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he likes; for the very reason that A is stronger than B。 Consequently; it is not the right of property which enables A and C to rob B and D; but the right of might。 By the right of property; neither the two neighbors A and B; nor the two merchants C and D; could harm each other。 They could neither dispossess nor destroy one another; nor gain at one another's expense。 The power of invasion lies in superior strength。
But it is superior strength also which enables the manufacturer to reduce the wages of his employees; and the rich merchant and well…stocked proprietor to sell their products for what they please。 The manufacturer says to the laborer; 〃You are as free to go elsewhere with your services as I am to receive them。 I offer you so much。〃 The merchant says to the customer; 〃Take it or leave it; you are master of your money; as I am of my goods。 I want so much。〃 Who will yield? The weaker。
Therefore; without force; property is powerless against property; since without force it has no power to increase; therefore; without force; property is null and void。
HISTORICAL COMMENT。The struggle between colonial and native sugars furnishes us a striking example of this impossibility of property。 Leave these two industries to themselves; and the native manufacturer will be ruined by the colonist。 To maintain the beet…root; the cane must be taxed: to protect the property of the one; it is necessary to injure the property of the other。 The most remarkable feature of this business is precisely that to which the least attention is paid; namely; that; in one way or another; property has to be violated。 Impose on each industry a proportional tax; so as to preserve a balance in the market; and you create a MAXIMUM PRICE;you attack property in two ways。 On the one hand; your tax interferes with the liberty of trade; on the other; it does not recognize equality of proprietors。 Indemnify the beet…root; you violate the property of the tax… payer。 Cultivate the two varieties of sugar at the nation's expense; just as different varieties of tobacco are cultivated; you abolish one species of property。 This last course would be the simpler and better one; but; to induce the nations to adopt it; requires such a co…operation of able minds and generous hearts as is at present out of the question。
Competition; sometimes called liberty of trade;in a word; property in exchange;will be for a long time the basis of our commercial legislation; which; from the economical point of view; embraces all civil laws and all government。 Now; what is competition? A duel in a closed field; where arms are the test of right。
〃Who is the liar;the accused or the accuser?〃 said our barbarous ancestors。 〃Let them fight it out;〃 replied the still more barbarous judge; 〃the stronger is right。〃
Which of us two shall sell spices to our neighbor? 〃Let each offer them for sale;〃 cries the economist; 〃the sharper; or the more cunning; is the more honest man; and the better merchant。〃
Such is the exact spirit of the Code Napoleon。
TENTH PROPOSITION。
Property is impossible; because it is the Negation of equality。
The development of this proposition will be the resume of the preceding ones。
1。 It is a principle of economical justice; that PRODUCTS ARE BOUGHT ONLY BY PRODUCTS。 Property; being capable of defence only on the ground that it produces utility; is; since it produces nothing; for ever condemned。
2。 It is an economical law; that LABOR MUST BE BALANCED BY PRODUCT。 It is a fact that; with property; production costs more than it is worth。
3。 Another economical law: THE CAPITAL BEING GIVEN; PRODUCTION IS MEASURED; NOT BY THE AMOUNT OF CAPITAL; BUT BY PRODUCTIVE CAPACITY。 Property; requiring income to be always proportional to capital without regard to labor; does not recognize this relation of equality between effect and cause。
4 and 5。 Like the insect which spins its silk; the laborer never produces for himself alone。 Property; demanding a double product and unable to obtain it; robs the laborer; and kills him。
6。 Nature has given to every man but one mind; one heart; one will。 Property; granting to one individual a plurality of votes; supposes him to have a plurality of minds。
7。 All consumption which is not reproductive of utility is destruction。 Property; whether it consumes or hoards or capitalizes; is productive of INUTILITY;the cause of sterility and death。
8。 The satisfaction of a natural right always gives rise to an equation; in other words; the right to a thing is necessarily balanced by the possession of the thing。 Thus; between the right to liberty and the condition of a free man there is a balance; an equation; between the right to be a father and paternity; an equation; between the right to security and the social guarantee; an equation。 But between the right of increase and the receipt of this increase there is never an equation; for every new increase carries with it the right to another; the latter to a third; and so on for ever。 Property; never being able to accomplish its object; is a right against Nature and against reason。
9。 Finally; property is not self…existent。 An extraneous cause either FORCE or FRAUDis necessary to its life and action。 In other words; property is not equal to property: it is a negationa delusionNOTHING。
CHAPTER V。
PSYCHOLOGICAL EXPOSITION OF THE IDEA OF JUSTICE AND INJUSTICE; AND A DETERMINATION OF THE PRINCIPLE OF GOVERNMENT AND OF RIGHT。
Property is impossible; equality does not exist。 We hate the former; and yet wish to possess it; the latter rules all our thoughts; yet we know not how to reach it。 Who will explain this profound antagonism between our conscience and our will? Who will point out the causes of this pernicious error; which has become the most sacred principle of justice and society?
I am bold enough to undertake the task; and I hope to succeed。
But before explaining why man has violated justice; it is necessary to determine what justice is。
PART FIRST。
% 1。Of the Moral Sense in Man and the Animals。
The philosophers have endeavored often to locate the line which separates man's intelligence from that of the brutes; and; according to their general custom; they gave utterance to much foolishness before resolving upon the only course possible for them to take;observation。 It was reserved for an unpretending savantwho perhaps did not pride himself on his philosophyto put an end to the interminable controversy by a simple distinction; but one of those luminous distinctions which are worth more than systems。 Frederic Cuvier separated INSTINCT from INTELLIGENCE。
But; as yet; no one has proposed this question:
IS THE DIFFERENCE BETWEEN MAN'S MORAL SENSE AND THAT OF THE BRUTE A DIFFERENCE IN KIND OR ONLY IN DEGREE?
If; hitherto; any one had dared to maintain the latter alternative; his arguments would have seemed scandalous; blasphemous; and offensive to morality and religion。 The ecclesiastical and secular tribunals would have condemned him with one voice。 And; mark the style in which they would have branded the immoral paradox! 〃Conscience;〃they would have cried;〃conscience; man's chief glor