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what is property-第85章

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esponsible patron possessing the requisite qualifications。

But we Frenchmen have the liberty of the press。  This grand rightthe sword of thought; which elevates the virtuous citizen to the rank of legislator; and makes the malicious citizen an agent of discordfrees us from all preliminary responsibility to the law; but it does not release us from our internal obligation to render a public account of our sentiments and thoughts。  I have used; in all its fulness; and concerning an important question; the right which the charter grants us。  I come to…day; sir; to submit my conscience to your judgment; and my feeble insight to your discriminating reason。  You have criticised in a kindly spiritI had almost said with partiality for the writer a work which teaches a doctrine that you thought it your duty to condemn。  〃The Academy of Moral and Political Sciences;〃 said you in your report; 〃can accept the conclusions of the author only as far as it likes。〃  I venture to hope; sir; that; after you have read this letter; if your prudence still restrains you; your fairness will induce you to do me justice。

MEN; EQUAL IN THE DIGNITY OF THEIR PERSONS AND EQUAL BEFORE THE LAW; SHOULD BE EQUAL IN THEIR CONDITIONS;such is the thesis which I maintained and developed in a memoir bearing the title; 〃What is Property? or; An Inquiry into the Principle of Right and of Government。〃

The idea of social equality; even in individual fortunes; has in all ages besieged; like a vague presentiment; the human imagination。  Poets have sung of it in their hymns; philosophers have dreamed of it in their Utopias; priests teach it; but only for the spiritual world。  The people; governed by it; never have had faith in it; and the civil power is never more disturbed than by the fables of the age of gold and the reign of Astrea。  A year ago; however; this idea received a scientific demonstration; which has not yet been satisfactorily answered; and; permit me to add; never will be。  This demonstration; owing to its slightly impassioned style; its method of reasoning;which was so at variance with that employed by the generally recognized authorities;and the importance and novelty of its conclusions; was of a nature to cause some alarm; and might have been dangerous; had it not beenas you; sir; so well saida sealed letter; so far as the general public was concerned; addressed only to men of intelligence。  I was glad to see that through its metaphysical dress you recognized the wise foresight of the author; and I thank you for it。  May God grant that my intentions; which are wholly peaceful; may never be charged upon me as treasonable!

Like a stone thrown into a mass of serpents; the First Memoir on Property excited intense animosity; and aroused the passions of many。  But; while some wished the author and his work to be publicly denounced; others found in them simply the solution of the fundamental problems of society; a few even basing evil speculations upon the new light which they had obtained。  It was not to be expected that a system of inductions abstractly gathered together; and still more abstractly expressed; would be understood with equal accuracy in its ensemble and in each of its parts。

To find the law of equality; no longer in charity and self… sacrifice (which are not binding in their nature); but in justice; to base equality of functions upon equality of persons; to determine the absolute principle of exchange; to neutralize the inequality of individual faculties by collective force; to establish an equation between property and robbery; to change the law of succession without destroying the principle; to maintain the human personality in a system of absolute association; and to save liberty from the chains of communism; to synthetize the monarchical and democratic forms of government; to reverse the division of powers; to give the executive power to the nation; and to make legislation a positive; fixed; and absolute science;what a series of paradoxes! what a string of delusions! if I may not say; what a chain of truths!  But it is not my purpose here to pass upon the theory of the right of possession。  I discuss no dogmas。  My only object is to justify my views; and to show that; in writing as I did; I not only exercised a right; but performed a duty。

Yes; I have attacked property; and shall attack it again; but; sir; before demanding that I shall make the amende honorable for having obeyed my conscience and spoken the exact truth; condescend; I beg of you; to cast a glance at the events which are happening around us; look at our deputies; our magistrates; our philosophers; our ministers; our professors; and our publicists; examine their methods of dealing with the matter of property; count up with me the restrictions placed upon it every day in the name of the public welfare; measure the breaches already made; estimate those which society thinks of making hereafter; add the ideas concerning property held by all theories in common; interrogate history; and then tell me what will be left; half a century hence; of this old right of property; and; thus perceiving that I have so many accomplices; you will immediately declare me innocent。

What is the law of expropriation on the ground of public utility; which everybody favors; and which is even thought too lenient?'1'

'1'  In the Chamber of Deputies; during the session of the fifth of January; 1841; M。 Dufaure moved to renew the expropriation bill; on the ground of public utility。




A flagrant violation of the right of property。  Society indemnifies; it is said; the dispossessed proprietor; but does it return to him the traditional associations; the poetic charm; and the family pride which accompany property?  Naboth; and the miller of Sans…Souci; would have protested against French law; as they protested against the caprice of their kings。  〃It is the field of our fathers;〃 they would have cried; 〃and we will not sell it!〃  Among the ancients; the refusal of the individual limited the powers of the State。  The Roman law bowed to the will of the citizen; and an emperorCommodus; if I remember rightlyabandoned the project of enlarging the forum out of respect for the rights of the occupants who refused to abdicate。  Property is a real right; _jus_ _in re_;a right inherent in the thing; and whose principle lies in the external manifestation of man's will。  Man leaves his imprint; stamps his character; upon the objects of his handiwork。  This plastic force of man; as the modern jurists say; is the seal which; set upon matter; makes it holy。  Whoever lays hands upon it; against the proprietor's will; does violence to the latter's personality。  And yet; when an administrative committee saw fit to declare that public utility required it; property had to give way to the general will。  Soon; in the name of public utility; methods of cultivation and conditions of enjoyment will be prescribed; inspectors of agriculture and manufactures will be appointed; property will be taken away from unskilful hands; and entrusted to laborers who are more deserving of it; and a general superintendence of production will be established。  It is not two years since I saw a proprietor destroy a forest more than
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