ntiquity show?
The members of the Council of the State--M. Portalis at their head--did
not raise, in their discussion of the Code, the question of the
legitimacy of property. "Their silence," says M. Wolowski, "is a
precedent in favor of this right." I may regard this reply as personally
addressed to me, since the observation belongs to me. I reply, "As long
as an opinion is universally admitted, the universality of belief serves
of itself as argument and proof. When this same opinion is attacked,
the former faith proves nothing; we must resort to reason. Ignorance,
however old and pardonable it may be, never outweighs reason."
Property has its abuses, M. Wolowski confesses. "But," he says, "these
abuses gradually disappear. To-day their cause is known. They all arise
from a false theory of property. In principle, property is inviolable,
but it can and must be checked and disciplined." Such are the
conclusions of the professor.
When one thus remains in the clouds, he need not fear to equivocate.
Nevertheless, I would like him to define these ABUSES of property, to
show their cause, to explain this true theory from which no abuse is to
spring; in short, to tell me how, without destroying property, it can
be governed for the greatest good of all. "Our civil code," says M.
Wolowski, in speaking of this subject, "leaves much to be desired." I
think it leaves every thing undone.
Finally, M. Wolowski opposes, on the one hand, the concentration of
capital, and the absorption which results therefrom; and, on the other,
he objects to the extreme division of the land. Now I think that I have
demonstrated in my First Memoir, that large accumulation and minute
division are the first two terms of an economical trinity,--a THESIS and
an ANTITHESIS. But, while M. Wolowski says nothing of the third term,
the SYNTHESIS, and thus leaves the inference in suspense, I have shown
that this third term is ASSOCIATION, which is the annihilation of
property.
November 30.--LITERARY PROPERTY. M. Wolowski grants that it is just to
recognize the rights of talent (which is not in the least hostile to
equality); but he seriously objects to perpetual and absolute property
in the works of genius, to the profit of the authors' heirs. His main
argument is, that society has a right of collective production over
every creation of the mind. Now, it is precisely this principle of
collective power that I developed in my "Inquiries into Property and
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