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
And, indeed, if all nations, through their instinct of justice and their
conservative nature, have recognized the utility and the necessity
of prescription; and if their design has been to guard thereby the
interests of the possessor,--could they not do something for the absent
citizen, separated from his family and his country by commerce, war, or
captivity, and in no position to exercise his right of possession? No.
Also, at the same time that prescription was introduced into the laws,
it was admitted that property is preserved by intent alone,--_nudo
animo_. Now, if property is preserved by intent alone, if it can be
lost only by the action of the proprietor, what can be the use of
prescription? How does the law dare to presume that the proprietor, who
preserves by intent alone, intended to abandon that which he has allowed
to be prescribed? What lapse of time can warrant such a conjecture;
and by what right does the law punish the absence of the proprietor by
depriving him of his goods? What then! we found but a moment since that
prescription and property were identical; and now we find that they are
mutually destructive!
Grotius, who perceived this difficulty, replied so singularly that his
words deserve to be quoted: _Bene sperandum de hominibus, ac propterea
non putandum eos hoc esse animo ut, rei caducae causa, hominem alterum
velint in perpetuo peccato versari, quo d evitari saepe non poterit sine
tali derelictione_.
"Where is the man," he says, "with so unchristian a soul that, for a
trifle, he would perpetuate the trespass of a possessor, which would
inevitably be the result if he did not consent to abandon his right?" By
the Eternal! I am that man. Though a million proprietors should burn for
it in hell, I lay the blame on them for depriving me of my portion of
this world's goods. To this powerful consideration Grotius rejoins, that
it is better to abandon a disputed right than to go to law, disturb the
peace of nations, and stir up the flames of civil war. I accept, if you
wish it, this argument, provided you indemnify me. But if this indemnity
is refused me, what do I, a proletaire, care for the tranquillity and
security of the rich? I care as little for PUBLIC ORDER as for the
proprietor's safety. I ask to live a laborer; otherwise I will die a
warrior.
Public-domain text, read in full here on John Shaqi.
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