FREE BOOKS

Author's List




PREV.   NEXT  
|<   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106  
107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   >>   >|  
ied it to the principle of property itself? Let me call the attention of the writers on jurisprudence to their own maxims. The right of property, provided it can have a cause, can have but one--_Dominium non potest nisi ex una causa contingere_. I can possess by several titles; I can become proprietor by only one--_Non ut ex pluribus causis idem nobis deberi potest, ita ex pluribus causis idem potest nostrum esse_. The field which I have cleared, which I cultivate, on which I have built my house, which supports myself, my family, and my livestock, I can possess: 1st. As the original occupant; 2d. As a laborer; 3d. By virtue of the social contract which assigns it to me as my share. But none of these titles confer upon me the right of property. For, if I attempt to base it upon occupancy, society can reply, "I am the original occupant." If I appeal to my labor, it will say, "It is only on that condition that you possess." If I speak of agreements, it will respond, "These agreements establish only your right of use." Such, however, are the only titles which proprietors advance. They never have been able to discover any others. Indeed, every right--it is Pothier who says it--supposes a producing cause in the person who enjoys it; but in man who lives and dies, in this son of earth who passes away like a shadow, there exists, with respect to external things, only titles of possession, not one title of property. Why, then, has society recognized a right injurious to itself, where there is no producing cause? Why, in according possession, has it also conceded property? Why has the law sanctioned this abuse of power? The German Ancillon replies thus:-- "Some philosophers pretend that man, in employing his forces upon a natural object,--say a field or a tree,--acquires a right only to the improvements which he makes, to the form which he gives to the object, not to the object itself. Useless distinction! If the form could be separated from the object, perhaps there would be room for question; but as this is almost always impossible, the application of man's strength to the different parts of the visible world is the foundation of the right of property, the primary origin of riches." Vain pretext! If the form cannot be separated from the object, nor property from possession, possession must be shared; in any case, society reserves the right to fix the conditions of property. Let us suppose that an appropriated f
PREV.   NEXT  
|<   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106  
107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   >>   >|  



Top keywords:

property

 
object
 

possession

 

titles

 

potest

 

society

 

possess

 

original

 
occupant
 

separated


producing

 

agreements

 

pluribus

 

causis

 

shared

 
recognized
 

injurious

 

German

 
Ancillon
 

sanctioned


conceded

 

reserves

 

shadow

 

suppose

 
appropriated
 

passes

 

exists

 

replies

 

conditions

 

things


respect

 

external

 
distinction
 
visible
 

Useless

 

strength

 

impossible

 

question

 

pretend

 

employing


philosophers

 
riches
 

application

 

forces

 

natural

 

acquires

 

improvements

 

foundation

 
origin
 
primary