This is but a small part of Proudhon’s works and there are many key works, such as Confessions of a Revolutionary and The Political Capacity of the Working Classes, which should be made available to the English-speaking world in full. This anthology should hopefully show why such a task would be worthwhile. For those interested in such a project, please visit the translation project at Collective Reason (www.collectivereason.org).
Lastly, the material in this book will be available on-line at www.property-is-theft.org. We plan to add new translations as and when they become available as well as supplementary material on Proudhon. In addition, the site will have links to complete versions of works we have provided extracts from.
A NOTE ON THE TRANSLATIONS
ALL THE TEXTS have been translated in British English rather than American English.
In addition, certain parts of previous translations have been corrected to bring their meaning more in line with the original French (as such consistently translating salariat as “wage-labour” or “wage-worker,” “entrepreneur” rather than “contractor”, etc.), popular usage (such as replacing Tucker’s “property is robbery” with “property is theft”), or to bring them up-to-date (such as “worker” rather than “labourer”). “Workman,” “working men,” etc., have been changed to “worker,” “workers,” etc. This is because they sound antiquated, are unnecessarily gendered in English and using “workman” simply reflects the unthinking cultural sexism of translators from previous generations. In addition, it reads better and fits in with the new translations which render it as “worker.” We have used the original “Commune” in the translation of General Idea of the Revolution, while words Tucker did not translate, like proletaire, have been translated.
Finally, I have revised and edited all the translations and, as a consequence, I take full responsibility for any errors that may occur in the texts.
I.M.
Workers, labourers, men of the people,
whoever you may be, the initiative of
reform is yours. It is you who will accomplish
that synthesis of social composition
which will be the masterpiece of creation,
and you alone can accomplish it.
—Pierre-Joseph Proudhon
What Is Property? Third Memoir
WHAT IS PROPERTY?
OR, AN INQUIRY INTO THE PRINCIPLE OF RIGHT AND OF GOVERNMENT
1840
Translation by Benjamin R. Tucker
CHAPTER I
METHOD PURSUED IN THIS WORK—THE IDEA OF A REVOLUTION
IF I WERE ASKED TO ANSWER THE FOLLOWING QUESTION: What is slavery? and I should answer in one word, It is murder, my meaning would be understood at once. No extended argument would be required to show that the power to take from a man his thought, his will, his personality, is a power of life and death; and that to enslave a man is to kill him. Why, then, to this other question: What is property? may I not likewise answer, It is theft, without the certainty of being misunderstood; the second proposition being no other than a transformation of the first?
I undertake to discuss the vital principle of our government and our institutions, property: I am in my right. I may be mistaken in the conclusion which shall result from my investigations: I am in my right. I think best to place the last thought of my book first: still am I in my right.
Such an author teaches that property is a civil right, born of occupation and sanctioned by law; another maintains that it is a natural right, originating in labour,—and both of these doctrines, totally opposed as they may seem, are encouraged and applauded. I contend that neither labour, nor occupation, nor law, can create property; that it is an effect without a cause: am I censurable?
But murmurs arise!
Property is theft! That is the war-cry of’93! That is the signal of revolutions!
Reader, calm yourself: I am no agent of discord, no firebrand of sedition. I anticipate history by a few days; I disclose a truth whose development we may try in vain to arrest; I write the preamble of our future constitution. This proposition which seems to you blasphemous—Property is theft—would, if our prejudices allowed us to consider it, be recognised as the lightning-rod to shield us from the coming thunderbolt; but too many interests stand in the way!... Alas! philosophy will not change the course of events: destiny will fulfil itself regardless of prophecy. Besides, must not justice be done and our education be finished?
[…]
We must ascertain whether the ideas of despotism, civil inequality and property, are in harmony with the primitive notion of justice, and necessarily follow from it,—assuming various forms according to the condition, position, and relation of persons; or whether they are not rather the illegitimate result of a confusion of different things, a fatal association of ideas. And since justice deals especially with the questions of government, the condition of persons, and the possession of things, we must ascertain under what conditions, judging by universal opinion and the progress of the human mind, government is just, the condition of citizens is just, and the possession of things is just; then, striking out every thing which fails to meet these conditions, the result will at once tell us what legitimate government is, what the legitimate condition of citizens is, and what the legitimate possession of things is; and finally, as the last result of the analysis, what justice is.
Is the authority of man over man just?
Everybody answers, “No; the authority of man is only the authority of the law, which ought to be justice and truth.” The private will counts for nothing in government, which consists, first, in discovering truth and justice in order to make the law; and, second, in superintending the execution of this law. I do not now inquire whether our constitutional form of government satisfies these conditions; whether, for example, the will of the ministry never influences the declaration and interpretation of the law; or whether our deputies, in their debates, are more intent on conquering by argument than by force of numbers: it is enough for me that my definition of a good government is allowed to be correct. This idea is exact. Yet we see that nothing seems more just to the Oriental nations than the despotism of their sovereigns; that, with the ancients and in the opinion of the philosophers themselves, slavery was just; that in the middle ages the nobles, the priests, and the bishops felt justified in holding slaves; that Louis XIV thought that he was right when he said, “The State! I am the State”; and that Napoléon deemed it a crime for the State to oppose his will. The idea of justice, then, applied to sovereignty and government, has not always been what it is today; it has gone on developing and shaping itself by degrees, until it has arrived at its present state. But has it reached its last phase? I think not: only, as the last obstacle to be overcome arises from the institution of property which we have kept intact, in order to finish the reform in government and consummate the revolution, this very institution we must attack.
