a small
colony cast on a fruitful island. But the colony multiplies, while the
space still continues the same; the common rights, the equal inheritance
of mankind, are engrossed by the bold and crafty; each field and forest
is circumscribed by the landmarks of a jealous master; and it is the
peculiar praise of the Roman jurisprudence that it asserts the claim of
the first occupant to the wild animals of the earth, the air, and the
waters. In the progress from primitive equity to final injustice, the
steps are silent, the shades are almost imperceptible, and the absolute
monopoly is guarded by positive laws and artificial reason. The active,
insatiable principle of self-love can alone supply the arts of life and
the wages of industry; and as soon as civil government and exclusive
property have been introduced, they become necessary to the existence of
the human race.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account