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just as different varieties of tobacco are cultivated； you abolish one species of property。 This last course would be the simpler and better one； but； to induce the nations to adopt it； requires such a co…operation of able minds and generous hearts as is at present out of the question。
Competition； sometimes called liberty of trade；in a word； property in exchange；will be for a long time the basis of our commercial legislation； which； from the economical point of view； embraces all civil laws and all government。 Now； what is competition？ A duel in a closed field； where arms are the test of right。
〃Who is the liar；the accused or the accuser？〃 said our barbarous ancestors。 〃Let them fight it out；〃 replied the still more barbarous judge； 〃the stronger is right。〃
Which of us two shall sell spices to our neighbor？ 〃Let each offer them for sale；〃 cries the economist； 〃the sharper； or the more cunning； is the more honest man； and the better merchant。〃
Such is the exact spirit of the Code Napoleon。
TENTH PROPOSITION。
Property is impossible； because it is the Negation of equality。
The development of this proposition will be the resume of the preceding ones。
1。 It is a principle of economical justice； that PRODUCTS ARE BOUGHT ONLY BY PRODUCTS。 Property； being capable of defence only on the ground that it produces utility； is； since it produces nothing； for ever condemned。
2。 It is an economical law； that LABOR MUST BE BALANCED BY PRODUCT。 It is a fact that； with property； production costs more than it is worth。
3。 Another economical law： THE CAPITAL BEING GIVEN； PRODUCTION IS MEASURED； NOT BY THE AMOUNT OF CAPITAL； BUT BY PRODUCTIVE CAPACITY。 Property； requiring income to be always proportional to capital without regard to labor； does not recognize this relation of equality between effect and cause。
4 and 5。 Like the insect which spins its silk； the laborer never produces for himself alone。 Property； demanding a double product and unable to obtain it； robs the laborer； and kills him。
6。 Nature has given to every man but one mind； one heart； one will。 Property； granting to one individual a plurality of votes； supposes him to have a plurality of minds。
7。 All consumption which is not reproductive of utility is destruction。 Property； whether it consumes or hoards or capitalizes； is productive of INUTILITY；the cause of sterility and death。
8。 The satisfaction of a natural right always gives rise to an equation； in other words； the right to a thing is necessarily balanced by the possession of the thing。 Thus； between the right to liberty and the condition of a free man there is a balance； an equation； between the right to be a father and paternity； an equation； between the right to security and the social guarantee； an equation。 But between the right of increase and the receipt of this increase there is never an equation； for every new increase carries with it the right to another； the latter to a third； and so on for ever。 Property； never being able to accomplish its object； is a right against Nature and against reason。
9。 Finally； property is not self…existent。 An extraneous cause either FORCE or FRAUDis necessary to its life and action。 In other words； property is not equal to property： it is a negationa delusionNOTHING。
CHAPTER V。
PSYCHOLOGICAL EXPOSITION OF THE IDEA OF JUSTICE AND INJUSTICE； AND A DETERMINATION OF THE PRINCIPLE OF GOVERNMENT AND OF RIGHT。
Property is impossible； equality does not exist。 We hate the former； and yet wish to possess it； the latter rules all our thoughts； yet we know not how to reach it。 Who will explain this profound antagonism between our conscience and our will？ Who will point out the causes of this pernicious error； which has become the most sacred principle of justice and society？
I am bold enough to undertake the task； and I hope to succeed。
But before explaining why man has violated justice； it is necessary to determine what justice is。
PART FIRST。
％ 1。Of the Moral Sense in Man and the Animals。
The philosophers have endeavored often to locate the line which separates man's intelligence from that of the brutes； and； according to their general custom； they gave utterance to much foolishness before resolving upon the only course possible for them to take；observation。 It was reserved for an unpretending savantwho perhaps did not pride himself on his philosophyto put an end to the interminable controversy by a simple distinction； but one of those luminous distinctions which are worth more than systems。 Frederic Cuvier separated INSTINCT from INTELLIGENCE。
But； as yet； no one has proposed this question：
IS THE DIFFERENCE BETWEEN MAN'S MORAL SENSE AND THAT OF THE BRUTE A DIFFERENCE IN KIND OR ONLY IN DEGREE？
If； hitherto； any one had dared to maintain the latter alternative； his arguments would have seemed scandalous； blasphemous； and offensive to morality and religion。 The ecclesiastical and secular tribunals would have condemned him with one voice。 And； mark the style in which they would have branded the immoral paradox！ 〃Conscience；〃they would have cried；〃conscience； man's chief glory； was given to him exclusively； the notion of justice and injustice； of merit and demerit； is his noble privilege； to man； alone；the lord of creation；belongs the sublime power to resist his worldly propensities； to choose between good and evil； and to bring himself more and more into the resemblance of God through liberty and justice。 。 。 。 No； the holy image of virtue was never graven save on the heart of man。〃 Words full of feeling； but void of sense。
Man is a rational and social animal｛GREEK ‘ c g｝said Aristotle。 This definition is worth more than all which have been given since。 I do not except even M。 de Bonald's celebrated definition；MAN IS AN INTELLECT SERVED BY ORGANSa definition which has the double fault of explaining the known by the unknown； that is； the living being by the intellect； and of neglecting man's essential quality；animality。
Man； then； is an animal living in society。 Society means the sum total of relationships； in short； system。 Now； all systems exist only on certain conditions。 What； then； are the conditions； the LAWS； of human society？
What are the RIGHTS of men with respect to each other； what is JUSTICE？
It amounts to nothing to say；with the philosophers of various schools；〃It is a divine instinct； an immortal and heavenly voice； a guide given us by Nature； a light revealed unto every man on coming into the world； a law engraved upon our hearts； it is the voice of conscience； the dictum of reason； the inspiration of sentiment； the penchant of feeling； it is the love of self in others； it is enlightened self…interest； or else it is an innate idea； the imperative command of applied reason； which has its source in the concepts of pure reason； it is a passional attraction；〃 &c。； &c。 This may be as true as it seems beautiful； but it is utterly meaningless。 Though we should prolong this litany through ten pages （it has been filtered through a thousand volumes）； we should be no nearer to the solution of the question。
〃Justice is public utility；〃 says Aristotle。 That is true； but it is a tautology。 〃The principle that the public welfare ought to be the object of the legislator〃says M。 Ch。 Comte in his 〃Treatise on Legislation〃〃cannot be overthrown。 But legislation is advanced no farther by its announcement and demonstration； than is medicine when it is said that it is the business of physicians to cure the sick。〃
Let us take another course。 RUGHT is the sum total of the principles which govern society。 Justice； in man； is the respect and observation of those principles。 To practise justice is to obey the social instinct； to do an act of justice is to do a social act。 If； then； we watch the conduct of men towards each other under different circumstances； it will be easy for us to distinguish between the presence and absence of society； from the result we may inductively infer the law。
Let us commence with the simplest and least doubtful cases。
The mother； who protects her son at the peril of her life； and sacrifices every thing to his support； is in societ