Is political and civil inequality just?
Some say yes; others no. To the first I would reply that, when the people abolished all privileges of birth and caste, they did it, in all probability, because it was for their advantage; why then do they favour the privileges of fortune more than those of rank and race? Because, say they, political inequality is a result of property and without property society is impossible: thus the question just raised becomes a question of property. To the second I content myself with this remark: If you wish to enjoy political equality, abolish property; otherwise, why do you complain?
Is property just?
Everybody answers without hesitation, “Yes, property is just.” I say everybody, for up to the present time no one who thoroughly understood the meaning of his words has answered no. For it is no easy thing to reply understandingly to such a question; only time and experience can furnish an answer. Now, this answer is given; it is for us to understand it. I undertake to prove it.
We are to proceed with the demonstration in the following order:
I. We dispute not at all,
we refute nobody, we deny nothing; we accept as sound all the arguments alleged in favour of property, and confine ourselves to a search for its principle, in order that we may then ascertain whether this principle is faithfully expressed by property. In fact, property being defensible on no ground save that of justice, the idea, or at least the intention, of justice must of necessity underlie all the arguments that have been made in defence of property; and, as on the other hand the right of property is only exercised over those things which can be appreciated by the senses, justice, secretly objectifying itself, so to speak, must take the shape of an algebraic formula.
By this method of investigation, we soon see that every argument which has been invented in behalf of property, whatever it may be, always and of necessity leads to equality; that is, to the negation of property.
The first part covers two chapters: one treating of occupation, the foundation of our right; the other, of labour and talent, considered as causes of property and social inequality.
The first of these chapters will prove that the right of occupation obstructs property; the second that the right of labour destroys it.
II. Property, then, being of necessity conceived as existing only in connection with equality, it remains to find out why, in spite of this necessity of logic, equality does not exist. This new investigation also covers two chapters: in the first, considering the fact of property in itself, we inquire whether this fact is real, whether it exists, whether it is possible; for it would imply a contradiction, were these two opposite forms of society, equality and inequality, both possible. Then we discover, singularly enough, that property may indeed manifest itself accidentally; but that, as an institution and principle, it is mathematically impossible. So that the axiom of the school—ab actu ad posse valet consecutio: from the actual to the possible the inference is good—is given the lie as far as property is concerned.
Finally, in the last chapter, calling psychology to our aid, and probing man’s nature to the bottom, we shall disclose the principle of justice—its formula and character; we shall state with precision the organic law of society; we shall explain the origin of property, the causes of its establishment, its long life, and its approaching death; we shall definitively establish its identity with theft. And, after having shown that these three prejudices—the sovereignty of man, the inequality of conditions, and property—are one and the same; that they may be taken for each other, and are reciprocally convertible, —we shall have no trouble in inferring therefrom, by the principle of contradiction, the basis of government and right. There our investigations will end, reserving the right to continue them in future works.
[…]
CHAPTER II
PROPERTY CONSIDERED AS A NATURAL RIGHT. OCCUPATION AND CIVIL LAW AS EFFICIENT BASES OF PROPERTY
DEFINITIONS
THE ROMAN LAW defined property as the right to use and abuse one’s own within the limits of the law—jus utendi et abutendi re sua, guatenus juris ratio patitur. A justification of the word abuse has been attempted, on the ground that it signifies, not senseless and immoral abuse, but only absolute domain. Vain distinction! invented as an excuse for property, and powerless against the frenzy of possession, which it neither prevents nor represses. The proprietor may, if he chooses, allow his crops to rot under foot, sow his field with salt, milk his cows on the sand, change his vineyard into a desert, and use his vegetable-garden as a park: do these things constitute abuse, or not? In the matter of property, use and abuse are necessarily indistinguishable.
According to the Declaration of Rights, published as a preface to the Constitution of ’93, property is “the right to enjoy and dispose at will of one’s goods, one’s income, and the fruit of one’s labour and industry.”
Code Napoléon, article 544: “Property is the right to enjoy and dispose of things in the most absolute manner, provided we do not overstep the limits prescribed by the laws and regulations.”
These two definitions do not differ from that of the Roman law: all give the proprietor an absolute right over a thing; and as for the restriction imposed by the code—provided we do not overstep the limits prescribed by the laws and regulations—its object is not to limit property, but to prevent the domain of one proprietor from interfering with that of another. That is a confirmation of the principle, not a limitation of it.
