a person is born, the others must
crowd closer together; and, by reciprocity of obligation, that if the
new comer is afterwards to become an heir, the right of succession does
not give him the right of accumulation, but only the right of choice?
I have followed M. Cousin so far as to imitate his style, and I am
ashamed of it. Do we need such high-sounding terms, such sonorous
phrases, to say such simple things? Man needs to labor in order to live;
consequently, he needs tools to work with and materials to work upon.
His need to produce constitutes his right to produce. Now, this right is
guaranteed him by his fellows, with whom he makes an agreement to that
effect. One hundred thousand men settle in a large country like France
with no inhabitants: each man has a right to 1/100,000 of the land. If
the number of possessors increases, each one's portion diminishes in
consequence; so that, if the number of inhabitants rises to thirty-four
millions, each one will have a right only to 1/34,000,000. Now,
so regulate the police system and the government, labor, exchange,
inheritance, &c., that the means of labor shall be shared by all
equally, and that each individual shall be free; and then society will
be perfect.
Of all the defenders of property, M. Cousin has gone the farthest. He
has maintained against the economists that labor does not establish the
right of property unless preceded by occupation, and against the jurists
that the civil law can determine and apply a natural right, but cannot
create it. In fact, it is not sufficient to say, "The right of property
is demonstrated by the existence of property; the function of the civil
law is purely declaratory." To say that, is to confess that there is
no reply to those who question the legitimacy of the fact itself.
Every right must be justifiable in itself, or by some antecedent right;
property is no exception. For this reason, M. Cousin has sought to base
it upon the SANCTITY of the human personality, and the act by which the
will assimilates a thing. "Once touched by man," says one of M. Cousin's
disciples, "things receive from him a character which transforms and
humanizes them." I confess, for my part, that I have no faith in this
magic, and that I know of nothing less holy than the will of man. But
this theory, fragile as it seems to psychology as well as jurisprudence,
is nevertheless more philosophical and profound than those theories
which are based upon labor
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