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
Finally, as to the time required for prescription, it would be
superfluous to show that the right of property in general cannot be
acquired by simple possession for ten, twenty, a hundred, a thousand,
or one hundred thousand years; and that, so long as there exists a human
head capable of understanding and combating the right of property, this
right will never be prescribed. For principles of jurisprudence and
axioms of reason are different from accidental and contingent facts.
One man's possession can prescribe against another man's possession; but
just as the possessor cannot prescribe against himself, so reason has
always the faculty of change and reformation. Past error is not binding
on the future. Reason is always the same eternal force. The institution
of property, the work of ignorant reason, may be abrogated by a more
enlightened reason. Consequently, property cannot be established by
prescription. This is so certain and so true, that on it rests the
maxim that in the matter of prescription a violation of right goes for
nothing.
But I should be recreant to my method, and the reader would have the
right to accuse me of charlatanism and bad faith, if I had nothing
further to advance concerning prescription. I showed, in the first
place, that appropriation of land is illegal; and that, supposing it to
be legal, it must be accompanied by equality of property. I have shown,
in the second place, that universal consent proves nothing in favor
of property; and that, if it proves any thing, it proves equality of
property. I have yet to show that prescription, if admissible at all,
presupposes equality of property.
This demonstration will be neither long nor difficult. I need only to
call attention to the reasons why prescription was introduced.
"Prescription," says Dunod, "seems repugnant to natural equity, which
permits no one either to deprive another of his possessions without his
knowledge and consent, or to enrich himself at another's expense. But as
it might often happen, in the absence of prescription, that one who had
honestly earned would be ousted after long possession; and even that
he who had received a thing from its rightful owner, or who had been
legitimately relieved from all obligations, would, on losing his title,
be liable to be dispossessed or subjected again,--the public welfare
demanded that a term should be fixed, after the expiration of which no
one should be allowed to disturb actual possessors, or reassert rights
too long neglected.... The civil law, in regulating prescription, has
aimed, then, only to perfect natural law, and to supplement the law of
nations; and as it is founded on the public good, which should always be
considered before individual welfare,--_bono publico usucapio introducta
est_,--it should be regarded with favor, provided the conditions
required by the law are fulfilled."
Public-domain text, read in full here on John Shaqi.
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