There are different kinds of property: 1. Property pure and simple, the dominant and seigniorial power over a thing; or, as they term it, naked property . 2. Possession. “Possession,” says Duranton, “is a matter of fact, not of right.” Toullier: “Property is a right, a legal power; possession is a fact.” The tenant, the farmer, the commandité, the usufructuary, are possessors; the owner who lets and lends for use, the heir who is to come into possession on the death of a usufructuary, are proprietors. If I may venture the comparison: a lover is a possessor, a husband is a proprietor.363
This double definition of property—domain and possession—is of the highest importance; and it must be clearly understood, in order to comprehend what is to follow.
From the distinction between possession and property arise two sorts of rights: the jus in re, the right in a thing, the right by which I may reclaim the property which I have acquired, in whatever hands I find it; and the jus ad rem, the right to a thing, which gives me a claim to become a proprietor. Thus the right of the partners to a marriage over each other’s person is the jus in re; that of two who are betrothed is only the jus ad rem. In the first, possession and property are united; the second includes only naked property. With me who, as a worker, have a right to the possession of the products of Nature and my own industry,—and who, as a proletarian, enjoy none of them,—it is by virtue of the jus ad rem that I demand admittance to the jus in re.
This distinction between the jus in re and the jus ad rem is the basis of the famous distinction between possessoire and pétitoire,—actual categories of jurisprudence, the whole of which is included within their vast boundaries. Pétitoire refers to every thing relating to property; possessoire to that relating to possession. In writing this memoir against property, I bring against universal society an action pétitoire: I prove that those who do not possess today are proprietors by the same title as those who do possess; but, instead of inferring therefrom that property should be shared by all, I demand, in the name of general security, its entire abolition. If I fail to win my case, there is nothing left for us (the proletarian class and myself) but to cut our throats: we can ask nothing more from the justice of nations; for, as the code of procedure (art. 26) tells us in its energetic style, the plaintiff who has been non-suited in an action pétitoire, is debarred thereby from bringing an action possessoire. If, on the contrary, I gain the case, we must then commence an action possessoire, that we may be reinstated in the enjoyment of the wealth of which we are deprived by property. I hope that we shall not be forced to that extremity; but these two actions cannot be prosecuted at once, such a course being prohibited by the same code of procedure.
Before going to the heart of the question, it will not be useless to offer a few preliminary remarks.
§1 PROPERTY AS A NATURAL RIGHT
The Declaration of Rights has placed property in its list of the natural and inalienable rights of man, four in all: liberty, equality, property, security. What rule did the legislators of ’93 follow in compiling this list? None. They laid down principles, just as they discussed sovereignty and the laws; from a general point of view, and according to their own opinion. They did every thing in their own blind way.
If we can believe Toullier: “The absolute rights can be reduced to three: security, liberty, property.” Equality is eliminated by the Rennes professor; why? Is it because liberty implies it, or because property prohibits it? On this point the author of Droit Civil Expliqué is silent: it has not even occurred to him that the matter is under discussion.
Nevertheless, if we compare these three or four rights with each other, we find that property bears no resembla
nce whatever to the others; that for the majority of citizens it exists only potentially, and as a dormant faculty without exercise; that for the others, who do enjoy it, it is susceptible of certain transactions and modifications which do not harmonise with the idea of a natural right; that, in practice, governments, tribunals, and laws do not respect it; and finally that everybody, spontaneously and with one voice, regards it as chimerical.
Liberty is inviolable. I can neither sell nor alienate my liberty; every contract, every condition of a contract, which has in view the alienation or suspension of liberty, is null: the slave, when he plants his foot upon the soil of liberty, at that moment becomes a free man. When society seizes a malefactor and deprives him of his liberty, it is a case of legitimate defence: whoever violates the social compact by the commission of a crime declares himself a public enemy; in attacking the liberty of others, he compels them to take away his own. Liberty is the original condition of man; to renounce liberty is to renounce the nature of man: after that, how could we perform the acts of man?
[…]
To sum up: liberty is an absolute right, because it is to man what impenetrability is to matter,—a sine qua non of existence; equality is an absolute right, because without equality there is no society; security is an absolute right, because in the eyes of every man his own liberty and life are as precious as another’s. These three rights are absolute; that is, susceptible of neither increase nor diminution; because in society each associate receives as much as he gives,—liberty for liberty, equality for equality, security for security, body for body, soul for soul, in life and in death.
But property, in its derivative sense, and by the definitions of law, is a right outside of society; for it is clear that, if the wealth of each was social wealth, the conditions would be equal for all, and it would be a contradiction to say: property is a man’s right to dispose at will of social property. Then if we are associated for the sake of liberty, equality, and security, we are not associated for the sake of property; then if property is a natural right, this natural right is not social, but anti-social. Property and society are utterly irreconcilable institutions. It is as impossible to associate two proprietors as to join two magnets by their opposite poles. Either society must perish, or it must destroy property.
Property Is Theft! Page 11
