what is property-第51部分
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This feeling does not spring from intelligence; which calculates; computes; and balances; but does not love; which sees; but does not feel。 As justice is the product of social instinct and reflection combined; so equite is a product of justice and taste combinedthat is; of our powers of judging and of idealizing。
This productthe third and last degree of human sociabilityis determined by our complex mode of association; in which inequality; or rather the divergence of faculties; and the speciality of functionstending of themselves to isolate laborersdemand a more active sociability。
That is why the force which oppresses while protecting is execrable; why the silly ignorance which views with the same eye the marvels of art; and the products of the rudest industry; excites unutterable contempt; why proud mediocrity; which glories in saying; 〃I have paid youI owe you nothing;〃 is especially odious。
SOCIABILITY; JUSTICE; EQUITEsuch; in its triplicity; is the exact definition of the instinctive faculty which leads us into communication with our fellows; and whose physical manifestation is expressed by the formula: EQUALITY IN NATURAL WEALTH; AND THE PRODUCTS OF LABOR。
These three degrees of sociability support and imply each other。
Equite cannot exist without justice; society without justice is a solecism。 If; in order to reward talent; I take from one to give to another; in unjustly stripping the first; I do not esteem his talent as I ought; if; in society; I award more to myself than to my associate; we are not really associated。 Justice is sociability as manifested in the division of material things; susceptible of weight and measure; equite is justice accompanied by admiration and esteem;things which cannot be measured。
From this several inferences may be drawn。
1。 Though we are free to grant our esteem to one more than to another; and in all possible degrees; yet we should give no one more than his proportion of the common wealth; because the duty of justice; being imposed upon us before that of equite; must always take precedence of it。 The woman honored by the ancients; who; when forced by a tyrant to choose between the death of her brother and that of her husband; sacrificed the latter on the ground that she could find another husband but not another brother;that woman; I say; in obeying her sense of equite; failed in point of justice; and did a bad deed; because conjugal association is a closer relation than fraternal association; and because the life of our neighbor is not our property。
By the same principle; inequality of wages cannot be admitted by law on the ground of inequality of talents; because the just distribution of wealth is the function of economy;not of enthusiasm。
Finally; as regards donations; wills; and inheritance; society; careful both of the personal affections and its own rights; must never permit love and partiality to destroy justice。 And; though it is pleasant to think that the son; who has been long associated with his father in business; is more capable than any one else of carrying it on; and that the citizen; who is surprised in the midst of his task by death; is best fitted; in consequence of his natural taste for his occupation; to designate his successor; and though the heir should be allowed the right of choice in case of more than one inheritance;nevertheless; society can tolerate no concentration of capital and industry for the benefit of a single man; no monopoly of labor; no encroachment。'1'
'1' Justice and equite never have been understood。
〃Suppose that some spoils; taken from the enemy; and equal to twelve; are to be divided between Achilles and Ajax。 If the two persons were equal; their respective shares would be arithmetically equal: Achilles would have six; Ajax six。 And if we should carry out this arithmetical equality; Thersites would be entitled to as much as Achilles; which would be unjust in the extreme。 To avoid this injustice; the worth of the persons should be estimated; and the spoils divided accordingly。 Suppose that the worth of Achilles is double that of Ajax: the former's share is eight; the latter four。 There is no arithmetical equality; but a proportional equality。 It is this comparison of merits; rationum; that Aristotle calls distributive justice。 It is a geometrical proportion。〃Toullier: French Law according to the Code。
Are Achilles and Ajax associated; or are they not? Settle that; and you settle the whole question。 If Achilles and Ajax; instead of being associated; are themselves in the service of Agamemnon who pays them; there is no objection to Aristotle's method。 The slave…owner; who controls his slaves; may give a double allowance of brandy to him who does double work。 That is the law of despotism; the right of slavery。
But if Achilles and Ajax are associated; they are equals。 What matters it that Achilles has a strength of four; while that of Ajax is only two? The latter may always answer that he is free; that if Achilles has a strength of four; five could kill him; finally; that in doing personal service he incurs as great a risk as Achilles。 The same argument applies to Thersites。 If he is unable to fight; let him be cook; purveyor; or butler。 If he is good for nothing; put him in the hospital。 In no case wrong him; or impose upon him laws。
