《what is property》

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what is property- 第87部分


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but who; according to M。 Wolowski; attacked property only AS A JOKE; and in order to point a paradox; Robespierre; who prohibited a division of the land; because he regarded such a measure as a rejuvenescence of property; and who; while awaiting the definitive organization of the republic; placed all property in the care?? of the people; that is; transferred the right of eminent domain from the individual to society; Babeuf; who wanted property for the nation; and communism for the citizens; M。 Considerant; who favors a division of landed property into shares;that is; who wishes to render property nominal and fictitious: the whole being intermingled with jokes and witticisms (intended undoubtedly to lead people away from the HORNETS' NESTS) at the expense of the adversaries of the right of property!

'1'  In a very short article; which was read by M。 Wolowski; M。 Louis Blanc declares; in substance; that he is not a communist (which I easily believe); that one must be a fool to attack property (but he does not say why); and that it is very necessary to guard against confounding property with its abuses。  When Voltaire overthrew Christianity; he repeatedly avowed that he had no spite against religion; but only against its abuses。




November 26。M。 Wolowski supposes this objection: Land; like water; air; and light; is necessary to life; therefore it cannot be appropriated; and he replies: The importance of landed property diminishes as the power of industry increases。

Good! this importance DIMINISHES; but it does not DISAPPEAR; and this; of itself; shows landed property to be illegitimate。  Here M。 Wolowski pretends to think that the opponents of property refer only to property in land; while they merely take it as a term of comparison; and; in showing with wonderful clearness the absurdity of the position in which he places them; he finds a way of drawing the attention of his hearers to another subject without being false to the truth which it is his office to contradict。

〃Property;〃 says M。 Wolowski; 〃is that which distinguishes man from the animals。〃  That may be; but are we to regard this as a compliment or a satire?

〃Mahomet;〃 says M。 Wolowski; 〃decreed property。〃  And so did Genghis Khan; and Tamerlane; and all the ravagers of nations。  What sort of legislators were they?

〃Property has been in existence ever since the origin of the human race。〃  Yes; and so has slavery; and despotism also; and likewise polygamy and idolatry。  But what does this antiquity show?

The members of the Council of the StateM。 Portalis at their headdid not raise; in their discussion of the Code; the question of the legitimacy of property。  〃Their silence;〃 says M。 Wolowski; 〃is a precedent in favor of this right。〃  I may regard this reply as personally addressed to me; since the observation belongs to me。  I reply; 〃As long as an opinion is universally admitted; the universality of belief serves of itself as argument and proof。  When this same opinion is attacked; the former faith proves nothing; we must resort to reason。  Ignorance; however old and pardonable it may be; never outweighs reason。〃

Property has its abuses; M。 Wolowski confesses。  〃But;〃 he says; 〃these abuses gradually disappear。  To…day their cause is known。  They all arise from a false theory of property。  In principle; property is inviolable; but it can and must be checked and disciplined。〃  Such are the conclusions of the professor。

When one thus remains in the clouds; he need not fear to equivocate。  Nevertheless; I would like him to define these ABUSES of property; to show their cause; to explain this true theory from which no abuse is to spring; in short; to tell me how; without destroying property; it can be governed for the greatest good of all。  〃Our civil code;〃 says M。 Wolowski; in speaking of this subject; 〃leaves much to be desired。〃  I think it leaves every thing undone。

Finally; M。 Wolowski opposes; on the one hand; the concentration of capital; and the absorption which results therefrom; and; on the other; he objects to the extreme division of the land。  Now I think that I have demonstrated in my First Memoir; that large accumulation and minute division are the first two terms of an economical trinity;a THESIS and an ANTITHESIS。  But; while M。 Wolowski says nothing of the third term; the SYNTHESIS; and thus leaves the inference in suspense; I have shown that this third term is ASSOCIATION; which is the annihilation of property。

November 30。LITERARY PROPERTY。  M。 Wolowski grants that it is just to recognize the rights of talent (which is not in the least hostile to equality); but he seriously objects to perpetual and absolute property in the works of genius; to the profit of the authors' heirs。  His main argument is; that society has a right of collective production over every creation of the mind。  Now; it is precisely this principle of collective power that I developed in my 〃Inquiries into Property and Government;〃 and on which I have established the complete edifice of a new social organization。  M。 Wolowski is; as far as I know; the first jurist who has made a legislative application of this economical law。  Only; while I have extended the principle of collective power to every sort of product; M。 Wolowski; more prudent than it is my nature to be; confines it to neutral ground。  So; that that which I am bold enough to say of the whole; he is contented to affirm of a part; leaving the intelligent hearer to fill up the void for himself。  However; his arguments are keen and close。  One feels that the professor; finding himself more at ease with one aspect of property; has given the rein to his intellect; and is rushing on towards liberty。

1。 Absolute literary property would hinder the activity of other men; and obstruct the development of humanity。  It would be the death of progress; it would be suicide。  What would have happened if the first inventions;the plough; the level; the saw; &c。; had been appropriated?

Such is the first proposition of M。 Wolowski。

I reply:  Absolute property in land and tools hinders human activity; and obstructs progress and the free development of man。

What happened in Rome; and in all the ancient nations?  What occurred in the middle ages?  What do we see to…day in England; in consequence of absolute property in the sources of production?

The suicide of humanity。

2。 Real and personal property is in harmony with the social interest。  In consequence of literary property; social and individual interests are perpetually in conflict。

The statement of this proposition contains a rhetorical figure; common with those who do not enjoy full and complete liberty of speech。  This figure is the _anti…phrasis_ or _contre…verite_。  It consists; according to Dumarsais and the best humanists; in saying one thing while meaning another。  M。 Wolowski's proposition; naturally expressed; would read as follows:  〃Just as real and personal property is essentially hostile to society; so; in consequence of literary property; social and individual interests are perpetually in conflict。〃

3。 M。 de Montalembert; in the Chamber of Peers; vehemently protested against the assimilation of authors to inventors of machinery; an assimilation which he claimed to be injurious to the former。  M。 Wolowski replies; that the rights of authors; without machinery; would be nil; that; without paper…mills; type foundries; and printing…offices; there could be no sale of verse and prose; that many a mechanical invention;the compass; for instance; the telescope; or the steam…engine;is quite as valuable as a book。

Prior to M。 Montalembert; M。 Charles Comte had laughed at the inference in favor of mechanical inventions; which logical minds never fail to draw from the privileges granted to authors。  〃He;〃 says M。 Comte; 〃who first conceived and executed the idea of transforming a piece of wood into a pair of sabots; or an animal's hide into a pair of sandals; would thereby have acquired an exclusive right to make shoes for the human race!〃  Undoubtedly; under the system of property。  For; in fact; this pair of sabots; over which you make so merry; is the creation of the shoemaker; the work of his genius; the expression of his thought; to him it is his poem; quite as much as 〃Le Roi s'amuse;〃 is M。 Victor Hugo's drama。  Justice for all alike。  If you refuse a patent to a perfecter of boots; refuse also a privilege to a maker of rhymes。

4。 That which gives importance to a book is a fact external to the author and his work。  Without the intelligence of society; without its development; and a certain community of ideas; passions; and interests between it and the authors; the works of the latter would be worth nothing。  The exchangeable value of a book is due even more to the SOCIAL CONDITION than to the talent displayed in it。

Indeed; it seems as if I were copying my own words。  This proposition of M。 Wolowski contains a special expression of a general and absolute idea; one of the strongest and most conclusive against the right of property。  Why do artists; like mechanics; find the means to live?  Because society has made the fine arts; like the rudest industries; objects of consumption and exchange; governed consequently by all the laws 
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