As is well known, the premise of this prevision is in the actual conditions of present capitalist production. This, socializing continually the mode of production, has subjected living labor more and more with its regulations to the objective conditions of the technical process, it has day after day concentrated the property in the means of production more and ever more into the hands of a few, who as stockholders, or speculators, are always found to be more and more removed from immediate labor, the direction of which passes over to intelligence and science. With the increased consciousness of this situation among the proletarians, whose instruction in solidarity comes from the actual conditions of their employment, and with the decrease of the capacity of the holders of capital to preserve the private direction of productive labor, a moment will come, when in one fashion or another, with the elimination in every form of private rent, interest, profit, the production will pass over to the collectivist association, that is to say, will become communistic. Thus will disappear all inequalities, except those of sex, age, temperament and capacity, that is to say, all those inequalities will cease which engender economic classes, or which are engendered by them, and the disappearance of classes will put an end to the possibility of the state, as domination of man over man. The technical and pedagogical government of intelligence will form the only organization of society.
In this fashion, scientific socialism, in an ideal fashion at least, has triumphed over the state; and its triumph has given it a complete knowledge both of its mode of origin and the reasons for its natural disappearance. It has understood it precisely because it does not rise up against it in a one-sided and subjective fashion, as did more than once, at different epochs, the cynics, the stoics, the epicureans of all sorts, the religious sectaries, the visionary monks, the utopians and finally, in our days, the anarchists of every stripe. Still more, instead of rising up against it, scientific socialism is proposing to show how the state continually rises up of itself against itself, by creating in the means with which it cannot dispense, as, for example, a colossal system of taxation, militarism, universal suffrage, the development of education, etc., the conditions of its own ruin. The society which has produced it will reabsorb it; that is to say, that just as society in organizing a new form of production will eliminate the antagonisms between capital and labor, so, with the disappearance of proletarians and the conditions which render proletarians possible, will disappear all dependence of men upon his fellow man in any form of hierarchy, whatever it may be.
The terms in which the genesis and the development of the state evolve, from its initial point of appearance in a particular community, where economic differentiation is beginning, up to the moment where this disappearance begins to foreshadow itself, make it henceforth intelligible to us.
The State has been reduced till it is but a necessary complement of certain definite economic forms, and thus the theory which would have seen in it an independent factor in history is thenceforth forever eliminated.
It is henceforth relatively easy to take account of the fashion in which law has been raised up to the rank of a decisive factor of society, and thus of history, directly or indirectly.
Before all else, we must remember in what fashion arose this philosophic conception of justice generalized, which is the principal foundation of the theory which maintains that history is dominated by the progress of independent legislation.
With the precocious dissolution of the feudal society in certain parts of Central and Northern Italy, and with the birth of the Communes, which were republics of production grouped in trade guilds and merchant guilds, the Roman law was forced into a place of honor. This law flowered anew in the Universities. It entered into a struggle with the barbaric laws and also in part with the canon law; it was then evidently a form of thought which answered better to the needs of the bourgeoisie, which was beginning to develop.
In fact, considering the peculiarities of rival laws, which were either customs of barbarous nations, or corporation privileges, or papal or imperial concessions, this law appeared as the universality of written reason. Had it not arrived at the point of regarding human personality in its most abstract and human relations, since a certain Titius is capable of becoming debtor and creditor, of selling and buying, of making a cession, a donation, etc.? Roman law, although elaborated in its last editing at the command of emperors by servile parasites, appeared then, amid the decline of mediæval institutions, as a revolutionary force, and as such it constituted a great step of progress. This law, so universal that it gave the means of overthrowing barbaric laws, was certainly a law which corresponded to human nature considered under its generic relations; and by its opposition to private laws and privileges it appeared as a natural law.
We know, moreover, how this ideology of natural law arose. It acquired its greatest distinction in the seventeenth and eighteenth centuries; but it had long been prepared for by the jurisprudence which took for its base the Roman law, whether it adopted it, revised it, or corrected it.
To the formation of the ideology of natural law another element contributed, the Greek philosophy of later epochs. The Greeks, who were the inventors of those definite arts of the mind which are sciences, never, as is known, drew from their multiple local laws a discipline corresponding to that which we call the science of law. On the contrary, by the rapid progress of abstract research in the circle of their democracies, they arrived very soon at a logical, rhetorical and pedagogical discussion on the nature of justice, the state, the law, penalty; and in their philosophy we may trace the rudimentary forms of all later discussions. But it is not until later, that is to say, in the Hellenistic epoch, when the limits of Greek life were sufficiently enlarged to be mingled with those of the civilized world, that, in the cosmopolitan environment which carried with it the need of searching in each man for the generic man, the rationalism of justice arose—of justice or of natural right in the form given it by the stoic philosophy. The Greek rationalism which had already furnished a certain formal element to the logical codification of Roman law reappeared in the eighteenth century in the doctrine of natural right.