第 29 节
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管他三七二十一 更新:2021-02-20 05:36 字数:9321
r that prescription and property are two forms of the same principle; but two forms which serve to correct each other; and ancient and modern jurisprudence did not make the least of its blunders in pretending to reconcile them。 Indeed; if we see in the institution of property only a desire to secure to each individual his share of the soil and his right to labor; in the distinction between naked property and possession only an asylum for absentees; orphans; and all who do not know; or cannot maintain; their rights; in prescription only a means; either of defence against unjust pretensions and encroachments; or of settlement of the differences caused by the removal of possessors;we shall recognize in these various forms of human justice the spontaneous efforts of the mind to come to the aid of the social instinct; we shall see in this protection of all rights the sentiment of equality; a constant levelling tendency。 And; looking deeper; we shall find in the very exaggeration of these principles the confirmation of our doctrine; because; if equality of conditions and universal association are not soon realized; it will be owing to the obstacle thrown for the time in the way of the common sense of the people by the stupidity of legislators and judges; and also to the fact that; while society in its original state was illuminated with a flash of truth; the early speculations of its leaders could bring forth nothing but darkness。
After the first covenants; after the first draughts of laws and constitutions; which were the expression of man's primary needs; the legislator's duty was to reform the errors of legislation; to complete that which was defective; to harmonize; by superior definitions; those things which seemed to conflict。 Instead of that; they halted at the literal meaning of the laws; content to play the subordinate part of commentators and scholiasts。 Taking the inspirations of the human mind; at that time necessarily weak and faulty; for axioms of eternal and unquestionable truth;influenced by public opinion; enslaved by the popular religion;they have invariably started with the principle (following in this respect the example of the theologians) that that is infallibly true which has been admitted by all persons; in all places; and at all times_quod ab omnibus; quod ubique; quod semper;_ as if a general but spontaneous opinion was any thing more than an indication of the truth。 Let us not be deceived: the opinion of all nations may serve to authenticate the perception of a fact; the vague sentiment of a law; it can teach us nothing about either fact or law。 The consent of mankind is an indication of Nature; not; as Cicero says; a law of Nature。 Under the indication is hidden the truth; which faith can believe; but only thought can know。 Such has been the constant progress of the human mind in regard to physical phenomena and the creations of genius: how can it be otherwise with the facts of conscience and the rules of human conduct?
% 4。LaborThat Labor Has No Inherent Power to Appropriate Natural Wealth。
We shall show by the maxims of political economy and law; that is; by the authorities recognized by property;
1。 That labor has no inherent power to appropriate natural wealth。
2。 That; if we admit that labor has this power; we are led directly to equality of property;whatever the kind of labor; however scarce the product; or unequal the ability of the laborers。
3。 That; in the order of justice; labor DESTROYS property。
Following the example of our opponents; and that we may leave no obstacles in the path; let us examine the question in the strongest possible light。
M。 Ch。 Comte says; in his 〃Treatise on Property:〃
〃France; considered as a nation; has a territory which is her own。〃
France; as an individuality; possesses a territory which she cultivates; it is not her property。 Nations are related to each other as individuals are: they are commoners and workers; it is an abuse of language to call them proprietors。 The right of use and abuse belongs no more to nations than to men; and the time will come when a war waged for the purpose of checking a nation in its abuse of the soil will be regarded as a holy war。
Thus; M。 Ch。 Comtewho undertakes to explain how property comes into existence; and who starts with the supposition that a nation is a proprietorfalls into that error known as BEGGING THE QUESTION; a mistake which vitiates his whole argument。
If the reader thinks it is pushing logic too far to question a nation's right of property in the territory which it possesses; I will simply remind him of the fact that at all ages the results of the fictitious right of national property have been pretensions to suzerainty; tributes; monarchical privileges; statute…labor; quotas of men and money; supplies of merchandise; &c。; ending finally in refusals to pay taxes; insurrections; wars; and depopulations。
〃Scattered through this territory are extended tracts of land; which have not been converted into individual property。 These lands; which consist mainly of forests; belong to the whole population; and the government; which receives the revenues; uses or ought to use them in the interest of all。〃
OUGHT TO USE is well said: a lie is avoided thereby。
〃Let them be offered for sale。 。 。 。〃
Why offered for sale? Who has a right to sell them? Even were the nation proprietor; can the generation of to…day dispossess the generation of to…morrow? The nation; in its function of usufructuary; possesses them; the government rules; superintends; and protects them。 If it also granted lands; it could grant only their use; it has no right to sell them or transfer them in any way whatever。 Not being a proprietor; how can it transmit property?
〃Suppose some industrious man buys a portion; a large swamp for example。 This would be no usurpation; since the public would receive the exact value through the hands of the government; and would be as rich after the sale as before。〃
How ridiculous! What! because a prodigal; imprudent; incompetent official sells the State's possessions; while I; a ward of the State;I who have neither an advisory nor a deliberative voice in the State councils;while I am allowed to make no opposition to the sale; this sale is right and legal! The guardians of the nation waste its substance; and it has no redress! I have received; you tell me; through the hands of the government my share of the proceeds of the sale: but; in the first place; I did not wish to sell; and; had I wished to; I could not have sold。 I had not the right。 And then I do not see that I am benefited by the sale。 My guardians have dressed up some soldiers; repaired an old fortress; erected in their pride some costly but worthless monument;then they have exploded some fireworks and set up a greased pole! What does all that amount to in comparison with my loss?
The purchaser draws boundaries; fences himself in; and says; 〃This is mine; each one by himself; each one for himself。〃 Here; then; is a piece of land upon which; henceforth; no one has a right to step; save the proprietor and his friends; which can benefit nobody; save the proprietor and his servants。 Let these sales multiply; and soon the peoplewho have been neither able nor willing to sell; and who have received none of the proceeds of the salewill have nowhere to rest; no place of shelter; no ground to till。 They will die of hunger at the proprietor's door; on the edge of that property which was their birthright; and the proprietor; watching them die; will exclaim; 〃 So perish idlers and vagrants!〃
To reconcile us to the proprietor's usurpation; M。 Ch。 Comte assumes the lands to be of little value at the time of sale。
〃The importance of these usurpations should not be exaggerated: they should be measured by the number of men which the occupied land would support; and by the means which it would furnish them。
It is evident; for instance; that if a piece of land which is worth to…day one thousand francs was worth only five centimes when it was usurped; we really lose only the value of five centimes。 A square league of earth would be hardly sufficient to support a savage in distress; to…day it supplies one thousand persons with the means of existence。 Nine hundred and ninety… nine parts of this land is the legitimate property of the possessors; only one…thousandth of the value has been usurped。〃
A peasant admitted one day; at confession; that he had destroyed a document which declared him a debtor to the amount of three hundred francs。 Said the father confessor; 〃You must return these three hundred francs。〃 〃No;〃 replied the peasant; 〃I will return a penny to pay for the paper。〃
M。 Ch。 Comte's logic resembles this peasant's honesty。 The soil has not only an integrant and actual value; it has also a potential value;a value of the future;which depends on our ability to make it valuable; and to employ it in our work。 Destroy a bill of exchange; a promissory note; an annuity deed;as a paper you destroy almost no value at all; but with this paper you destroy your title; and; in losing your title; you deprive yourself of your goods。 Destroy the land; or; what is the same thing; sell it;you not