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FIRST MEMOIR.
37

dustry. The people did not invent property; but as they had not the same privileges in regard to it, which the nobles and clergy possessed, they decreed that the right should be exercised by all under the same conditions. The more obnoxious forms of property—statute-labor, mortmain, maîtrise, and exclusion from public office—have disappeared; the conditions of its enjoyment have been modified: the principle still remains the same. There has been progress in the regulation of the right; there has been no revolution.

These, then, are the three fundamental principles of modern society, established one after another by the movements of 1789 and 1830: 1. Sovereignty of the human will; in short, despotism. 2. Inequality of wealth and rank. 3. Property—above JUSTICE, always invoked as the guardian angel of sovereigns, nobles, and proprietors; JUSTICE, the general, primitive, categorical law of all society.

We must ascertain whether the ideas of despotism, civil inequality and property, are in harmony with the primitive notion of justice, and necessarily follow from it,—assuming various forms according to the condition, position, and relation of persons; or whether they are not rather the illegitimate result of a confusion of different things, a fatal association of ideas. And since justice deals especially with the questions of government, the condition of persons, and the possession of things, we must ascertain under what conditions, judging by universal opinion and the progress of the human mind, government is just, the condition of citizens is just, and the possession of things is just; then, striking out every thing which fails to meet these conditions, the result will at once tell us what legitimate government is, what the legitimate condition of citizens is, and what the legitimate possession of things is; and finally, as the last result of the analysis, what justice is.