Page:What is Property?.pdf/423

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
SECOND MEMOIR.
369

sented themselves, pretending to reconcile the two opinions by uniting them. They have failed, like all the juste-milieux of the world, and are laughed at for their eclecticism. 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.” I tell the gentlemen of “Le Droit” that, in the judgment of philosophers, M. Troplong is only an advocate; and I prove my assertion.

M. Troplong is a defender of progress. “The words of the code,” says he, “are fruitful sap with which the classic works of the eighteenth century overflow. To wish to suppress them … is to violate the law of progress, and to forget that a science which moves is a science which grows.”[1]

Now, the only mutable and progressive portion of law, as we have already seen, is that which concerns property. If, then, you ask what reforms are to be introduced into the right of property? M. Troplong makes no reply; what progress is to be hoped for? no reply; what is to be the destiny of property in case of universal association? no reply; what is the absolute and what the contingent, what the true and what the false, in property? no reply. M. Troplong favors quies-

  1. “Treatise on Prescription.”