NDER 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
show--occupation and labor--prove 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 fro
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