第 30 节
作者:管他三七二十一      更新:2021-02-20 05:36      字数:9322
  you deprive yourself of your goods。  Destroy the land; or; what is the same thing; sell it;you not only transfer one; two; or several crops; but you annihilate all the products that you could derive from it; you and your children and your children's children。
  When M。 Ch。 Comte; the apostle of property and the eulogist of labor; supposes an alienation of the soil on the part of the government; we must not think that he does so without reason and for no purpose; it is a necessary part of his position。  As he rejected the theory of occupancy; and as he knew; moreover; that labor could not constitute the right in the absence of a previous permission to occupy; he was obliged to connect this permission with the authority of the government; which means that property is based upon the sovereignty of the people; in other words; upon universal consent。  This theory we have already considered。
  To say that property is the daughter of labor; and then to give labor material on which to exercise itself; is; if I am not mistaken; to reason in a circle。  Contradictions will result from it。
  〃A piece of land of a certain size produces food enough to supply a man for one day。  If the possessor; through his labor; discovers some method of making it produce enough for two days; he doubles its value。  This new value is his work; his creation: it is taken from nobody; it is his property。〃
  I maintain that the possessor is paid for his trouble and industry in his doubled crop; but that he acquires no right to the land。  〃Let the laborer have the fruits of his labor。〃  Very good; but I do not understand that property in products carries with it property in raw material。  Does the skill of the fisherman; who on the same coast can catch more fish than his fellows; make him proprietor of the fishing…grounds?  Can the expertness of a hunter ever be regarded as a property…title to a game…forest?  The analogy is perfect;the industrious cultivator finds the reward of his industry in the abundancy and superiority of his crop。  If he has made improvements in the soil; he has the possessor's right of preference。  Never; under any circumstances; can he be allowed to claim a property…title to the soil which he cultivates; on the ground of his skill as a cultivator。
  To change possession into property; something is needed besides labor; without which a man would cease to be proprietor as soon as he ceased to be a laborer。  Now; the law bases property upon immemorial; unquestionable possession; that is; prescription。  Labor is only the sensible sign; the physical act; by which occupation is manifested。  If; then; the cultivator remains proprietor after he has ceased to labor and produce; if his possession; first conceded; then tolerated; finally becomes inalienable;it happens by permission of the civil law; and by virtue of the principle of occupancy。  So true is this; that there is not a bill of sale; not a farm lease; not an annuity; but implies it。  I will quote only one example。
  How do we measure the value of land?  By its product。  If a piece of land yields one thousand francs; we say that at five per cent。 it is worth twenty thousand francs; at four per cent。 twenty…five thousand francs; &c。; which means; in other words; that in twenty or twenty…five years' time the purchaser would recover in full the amount originally paid for the land。  If; then; after a certain length of time; the price of a piece of land has been wholly recovered; why does the purchaser continue to be proprietor?  Because of the right of occupancy; in the absence of which every sale would be a redemption。
  The theory of appropriation by labor is; then; a contradiction of the Code; and when the partisans of this theory pretend to explain the laws thereby; they contradict themselves。
  〃If men succeed in fertilizing land hitherto unproductive; or even death…producing; like certain swamps; they create thereby property in all its completeness。〃
  What good does it do to magnify an expression; and play with equivocations; as if we expected to change the reality thereby?  THEY CREATE PROPERTY IN ALL ITS COMPLETENESS。  You mean that they create a productive capacity which formerly did not exist; but this capacity cannot be created without material to support it。  The substance of the soil remains the same; only its qualities and modifications are changed。  Man has created every thingevery thing save the material itself。  Now; I maintain that this material he can only possess and use; on condition of permanent labor;granting; for the time being; his right of property in things which he has produced。
  This; then; is the first point settled: property in product; if we grant so much; does not carry with it property in the means of production; that seems to me to need no further demonstration。  There is no difference between the soldier who possesses his arms; the mason who possesses the materials committed to his care; the fisherman who possesses the water; the hunter who possesses the fields and forests; and the cultivator who possesses the lands: all; if you say so; are proprietors of their productsnot one is proprietor of the means of production。  The right to product is exclusivejus in re; the right to means is commonjus ad rem。
  % 5。That Labor leads to Equality of Property。
  Admit; however; that labor gives a right of property in material。
  Why is not this principle universal?  Why is the benefit of this pretended law confined to a few and denied to the mass of laborers?  A philosopher; arguing that all animals sprang up formerly out of the earth warmed by the rays of the sun; almost like mushrooms; on being asked why the earth no longer yielded crops of that nature; replied:  〃Because it is old; and has lost its fertility。〃  Has labor; once so fecund; likewise become sterile?  Why does the tenant no longer acquire through his labor the land which was formerly acquired by the labor of the proprietor?
  〃Because;〃 they say; 〃it is already appropriated。〃  That is no answer。  A farm yields fifty bushels per hectare; the skill and labor of the tenant double this product: the increase is created by the tenant。  Suppose the owner; in a spirit of moderation rarely met with; does not go to the extent of absorbing this product by raising the rent; but allows the cultivator to enjoy the results of his labor; even then justice is not satisfied。  The tenant; by improving the land; has imparted a new value to the property; he; therefore; has a right to a part of the property。  If the farm was originally worth one hundred thousand francs; and if by the labor of the tenant its value has risen to one hundred and fifty thousand francs; the tenant; who produced this extra value; is the legitimate proprietor of one…third of the farm。  M。 Ch。 Comte could not have pronounced this doctrine false; for it was he who said:
  〃Men who increase the fertility of the earth are no less useful to their fellow…men; than if they should create new land。〃
  Why; then; is not this rule applicable to the man who improves the land; as well as to him who clears it?  The labor of the former makes the land worth one; that of the latter makes it worth two: both create equal values。  Why not accord to both equal property?  I defy any one to refute this argument; without again falling back on the right of first occupancy。
  〃But;〃 it will be said; 〃even if your wish should be granted; property would not be distributed much more evenly than now。  Land does not go on increasing in value for ever; after two or three seasons it attains its maximum fertility。  That which is added by the agricultural art results rather from the progress of science and the diffusion of knowledge; than from the skill of the cultivator。  Consequently; the addition of a few laborers to the mass of proprietors would be no argument against property。〃
  This discussion would; indeed; prove a well…nigh useless one; if our labors culminated in simply extending land…privilege and industrial monopoly; in emancipating only a few hundred laborers out of the millions of proletaires。  But this also is a misconception of our real thought; and does but prove the general lack of intelligence and logic。
  If the laborer; who adds to the value of a thing; has a right of property in it; he who maintains this value acquires the same right。  For what is maintenance?  It is incessant addition; continuous creation。  What is it to cultivate?  It is to give the soil its value every year; it is; by annually renewed creation; to prevent the diminution or destruction of the value of a piece of land。  Admitting; then; that property is rational and legitimate;admitting that rent is equitable and just;I say that he who cultivates acquires property by as good a title as he who clears; or he who improves; and that every time a tenant pays his rent; he obtains a fraction of property in the land entrusted to his care; the denominator of which is equal to the proportion of rent paid。  Unless you admit this; you fall into absolutism and tyranny; you recognize class privileges; you sanction slavery。
  Whoever labors becomes a proprietorthis is an inevitable deduction from the acknowledged principles of political economy and jurisprudence。  And when I say pr