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What is Property? An Inquiry into the Principle of Right and of Government

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Gutenberg ID
360
Title
What is Property? An Inquiry into the Principle of Right and of Government
Language
en
Book source
Project Gutenberg
Description max 80 words
P.-J. Proudhon challenges the concept of property as a natural right, arguing instead that it is a social construct often synonymous with tyranny. This work explores the relationship between labor, justice, and government, proposing a synthesis between absolute principles and legal realities to redefine societal rights.
Summary up to 500 words
In *What is Property? An Inquiry into the Principle of Right and of Government*, P.-J. Proudhon launches a rigorous philosophical and legal critique of the concept of property, arguing that it is not an inherent, eternal right but a variable element subject to moral and legal modification. Proudhon distinguishes between the invariable element of justice—defined as obligation—and the variable element of property, which he contends is often arbitrary and contingent. He rejects the prevailing legal schools of his time, noting that the practical school treats law as a mere expression of legislative will, while the fatalistic school views it as an unchangeable manifestation of society. Proudhon proposes a synthesis that recognizes absolute truths within jurisprudence, asserting that while contract law remains immutable, property law has historically fluctuated with social vicissitudes. The work systematically dismantles the notion of property as an absolute domain. Proudhon argues that claiming absolute ownership leads inevitably to inequality, tyranny, and the self-destruction of society. He examines various justifications for property, such as first occupancy, civil law sanctions, and labor, demonstrating their insufficiencies. He posits that labor does not inherently grant the right to appropriate natural wealth; rather, true justice requires stripping away arbitrary elements to restore equality. Through detailed analysis of Roman law, modern jurisprudence, and historical precedents, Proudhon illustrates that property, when exercised as a right of increase over things, functions as a form of homicide against the community and a mother of tyranny. Proudhon redefines property not as absolute ownership but as a limited right of use, or usufruct. He contends that the law possesses the authority to modify, reform, and judge property, thereby aligning legal codes with absolute moral truths. The text serves as both a profound philosophical inquiry and a practical guide for legal reform. By exposing the contradictions and absurdities in contemporary defenses of property, Proudhon calls for a revolution in thought and law. He concludes that the only just form of society is one where property is reduced to its natural limits, ensuring that the rights of the individual do not infringe upon the liberty and equality of others. Ultimately, the work challenges readers to awaken their conscience and recognize that the pursuit of absolute property is a delusion that must be replaced by a philosophy grounded in justice and the absolute.
LLM editorial rating
4.2/5
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https://www.gutenberg.org/ebooks/360.epub.noimages
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data/epubs/pg360.epub
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Authors

  • P.-J. Proudhon
Classification

Categories

  • Politics
  • Economics