e others cannot survive.
M. Troplong, jurist, passes for a philosopher in the eyes of the editors
of "Le Droit." I tell the gentlemen of "Le Droit" that, in the judgment
of philosophers, M. Troplong is only an advocate; and I prove my
assertion.
M. Troplong is a defender of progress. "The words of the code," says he,
"are fruitful sap with which the classic works of the eighteenth century
overflow. To wish to suppress them... is to violate the law of progress,
and to forget that a science which moves is a science which grows." [64]
Now, the only mutable and progressive portion of law, as we have already
seen, is that which concerns property. If, then, you ask what reforms
are to be introduced into the right of property? M. Troplong makes no
reply; what progress is to be hoped for? no reply; what is to be the
destiny of property in case of universal association? no reply; what is
the absolute and what the contingent, what the true and what the false,
in property? no reply. M. Troplong favors quiescence and _in statu
quo_ in regard to property. What could be more unphilosophical in a
progressive philosopher?
Nevertheless, M. Troplong has thought about these things. "There are,"
he says, "many weak points and antiquated ideas in the doctrines of
modern authors concerning property: witness the works of MM. Toullier
and Duranton." The doctrine of M. Troplong promises, then, strong
points, advanced and progressive ideas. Let us see; let us examine:--
"Man, placed in the presence of matter, is conscious of a power over it,
which has been given to him to satisfy the needs of his being. King
of inanimate or unintelligent nature, he feels that he has a right to
modify it, govern it, and fit it for his use. There it is, the subject
of property, which is legitimate only when exercised over things, never
when over persons."
M. Troplong is so little of a philosopher, that he does not even know
the import of the philosophical terms which he makes a show of using. He
says of matter that it is the SUBJECT of property; he should have said
the OBJECT. M. Troplong uses the language of the anatomists, who apply
the term SUBJECT to the human matter used in their experiments.
This error of our author is repeated farther on: "Liberty, which
overcomes matter, the subject of property, &c." The SUBJECT of
property is man; its OBJECT is matter. But even this is but a slight
mortification; directly we shall have some crucifixion
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