Property right

“ Property is a real right, jus in re,—a right inherent in the thing, and whose principle lies in the external manifestation of man’s will. Man leaves his imprint, stamps his character, upon the objects of his handiwork. This plastic force of man, as the modern jurists say, is the seal which, set upon matter, makes it holy. Whoever lays hands upon it, against the proprietor’s will, does violence to the latter’s personality. And yet, when an administrative committee saw fit to declare that public utility required it, property had to give way to the general will. ”

“ Change, then, the laws which govern the use of property, but be sparing of anathemas; for, logically, where is the honest man whose hands are entirely clean? Do you think that one can be a robber without knowing it, without wishing it, without suspecting it? Do you not admit that society in its present state, like every man, has in its constitution all kinds of virtues and vices inherited from our ancestors? Is property, then, in your eyes a thing so simple and so abstract that you can re-knead and equalize it, if I may so speak, in your metaphysical mill? ”

“ Property is an eternal right, independent of time, indestructible except by the act and at the will of the proprietor; and here this right is taken from the proprietor, and on what ground? Good God! on the ground of absence! Is it not true that legists are governed by caprice in giving and taking away rights? When it pleases these gentlemen, idleness, unworthiness, or absence can invalidate a right which, under quite similar circumstances, labor, residence, and virtue are inadequate to obtain. Do not be astonished that legists reject the absolute. ”

“ 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. ”

“ 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? ”

“ 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. ”

“ Property is the suicide of society. Possession is a right; property is against right. Suppress property while maintaining possession, and, by this simple modification of the principle, you will revolutionize law, government, economy, and institutions; you will drive evil from the face of the earth.
II. All having an equal right of occupancy, possession varies with the number of possessors; property cannot establish itself.
III. The effect of labor being the same for all, property is lost in the common prosperity. ”

“ Ultimately, property rights and personal rights are the same thing. ”

“ 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. ”

“ 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. ”

“ With this power of creation, and this passion for independence, property has reached an ideal perfection. It is felt and treated as the national life-blood. The laws are framed to give property the securest possible basis, and the provisions to lock and transmit it have exercised the cunningest heads in a profession which never admits a fool. ”

“ 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. ”

“ Nevertheless, by a higher law, the property will, year after year, write every statute that respects property. The non-proprietor will be the scribe of the proprietor. What the owners wish to do, the whole power of property will do, either through the law or else in defiance of it. Of course I speak of all the property, not merely of the great estates. When the rich are outvoted, as frequently happens, it is the joint treasury of the poor which exceeds their accumulations. Every man owns something, if it is only a cow, or a wheel-barrow, or his arms, and so has that property to dispose of. ”

“ It cannot be denied that inheritance, assessment, commerce, industry, labor, and wages require the most important modifications."
You wish, proletaires, to REGULATE PROPERTY; that is, you wish to destroy it and reduce it to the right of possession. For to regulate property without the consent of the proprietors is to deny the right OF DOMAIN; to associate employees with proprietors is to destroy the EMINENT right; to suppress or even reduce farm-rent, house-rent, revenue, and increase generally, is to annihilate PERFECT property. ”

“ While the true and distinctive ground of property is labour, by which it is acquired, and that is performed by individuals, the natural right to property is ultimately resolved into a state right, and the individual's right must in the end be controlled by the needs of the state or the good of the whole brotherhood; and "only from the conception of property as ultimately owned and controlled by the state can we come to a true conception of the property right of each citizen of the state." ”

“ Confusions as to property What most prevents the realization of the injustice of private property in land is the habit of including all the things that are made the subject of ownership in one category as property or, if any distinction is made, drawing the line according to the unphilosophical distinction of the lawyers between personal property and real estate, or things movable and things immovable. The real and natural distinction is between things that are the produce of labour and things that are the gratuitous offerings of nature ”

“ Their right of property, that is, the right of exclusive possession, is therefore completed and conditioned by mutual recognition, and does not exist without it. All property is based upon the union of many wills into one will. ”

“ There is such a parade of this, that all our constitutions declare that property shall never be taken without due form of law; and to read one of them, you would think the property of the citizen is held quite as sacred as his person. ”

“ 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. ”

“ The first great principle connected with the rights of property, is its inviolability in all cases in which the laws leave it in possession of the proprietor. Every child should be taught to respect the sanctity of his neighbour's house, garden, fields and all that is his. ”

“ 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. ”

“ Property once acquired by occupation and labor, it naturally preserves itself, not only by the same means, but also by the refusal of the holder to abdicate; for from the very fact that it has risen to the height of a right, it is its nature to perpetuate itself and to last for an indefinite period.... ”

“ And such a long silence does, as we have already intimated, justly lead to the conclusion of a consciousness, that the right, if any, was exceedingly doubtful. In the mean time, the property has materially risen in value, from the general improvement and settlement of the country, and thus furnishes an additional reason for not disturbing the existing rights of property. ”

“ 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 ”

“ 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. ”

“ 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. ”

“ Not merely in the sense, which is commonly acknowledged, that they have the right to property if they have the opportunity of acquiring it; but in the further significance, that they have a right to the opportunity. They are in fact born proprietors—de jure at least, and they are so for two reasons. ”

“ As the term 'property' not only implies a permanent possession of something, or a possession which can only be given up with the good will of the possessor, but also a possession recognised as a right, an inquiry into the origin of property must involve both these questions, but it is not the less important that the distinction between them should be observed. ”

“ No question of the abstract right of property has ever entered directly into our politics, or ever will,—the point at issue being, whether a certain exceptional kind of property, already privileged beyond all others, shall be entitled to still further privileges at the expense of every other kind. ”

“ If the reader thinks it is pushing logic too far to question a nation's right of property in the territory which it possesses, I will simply remind him of the fact that at all ages the results of the fictitious right of national property have been pretensions to suzerainty, tributes, monarchical privileges, statute-labor, quotas of men and money, supplies of merchandise, &c. ”

“ In that case it may truly be said that 'property is theft.' The rationale of property, in short, requires that everyone who will conform to the positive condition of possessing it, viz. labour, and the negative condition, viz. respect for it as possessed by others, should, so far as social arrangements can make him so, be a possessor of property himself, and of such property as will at least enable him to develope a sense of responsibility, as distinct from mere property in the immediate necessaries of life. ”

“ He thinks the Constitution of the United States "avoids the idea that there can be property in man," but recognizes "that there may be property in the service or labor of man." But when it is property in the service of man without value received by the servant, and a claim which continues to attach to a man and his children forever, it looks very like the idea of property in man. ”

“ At present, the alarm is in the camp of the old doctrine; from all sides pour in defences of property, studies regarding property, theories of property, each one of which, giving the lie to the rest, inflicts a fresh wound upon property.
Consider, indeed, the inextricable embarrassments, the contradictions, the absurdities, the incredible nonsense, in which the bold defenders of property so lightly involve themselves. I choose the eclectics, because, those killed, the others cannot survive.
M. Troplong, jurist, passes for a philosopher in the eyes of the editors of “Le Droit.” ”

“ There was another sense in which property was said to be according to human law, in distinction to the natural law, namely, in the sense that, whereas the general principle that men should own things might be said to be natural, the particular proprietary rights of each individual were determined by positive law. In other words, the fundamentum of property rights was natural, whereas the titulus of particular property rights was according to positive law. ”

“ 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. ”