Common property

“ Now, property is but the creature of law; and that is to say, in those of our States which have no common law, of statute. Jurists and communists are alike agreed on this. "Property is robbery," said Proudhon; property is but the creature of law, all English jurists admit. ”

“ The tax upon land values is, therefore, the most just and equal of all taxes. It falls only upon those who receive from society a peculiar and valuable benefit, and upon them in proportion to the benefit they receive. It419 is the taking by the community, for the use of the community, of that value which is the creation of the community. It is the application of the common property to common uses. When all rent is taken by taxation for the needs of the community, then will the equality ordained by nature be attained. ”

“ In a strict legal sense, land is not 'property', but the subject of property. The term 'property', although in common parlance frequently applied to a tract of land or a chattel, in its legal signification 'means only the rights of the owner in relation to it'. 'It denotes a right over a determinate thing'. 'Property is the right of any person to possess, use, enjoy, and dispose of a thing'. ”

“ For illustration, property relations are selected, not because the considerations to be dealt with are new to sociologists, nor because it is desirable to advertise individual opinions, but in order to make the point that, whether the assumptions behind this particular institution of property are tenable or untenable, there is call for such review and restatement of the principles of property that we shall have common premises for theory and practice with reference to details and applications. ”

“ Private property as the natural means for serving individual, family and social purposes is recognized and protected by the State.
All types of property are subordinate to the needs of the Nation and the common good. ”

“ The common reasons for the establishment of private property in land are deduced from the necessity, of offering to individuals sufficient motives for cultivating the ground, and of preventing the wasteful destruction of the immature products of the earth. ”

“ In consequence of the admission of property, or the giving a separate right by the law of society to those things which by the law of nature were in common, there was necessarily some means to be devised, whereby that separate right or exclusive property should be originally acquired ”

“ Let us see, further, what common right there appertains to men in those things which have already become the property of individuals. Some persons, perchance, may consider it strange to question this, as proprietorship seems to have absorbed all that right which arose out of a state of things in common. ”

“ I have made every effort to obtain exact information, comparing doctrines, replying to objections, continually constructing equations and reductions from arguments, and weighing thousands of syllogisms in the scales of the most rigorous logic. In this laborious work, I have collected many interesting facts which I shall share with my friends and the public as soon as I have leisure. But I must say that I recognized at once that we had never understood the meaning of these words, so common and yet so sacred: Justice, equity, liberty; ”

“ It is clearly better that property should be private, but the use of it common; and the special business of the legislator is to create in men this benevolent disposition. ”

“ Whatsoever citizens have bought with money for their private use—not for trade, which is under the supervision of the state—all furniture, clothing, jewelry, etc., etc., is, for the same reason, absolute property. ”

“ Should there be the slightest irregularity in the method of transfer, men, members of society, imprescriptible possessors of the land, might be deprived at one blow of property, possession, and the means of production. ”

“ 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. ”

“ Property is the right to USE and ABUSE. If, then, government is economy,—if its object is production and consumption, and the distribution of labor and products,—how is government possible while property exists? And if goods are property, why should not the proprietors be kings, and despotic kings—kings in proportion to their facultes bonitaires? And if each proprietor is sovereign lord within the sphere of his property, absolute king throughout his own domain, how could a government of proprietors be any thing but chaos and confusion? ”

“ The man who owns a house has the right to benefit by enjoying its shelter, by selling it, or by renting it. This right, the right to or in the benefits of wealth—or more briefly, the right to or in the wealth itself—is called a "property right" or simply "property." ”

“ In some countries, the enjoyment of certain political rights depends upon the amount of property. But, in these same countries, property is expressive, rather than attributive, of the qualifications necessary to the exercise of these rights. ”

“ If property is a natural, absolute, imprescriptible, and inalienable right, why, in all ages, has there been so much speculation as to its origin?—for this is one of its distinguishing characteristics. The origin of a natural right! Good God! who ever inquired into the origin of the rights of liberty, security, or equality? They exist by the same right that we exist; they are born with us, they live and die with us. With property it is very different, indeed. By law, property can exist without a proprietor, like a quality without a subject. ”

“ The right of property is that which belongs to every citizen to enjoy, and to dispose at his pleasure of his goods, income, and of the fruits of his labor and his skill.
17. No kind of labor, tillage, or commerce can be forbidden to the skill of the citizens.
18. Every man can contract his services and his time, but he cannot sell himself nor be sold: his person is not an alienable property. The law knows of no such thing as the status of servant; there can exist only a contract for services and compensation between the man who works and the one who employs him. ”

“ 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 laborer, have a right to the possession of the products of Nature and my own industry,—and who, as a proletaire, enjoy none of them,—it is by virtue of the jus ad rem that I demand admittance to the jus in re. ”

“ But property is also the right to exchange, to transfer, and to sell. If, then, the social condition is such that the proprietor, ruined by usury, may be compelled to sell his possession, the means of his subsistence, he will sell it; and, thanks to the law, accumulated property—devouring and anthropophagous property—will be established. ”

