[What is Property? by P. J. Proudhon]@TWC D-Link bookWhat is Property? CHAPTER II 51/57
So we are indebted to property for the creation of the civil State." Yes, of our civil State, as you have made it; a State which, at first, was despotism, then monarchy, then aristocracy, today democracy, and always tyranny. "Without the ties of property it never would have been possible to subordinate men to the wholesome yoke of the law; and without permanent property the earth would have remained a vast forest.
Let us admit, then, with the most careful writers, that if transient property, or the right of preference resulting from occupation, existed prior to the establishment of civil society, permanent property, as we know it to-day, is the work of civil law.
It is the civil law which holds that, when once acquired, property can be lost only by the action of the proprietor, and that it exists even after the proprietor has relinquished possession of the thing, and it has fallen into the hands of a third party. "Thus property and possession, which originally were confounded, became through the civil law two distinct and independent things; two things which, in the language of the law, have nothing whatever in common.
In this we see what a wonderful change has been effected in property, and to what an extent Nature has been altered by the civil laws." Thus the law, in establishing property, has not been the expression of a psychological fact, the development of a natural law, the application of a moral principle.
It has literally CREATED a right outside of its own province.
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