But what will be said when I show, as I soon shall, that this same jurisprudence continually tries to base property upon equality? What reply can be made?
§ 3.—Civil Law as the Foundation and Sanction of Property.
Pothier seems to think that property, like royalty, exists by divine right. He traces back its origin to God himself—ab Jove principium. He begins in this way:—
“God is the absolute ruler of the universe and all that it contains: Domini est terra et plenitudo ejus, orbis et universi qui habitant in eo. For the human race he has created the earth and all its creatures, and has given it a control over them subordinate only to his own. 'Thou madest him to have dominion over the works of thy hands; thou hast put all things under his feet,' says the Psalmist. God accompanied this gift with these words, addressed to our first parents after the creation: 'Be fruitful, and multiply and replenish the earth,'" &c.
After this magnificent introduction, who would refuse to believe the human race to be an immense family living in brotherly union, and under the protection of a venerable father? But, heavens! are brothers enemies? Are fathers unnatural, and children prodigal?
God gave the earth to the human race: why then have I received none? He has put all things under my feet,—and I have not where to lay my head! Multiply, he tells us through his interpreter, Pothier. Ah, learned Pothier! that is as easy to do as to say; but you must give moss to the bird for its nest.
“The human race having multiplied, men divided among themselves the earth and most of the things upon it; that which fell to each, from that time exclusively belonged to him. That was the origin of the right of property.”
Say, rather, the right of possession. Men lived in a state of communism; whether positive or negative it matters little.
