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
In order to confine myself to the civil prescription of which the Code
speaks, I shall refrain from beginning a discussion upon this worn-out
objection brought forward by proprietors; it would be too tiresome
and declamatory. Everybody knows that there are rights which cannot be
prescribed; and, as for those things which can be gained through the
lapse of time, no one is ignorant of the fact that prescription requires
certain conditions, the omission of one of which renders it null. If it
is true, for example, that the proprietor's possession has been CIVIL,
PUBLIC, PEACEABLE, and UNINTERRUPTED, it is none the less true that
it is not based on a just title; since the only titles which it can
show--occupation and labor--prove as much for the proletaire who
demands, as for the proprietor who defends. Further, this possession is
DISHONEST, since it is founded on a violation of right, which prevents
prescription, according to the saying of St. Paul--_Nunquam in
usucapionibus juris error possessori prodest_. The violation of right
lies either in the fact that the holder possesses as proprietor, while
he should possess only as usufructuary; or in the fact that he has
purchased a thing which no one had a right to transfer or sell.
Another reason why prescription cannot be adduced in favor of property
(a reason borrowed from jurisprudence) is that the right to possess
real estate is a part of a universal right which has never been totally
destroyed even at the most critical periods; and the proletaire, in
order to regain the power to exercise it fully, has only to prove that
he has always exercised it in part.
He, for example, who has the universal right to possess, give, exchange,
loan, let, sell, transform, or destroy a thing, preserves the integrity
of this right by the sole act of loaning, though he has never shown his
authority in any other manner. Likewise we shall see that EQUALITY OF
POSSESSIONS, EQUALITY OF RIGHTS, LIBERTY, WILL, PERSONALITY, are so
many identical expressions of one and the same idea,--the RIGHT OF
PRESERVATION and DEVELOPMENT; in a word, the right of life, against
which there can be no prescription until the human race has vanished
from the face of the earth.
Public-domain text, read in full here on John Shaqi.
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