The gospel of solidarity has even penetrated into the rural districts, and although the temperament of the peasant is strongly individualistic it is already beginning to bear fruit in the shape of numerous associations of various kinds. The most interesting of these is the mutual credit society, which implies collective responsibility for social debts.[1280]

This by no means exhausts the practical consequences of the solidarist ideal. One notable result which has already shown itself is a serious modification of the whole conception of the rights and attributes of private property. The old formula in which property was spoken of as a social trust rather than as a strictly individualistic right at the dominium ex jure Quiritium, but which until quite recently was nothing more than a mere metaphor, becomes a reality under the inspiration of this new doctrine of solidarity. Once it is realised that property is simply the result of the unconscious co-operation of a large number of causes, most of which are impersonal, the tendency will be to eliminate it altogether or to adapt it more and more to collective ends. M. Alfred Fouillée,[1281] a French philosopher, aptly put this aspect of the question when he spoke of social co-proprietorship being grafted on to individual property.

The modifications introduced into the study of jurisprudence by emphasising its solidarist aspect are occasionally spoken of as “juridical socialism,” a term that is not very clear, to say the least. The jurists who have undertaken the task of applying this new principle to the study of jurisprudence have not merely adopted the quasi-contract theory as the basis of their work of reconstruction, but have also refused to recognise any absolute rights of property; in other words, they claim that the proprietor has other responsibilities besides the mere exercise of those rights (qui suo jure utitur neminem lædere videtur).

Instead of emphasising the new principle known as the “abuse of rights,” they prefer to claim the complete subjection of all private rights to the public weal. They point to a thousand instances in which a proprietor ought to be held responsible, though through no fault of his own, for the results following from the discharge of his economic duties.[1282] The existence of such a thing as an acquired right is also denied, chiefly on the ground that fictitious rights of this kind bar the way to progress by setting up a claim for indemnity.[1283]

IV: CRITICISM

Notwithstanding the popularity of the term “solidarity” and the numerous attempts made to give effect to the doctrine of which we have just given a summary account, it would be a mistake to imagine that the theory has met with sympathy everywhere. On the contrary, it has been subjected to the liveliest criticism, especially by the Liberal economists.

It is not that the Liberals deny the existence of solidarity or disapprove of the results which follow from its operation. The discovery of the law of solidarity under the familiar aspect of division of labour and exchange constitutes a part of their own title to fame, and extravagant were the eulogiums which they bestowed upon its working.

They do, however, hold firmly to the belief that economic solidarity is quite sufficient, and that it is also the best imaginable, despite the fact that it may be our duty to organise it afresh. Is it possible to improve upon a system of division of functions which gives everyone, every day of his life, the equivalent of the service which he has rendered to society? Bastiat in his fable The Blind and the Paralytic compares this distribution of social effort to an understanding between two such persons, whereby the blind does the walking and the maimed indicates the direction.

Members of this school are strongly of the opinion that it is quite enough to let this principle of each for all work itself out under the pressure of competition. And as a matter of fact is it not to the interest of the producer to consult the wants and tastes and even the fancies of the public? Altruism pursued in this spirit, as it well might be, manifests itself as an incessant desire to satisfy the wants of others, and even to live for others. It loses none of its force by becoming, instead of a mere ideal, a professional necessity which no producer can afford to neglect without running the risk of failure.[1284] And it is not only between producers and consumers, but also between capital and labour, that such solidarity exists. Neither can produce without the other, and the interest of both is to have as large a produce as possible. A similar kind of solidarity exists among nations. The richer our neighbours are the better chance of our finding an outlet for our products.

Moreover, none of these solidarités but is essentially just, since everyone receives the exact equivalent of what he gives. What can the new doctrine of solidarity add to this, unless it be, perhaps, an element of pure parasitism?[1285]