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.--Labor--That 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
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