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
The law is intended to protect men's mutual rights,--that is, the rights
of each against each, and each against all; and, as if a proportion
could exist with less than four terms, the law-makers always disregard
the latter. As long as man is opposed to man, property offsets property,
and the two forces balance each other; as soon as man is isolated, that
is, opposed to the society which he himself represents, jurisprudence is
at fault: Themis has lost one scale of her balance.
Listen to the professor of Rennes, the learned Toullier:--
"How could this claim, made valid by occupation, become stable and
permanent property, which might continue to stand, and which might be
reclaimed after the first occupant had relinquished possession?
"Agriculture was a natural consequence of the multiplication of the
human race, and agriculture, in its turn, favors population, and
necessitates the establishment of permanent property; for who would
take the trouble to plough and sow, if he were not certain that he would
reap?"
To satisfy the husbandman, it was sufficient to guarantee him possession
of his crop; admit even that he should have been protected in his right
of occupation of land, as long as he remained its cultivator. That was
all that he had a right to expect; that was all that the advance of
civilization demanded. But property, property! the right of escheat over
lands which one neither occupies nor cultivates,--who had authority to
grant it? who pretended to have it?
"Agriculture alone was not sufficient to establish permanent property;
positive laws were needed, and magistrates to execute them; in a word,
the civil State was needed.
"The multiplication of the human race had rendered agriculture
necessary; the need of securing to the cultivator the fruit of his labor
made permanent property necessary, and also laws for its protection. So
we are indebted to property for the creation of the civil State."
Yes, of our civil State, as you have made it; a State which, at first,
was despotism, then monarchy, then aristocracy, today democracy, and
always tyranny.
"Without the ties of property it never would have been possible to
subordinate men to the wholesome yoke of the law; and without permanent
property the earth would have remained a vast forest. Let us admit,
then, with the most careful writers, that if transient property, or
the right of preference resulting from occupation, existed prior to
the establishment of civil society, permanent property, as we know it
to-day, is the work of civil law. It is the civil law which holds that,
when once acquired, property can be lost only by the action of
the proprietor, and that it exists even after the proprietor has
relinquished possession of the thing, and it has fallen into the hands
of a third party.
Public-domain text, read in full here on John Shaqi.
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