[What is Property? by P. J. Proudhon]@TWC D-Link book
What is Property?

CHAPTER III
19/90

In this way, general ignorance produces general tyranny; and while liberty of thought is written in the charter, slavery of thought, under the name of MAJORITY RULE, is decreed by the charter.
In order to confine myself to the civil prescription of which the Code speaks, I shall refrain from beginning a discussion upon this worn-out objection brought forward by proprietors; it would be too tiresome and declamatory.

Everybody knows that there are rights which cannot be prescribed; and, as for those things which can be gained through the lapse of time, no one is ignorant of the fact that prescription requires certain conditions, the omission of one of which renders it null.

If it is true, for example, that the proprietor's possession has been CIVIL, PUBLIC, PEACEABLE, and UNINTERRUPTED, it is none the less true that it is not based on a just title; since the only titles which it can show--occupation and labor--prove as much for the proletaire who demands, as for the proprietor who defends.

Further, this possession is DISHONEST, since it is founded on a violation of right, which prevents prescription, according to the saying of St.Paul--_Nunquam in usucapionibus juris error possessori prodest_.

The violation of right lies either in the fact that the holder possesses as proprietor, while he should possess only as usufructuary; or in the fact that he has purchased a thing which no one had a right to transfer or sell.
Another reason why prescription cannot be adduced in favor of property (a reason borrowed from jurisprudence) is that the right to possess real estate is a part of a universal right which has never been totally destroyed even at the most critical periods; and the proletaire, in order to regain the power to exercise it fully, has only to prove that he has always exercised it in part.
He, for example, who has the universal right to possess, give, exchange, loan, let, sell, transform, or destroy a thing, preserves the integrity of this right by the sole act of loaning, though he has never shown his authority in any other manner.


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