Man must live in one of two states: either in society; or out of it。 In society; conditions are necessarily equal; except in the degree of esteem and consideration which each one may receive。 Out of society; man is so much raw material; a capitalized tool; and often an incommodious and useless piece of furniture。
2。 Equite; justice; and society; can exist only between individuals of the same species。 They form no part of the relations of different races to each other;for instance; of the wolf to the goat; of the goat to man; of man to God; much less of God to man。 The attribution of justice; equity; and love to the Supreme Being is pure anthropomorphism; and the adjectives just; merciful; pitiful; and the like; should be stricken from our litanies。 God can be regarded as just; equitable; and good; only to another God。 Now; God has no associate; consequently; he cannot experience social affections;such as goodness; equite; and justice。 Is the shepherd said to be just to his sheep and his dogs? No: and if he saw fit to shear as much wool from a lamb six months old; as from a ram of two years; or; if he required as much work from a young dog as from an old one;they would say; not that he was unjust; but that he was foolish。 Between man and beast there is no society; though there may be affection。 Man loves the animals as THINGS;as SENTIENT THINGS; if you will;but not as PERSONS。 Philosophy; after having eliminated from the idea of God the passions ascribed to him by superstition; will then be obliged to eliminate also the virtues which our liberal piety awards to him。'1'
'1' Between woman and man there may exist love; passion; ties of custom; and the like; but there is no real society。 Man and woman are not companions。 The difference of the sexes places a barrier between them; like that placed between animals by a difference of race。 Consequently; far from advocating what is now called the emancipation of woman; I should incline; rather; if there were no other alternative; to exclude her from society。
The rights of woman and her relations with man are yet to be determined Matrimonial legislation; like civil legislation; is a matter for the future to settle。
If God should come down to earth; and dwell among us; we could not love him unless he became like us; nor give him any thing unless he produced something; nor listen to him unless he proved us mistaken; nor worship him unless he manifested his power。 All the laws of our nature; affectional; economical; and intellectual; would prevent us from treating him as we treat our fellow…men;that is; according to reason; justice; and equite。
I infer from this that; if God should wish ever to put himself into immediate communication with man; he would have to become a man。
Now; if kings are images of God; and executors of his will; they cannot receive love; wealth; obedience; and glory from us; unless they consent to labor and associate with usproduce as much as they consume; reason with their subjects; and do wonderful things。 Still more; if; as some pretend; kings are public functionaries; the love which is due them is measured by their personal amiability; our obligation to obey them; by the wisdom of their commands; and their civil list; by the total social production divided by the number of citizens。
Thus; jurisprudence; political economy; and psychology agree in admitting the law of equality。 Right and duty the due reward of talent and laborthe outbursts of love and enthusiasm;all are regulated in advance by an invariable standard; all depend upon number and balance。 Equality of conditions is the law of society; and universal solidarity is the ratification of this law。
Equality of conditions has never been realized; thanks to our passions and our ignorance; but our opposition to this law has made it all the more a necessity。 To that fact history bears perpetual testimony; and the course of events reveals it to us。 Society advances from equation to equation。 To the eyes of the economist; the revolutions of empires seem now like the reduction of algebraical quantities; which are inter…deducible; now like the discovery of unknown quantities; induced by the inevitable influence of time。 Figures are the providence of history。 Undoubtedly there are other elements in human progress; but in the multitude of hidden causes which agitate nations; there is none more powerful or constant; none less obscure; than the periodical explosions of the proletariat against property。 Property; acting by exclusion and encroachment; while population was increasing; has been the life…principle and definitive cause of all revolutions。 Religious wars; and wars of conquest; when they have stopped short of the extermination of races; have been only accidental disturbances; soon repaired by the mathematical progression of the life of nations。 The downfall and death of societies are due to