“ If the form cannot be separated from the object, nor property from possession, possession must be shared; in any case, society reserves the right to fix the conditions of property. Let us suppose that an appropriated farm yields a gross income of ten thousand francs ”

“ This additional value evidently constitutes a product—a value created by the activity of the first generation; and if, by any means whatever, the ownership of this value be distributed among the members of society equitably,—that is, in proportion to the labor which each has performed,—each will legitimately possess the portion which he receives. He may then dispose of this legitimate and private property as he sees fit,—exchange it, give it away, or transfer it; and no other individual, or collection of other individuals,—that is, society,—can lay any claim to these values. ”

“ For property which can be regarded as a condition of the performance of function, like the tools of the craftsman, or the holding of the peasant, or the personal possessions which contribute to a life of health and efficiency, forms an insignificant proportion, as far as its value is concerned, of the property rights existing at present. ”

“ If the idea so constantly appealed to in justification of property law is to be realised; if the fruits of each man’s labor [68] are to be guaranteed to him and he is to own the instruments with which he works; if the laws of property are not to establish a parasitic class taking tribute from the labor of others in the forms of Rent and Interest, then we must modify our administration of property. ”

“ Whence property came to be called the perfect right, the right of domain, the eminent right, the heroic or quiritaire right,—in Latin, jus perfectum, jus optimum, jus quiritarium, jus dominii,—while possession became assimilated to farm-rent. ”

“ These two classes of things are in essence and relations widely different, and to class them together as property is to confuse all thought when we come to consider the justice or the injustice, the right or the wrong of property.
A house and the lot on which it stands are alike property, as being the subject of ownership, and are alike classed by the lawyers as real estate. Yet in nature and relations they differ widely. The one is produced by human labour, and belongs to the class in Political Economy styled wealth. ”

“ I want all to have a share of everything and all property to be in common; there will no longer be either rich or poor; ”

“ Influence must ever be in proportion to property; and it is right it should.' BOSWELL. 'But is there not reason to fear that the common people may be oppressed?' JOHNSON. 'No, sir. ”

“ Toullier: "Property is a right, a legal power; possession is a fact." The tenant, the farmer, the commandite, 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. ”

“ Private property is strictly competitive, a necessity of the struggle for life, and has no ethical implication. Neither is it subject to the will of any person outside the proprietor him- self. When, therefore, order and right are injected into property, we may say the state has appeared. ”

“ Those who are giving their time and energy to the production of wealth, face the fact that property rights have been so construed as to give property owners a first claim on production and to make property income a fixed charge on the industry of the community. ”

“ A piece of land of a certain size produces food enough to supply a man for one day. If the possessor, through his labor, discovers some method of making it produce enough for two days, he doubles its value. This new value is his work, his creation: it is taken from nobody; it is his property. ”

“ Property being embodied and accumulated labor, it becomes endowed, in all places where the rights of labor are recognized, with the attributes and incidents of titles or evidence of just ownership or possession—inchoate, legal, or equitable—which inhere in the property, follow it, and form a component part of it wherever found. ”

“ One of the foremost precepts of the natural law is man’s right to the possession and the use of his property. And a man’s earnings are his property as much as his land and the house in which he lives. Indeed, in the industrial age, earnings are probably the most prevalent form of property. ”

“ And as the right of farm-rent necessarily implies the right of use,—in other words, as the right to cultivate land by the labor of a slave supposes one's power to cultivate it himself, according to the principle that the greater includes the less,—the name property was reserved to designate this double right, and that of possession was adopted to designate the right of use. ”

“ The owners of property bulwark themselves with certain prerogatives that have proved of the greatest importance in the conservation of property interests. Speaking broadly, there are four characteristic features of the shares of income which are derived from the ownership of property. ”

“ The popular maxim that "possession is nine-tenths of the law," is founded on the salutary and reasonable doctrine of the law, that the party in possession of property is presumed to be the owner until the contrary shall have been proved. ”

“ 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 labor,—and both of these doctrines, totally opposed as they may seem, are encouraged and applauded. I contend that neither labor, nor occupation, nor law, can create property ”

“ Why should property, contrary to the interests of the proprietor, be exempt from sale, receive instruction, give testimony in court, hold estate, preserve family ties, be loved as the owner loves himself, in fine, enjoy all or any of the "inalienable rights" of man? ”

“ The laws of property have never yet conformed to the principles on which the justification of private property rests. They have made property of things which never ought to be property, and absolute property where only a qualified property ought to exist. ”

“ The institution of property, when limited to its essential elements, consists in the recognition, in each person, of a right to the exclusive disposal of what he or she have produced by their own exertions, or received either by gift or by fair agreement, without force or fraud, from those who produced it. ”

“ In short, as property is the subject of every equitable obligation, so the owner of property is the only person whose act or acts can be the means of creating an obligation in respect to that property. ”