What is Property? An Inquiry into the Principle of Right and of GovernmentProudhon, P.-J. (Pierre-Joseph)
Philosophy
What is Property? An Inquiry into the Principle of Right and of Government
Proudhon, P.-J. (Pierre-Joseph)
Economics; Property
However, M. Laboulaye is in perfect accord with himself when he adds,
"Possession of the soil rests solely upon force until society takes it
in hand, and espouses the cause of the possessor;" [62] and, a little
farther, "The right of property is not natural, but social. The laws not
only protect property: they give it birth," &c. Now, that which the
law has made the law can unmake; especially since, according to
M. Laboulaye,--an avowed partisan of the historical or pantheistic
school,--the law is not absolute, is not an idea, but a form.
But why is it that property is variable, and, unlike obligation,
incapable of definition and settlement? Before affirming, somewhat
boldly without doubt, that in right there are no absolute principles
(the most dangerous, most immoral, most tyrannical--in a word, most
anti-social--assertion imaginable), it was proper that the right of
property should be subjected to a thorough examination, in order to put
in evidence its variable, arbitrary, and contingent elements, and
those which are eternal, legitimate, and absolute; then, this operation
performed, it became easy to account for the laws, and to correct all
the codes.
Now, this examination of property I claim to have made, and in the
fullest detail; but, either from the public's lack of interest in
an unrecommended and unattractive pamphlet, or--which is more
probable--from the weakness of exposition and want of genius which
characterize the work, the First Memoir on Property passed unnoticed;
scarcely would a few communists, having turned its leaves, deign to
brand it with their disapprobation. You alone, sir, in spite of the
disfavor which I showed for your economical predecessors in too severe
a criticism of them,--you alone have judged me justly; and although I
cannot accept, at least literally, your first judgment, yet it is to
you alone that I appeal from a decision too equivocal to be regarded as
final.
It not being my intention to enter at present into a discussion of
principles, I shall content myself with estimating, from the point of
view of this simple and intelligible absolute, the theories of property
which our generation has produced.
The most exact idea of property is given us by the Roman law, faithfully
followed in this particular by the ancient legists. It is the absolute,
exclusive, autocratic domain of a man over a thing,--a domain which
begins by USUCAPTION, is maintained by POSSESSION, and finally, by the
aid of PRESCRIPTION, finds its sanction in the civil law; a domain which
so identifies the man with the thing, that the proprietor can say, "He
who uses my field, virtually compels me to labor for him; therefore he
owes me compensation."
I pass in silence the secondary modes by which property can be
acquired,--_tradition, sale, exchange, inheritance_, &c.,--which have
nothing in common with the origin of property.
Public-domain text, read in full here on John Shaqi.
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