I. Since Proudhon sanctions only the one legal norm that contracts must be kept, he can approve only one legal relation, that between contracting parties. Hence he must necessarily reject property as well as the State, since it is established by particular legal norms, and, as an involuntary legal relation, binds even such as have in no way entered into a contract. And he does reject property[161] absolutely, without any spatial or temporal limitation; nay, it even appears to him to be a legal relation which is particularly repugnant to justice.
"According to its definition, property is the right of using and abusing; that is to say, it is the absolute, irresponsible domain of man over his person and his goods. If property ceased to be the right to abuse, it would cease to be property. Has not the proprietor the right to give his goods to whomever he will, to let his neighbor burn without crying fire, to oppose the public good, to squander his patrimony, to exploit the laborer and hold him to ransom, to produce bad goods and sell them badly? Can he be judicially constrained to use his property well? can he be disturbed in the abuse of it? What am I saying? Is not property, precisely because it is full of abuse, the most sacred thing in the world for the legislator? Can one conceive of a property whose use the police power should determine, whose abuse it should repress? Is it not clear, in fine, that if one undertook to introduce justice into property, one would destroy property, just as the law, by introducing propriety into concubinage, destroyed concubinage?"[162]
"Men steal: first, by violence on the highway; second, alone or in a band; third, by burglary; fourth, by embezzlement; fifth, by fraudulent bankruptcy; sixth, by forgery; seventh, by counterfeiting. Eighth, by pocket-picking; ninth, by swindling; tenth, by breach of trust; eleventh, by gambling and lotteries.—Twelfth, by usury. Thirteenth, by rent-taking.—Fourteenth, by commerce, when the profits are more than fair wages for the trader's work.—Fifteenth, by selling one's own product at a profit, and by accepting a sinecure or a fat salary."[163] "In theft such as the laws forbid, force and fraud are employed alone and openly; in authorized theft they are disguised under a produced utility, which they use as a device for plundering their victim. The direct use of violence and force was early and unanimously rejected; no nation has yet reached the point of delivering itself from theft when united with talent, labor, and possession."[164] In this sense property is "theft,"[165] "the exploitation of the weak by the strong,"[166] "contrary to right,"[167] "the suicide of society."[168]
II. Justice demands, in place of property, a distribution of goods based on the legal norm that contracts must be lived up to.
Proudhon calls that portion of goods which is assigned to the individual by contract, "property." In 1840 he had demanded that individual possession be substituted for property; with this one change evil would disappear from the earth.[169] But in 1841 he is already explaining that by property he means only its abuses;[170] nay, he even then describes as necessary the creation of an immediately applicable social system in which the rights of barter and sale, of direct and collateral inheritance, of primogeniture and bequest, should find their place.[171] In 1846 he says, "Some day transformed property will be an idea positive, complete, social, and true; a property which will abolish the old property and will become equally effective and beneficent for all."[172] In 1848 he is declaring that "property, as to its principle or substance, which is human personality, must never perish; it must remain in man's heart as a perpetual stimulus to labor, as the antagonist whose absence would cause labor to fall into idleness and death."[173]
And in 1850 he announces: "What I sought for as far back as 1840, in defining property, what I am wanting now, is not a destruction; I have said it till I am tired. That would have been to fall with Rousseau, Plato, Louis Blanc himself, and all the adversaries of property, into Communism, against which I protest with all my might; what I ask for property is a BALANCE,"[174]—that is, "justice."[175]
In all these pronouncements property means nothing else than that portion of goods which falls to the individual on the basis of contracts, on which society is to be built up.[176] The property which Proudhon sanctions cannot be a special legal relation, but only a possible part of the substance of the one legal relation which he approves, the relation of contract. It can afford no protection against a group of men whose extent is determined by legal norms, but only against a group of men who have mutually secured a certain portion of goods to each other by contract. Proudhon, therefore, is here using the word "property" in an inexact sense; in the strict sense it can denote only a portion of goods set apart in an involuntary legal relation by particular legal norms.
Accordingly, when in the name of justice Proudhon demands a certain distribution of property, this means nothing more than that the contracts on which society is to be built should make a certain sort of provision with respect to the distribution of goods. And the way in which they should determine it is this: that every man is to have the product of his labor.
"Let us conceive of wealth as a mass whose elements are held together permanently by a chemical force, and into which new elements incessantly enter and combine in different proportions, but according to a definite law: value is the proportion (the measure) in which each of these elements forms a part of the whole."[177] "I suppose, therefore, a force which combines the elements of wealth in definite proportions and makes of them a homogeneous whole."[178] "This force is LABOR. It is labor, labor alone, that produces all the elements of wealth and combines them, to the last molecule, according to a variable but definite law of proportionality."[179] "Every product is a representative sign of labor."[180]
"Every product can consequently be exchanged for another."[181] "If then the tailor, in return for furnishing the value of one day of his work, consumes ten times the weaver's day, it is as if the weaver gave ten days of his life for one day of the tailor's. This is precisely what occurs when a peasant pays a lawyer twelve francs for a document that it costs one hour to draw up; and this inequality, this iniquity in exchange, is the mightiest cause of poverty. Every error in commutative justice is an immolation of the laborer, a transfusion of a man's blood into another man's body."[182]
"What I demand with respect to property is a BALANCE. It is not for nothing that the genius of nations has equipped Justice with this instrument of precision. Justice applied to economy is in fact nothing but a perpetual balance; or, to express myself still more precisely, justice as regards the distribution of goods is nothing but the obligation which rests upon every citizen and every State, in their business relations, to conform to that law of equilibrium which manifests itself everywhere in economy, and whose violation, accidental or voluntary, is the fundamental principle of poverty."[183]
2. That every man should enjoy the product of his labor is possible only through reciprocity, according to Proudhon; therefore he calls his doctrine "the theory of mutuality or of the mutuum."[184] "Reciprocity is expressed in the precept, 'Do to others what you would have done to you,' a precept which political economy has translated into its celebrated formula, 'Products exchange for products.' Now the evil which is devouring us results from the fact that the law of reciprocity is unrecognized, violated. The remedy consists altogether in the promulgation of this law. The organization of our mutual and reciprocal relations is the whole of social science."[185]
And so Proudhon, in the solemn declaration which he prefixed to the constitution of the People's Bank when he first published it, gives the following assurance: "I protest that in criticising property, or rather the whole body of institutions of which property is the pivot, I never meant either to attack the individual rights recognized by previous laws, or to dispute the legitimacy of acquired possessions, or to instigate an arbitrary distribution of goods, or to put an obstacle in the way of the free and regular acquisition of properties by bargain and sale; or even to prohibit or suppress by sovereign decree land-rent and interest on capital. I think that all these manifestations of human activity should remain free and optional for all; I would admit no other modifications, restrictions, or suppressions of them than naturally and necessarily result from the universalization of the principle of reciprocity and of the law of synthesis which I propound. This is my last will and testament. I allow only him to suspect its sincerity, who could tell a lie in the moment of death."[186]
