master by right of accession. The people wanted the
conditions of OWNERSHIP to be alike for all; they thought that every one
should ENJOY AND FREELY DISPOSE OF HIS POSSESSIONS HIS INCOME AND THE
FRUIT OF HIS LABOR AND INDUSTRY. The people did not invent property; but
as they had not the same privileges in regard to it, which the nobles
and clergy possessed, they decreed that the right should be exercised
by all under the same conditions. The more obnoxious forms of
property--statute-labor, mortmain, maitrise, and exclusion from public
office--have disappeared; the conditions of its enjoyment have been
modified: the principle still remains the same. There has been progress
in the regulation of the right; there has been no revolution.
These, then, are the three fundamental principles of modern society,
established one after another by the movements of 1789 and 1830: 1.
SOVEREIGNTY OF THE HUMAN WILL; in short, DESPOTISM. 2. INEQUALITY OF
WEALTH AND RANK. 3. PROPERTY--above JUSTICE, always invoked as the
guardian angel of sovereigns, nobles, and proprietors; JUSTICE, the
general, primitive, categorical law of all society.
We must ascertain whether the ideas of DESPOTISM, CIVIL INEQUALITY
and PROPERTY, are in harmony with the primitive notion of JUSTICE, and
necessarily follow from it,--assuming various forms according to the
condition, position, and relation of persons; or whether they are not
rather the illegitimate result of a confusion of different things, a
fatal association of ideas. And since justice deals especially with the
questions of government, the condition of persons, and the possession
of things, we must ascertain under what conditions, judging by universal
opinion and the progress of the human mind, government is just, the
condition of citizens is just, and the possession of things is just;
then, striking out every thing which fails to meet these conditions,
the result will at once tell us what legitimate government is, what the
legitimate condition of citizens is, and what the legitimate possession
of things is; and finally, as the last result of the analysis, what
JUSTICE is.
Is the authority of man over man just?
Everybody answers, "No; the authority of man is only the authority of
the law, which ought to be justice and truth." The private will counts
for nothing in government, which consists, first, in discovering truth
and justice in order to make the law; and, second, in superintending the
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