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ing； then； by this pretended consent of mankind。
％ 3。Prescription Gives No Title to Property。
The right of property was the origin of evil on the earth； the first link in the long chain of crimes and misfortunes which the human race has endured since its birth。 The delusion of prescription is the fatal charm thrown over the intellect； the death sentence breathed into the conscience； to arrest man's progress towards truth； and bolster up the worship of error。
The Code defines prescription thus： 〃The process of gaining and losing through the lapse of time。〃 In applying this definition to ideas and beliefs； we may use the word PRESCRIPTION to denote the everlasting prejudice in favor of old superstitions； whatever be their object； the opposition； often furious and bloody； with which new light has always been received； and which makes the sage a martyr。 Not a principle； not a discovery； not a generous thought but has met； at its entrance into the world； with a formidable barrier of preconceived opinions； seeming like a conspiracy of all old prejudices。 Prescriptions against reason； prescriptions against facts； prescriptions against every truth hitherto unknown；that is the sum and substance of the _statu quo_ philosophy； the watchword of conservatives throughout the centuries。
When the evangelical reform was broached to the world； there was prescription in favor of violence； debauchery； and selfishness； when Galileo； Descartes； Pascal； and their disciples reconstructed philosophy and the sciences； there was prescription in favor of the Aristotelian philosophy； when our fathers of '89 demanded liberty and equality； there was prescription in favor of tyranny and privilege。 〃There always have been proprietors and there always will be：〃 it is with this profound utterance； the final effort of selfishness dying in its last ditch； that the friends of social inequality hope to repel the attacks of their adversaries； thinking undoubtedly that ideas； like property； can be lost by prescription。
Enlightened to…day by the triumphal march of science； taught by the most glorious successes to question our own opinions； we receive with favor and applause the observer of Nature； who； by a thousand experiments based upon the most profound analysis； pursues a new principle； a law hitherto undiscovered。 We take care to repel no idea； no fact； under the pretext that abler men than ourselves lived in former days； who did not notice the same phenomena； nor grasp the same analogies。 Why do we not preserve a like attitude towards political and philosophical questions？ Why this ridiculous mania for affirming that every thing has been said； which means that we know all about mental and moral science？ Why is the proverb； THERE IS NOTHING NEW UNDER THE SUN； applied exclusively to metaphysical investigations？
Because we still study philosophy with the imagination； instead of by observation and method； because fancy and will are universally regarded as judges； in the place of arguments and facts；it has been impossible to this day to distinguish the charlatan from the philosopher； the savant from the impostor。 Since the days of Solomon and Pythagoras； imagination has been exhausted in guessing out social and psychological laws； all systems have been proposed。 Looked at in this light； it is probably true that EVERY THING HAS BEEN SAID； but it is no less true that EVERY THING REMAINS TO BE PROVED。 In politics （to take only this branch of philosophy）； in politics every one is governed in his choice of party by his passion and his interests； the mind is submitted to the impositions of the will；there is no knowledge； there is not even a shadow of certainty。 In this way； general ignorance produces general tyranny； and while liberty of thought is written in the charter； slavery of thought； under the name of MAJORITY RULE； is decreed by the charter。
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 showoccupation and laborprove 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。
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 t