Property as the civic liberals understand it deserves the attacks of the Communists and Proudhon: it is untenable, because the civic proprietor is in truth nothing but a propertyless man, one who is everywhere shut out. Instead of owning the world, as he might, he does not own even the paltry point on which he turns around.
Proudhon wants not the propriétaire but the possesseur or usufruitier.[179] What does that mean? He wants no one to own the land; but the benefit of it—even though one were allowed only the hundredth part of this benefit, this fruit—is at any rate one's property, which he can dispose of at will. He who has only the benefit of a field is assuredly not the proprietor of it; still less he who, as Proudhon would have it, must give up so much of this benefit as is not required for his wants; but he is the proprietor of the share that is left him. Proudhon, therefore, denies only such and such property, not property itself. If we want no longer to leave the land to the landed proprietors, but to appropriate it to ourselves, we unite ourselves to this end, form a union, a société, that makes itself proprietor; if we have good luck in this, then those persons cease to be landed proprietors. And, as from the land, so we can drive them out of many another property yet, in order to make it our property, the property of the—conquerors. The conquerors form a society which one may imagine so great that it by degrees embraces all humanity; but so-called humanity too is as such only a thought (spook); the individuals are its reality. And these individuals as a collective mass will treat land and earth not less arbitrarily than an isolated individual or so-called propriétaire. Even so, therefore, property remains standing, and that as "exclusive" too, in that humanity, this great society, excludes the individual from its property (perhaps only leases to him, gives him as a fief, a piece of it) as it besides excludes everything that is not humanity, e. g. does not allow animals to have property.—So too it will remain, and will grow to be. That in which all want to have a share will be withdrawn from that individual who wants to have it for himself alone: it is made a common estate. As a common estate every one has his share in it, and this share is his property. Why, so in our old relations a house which belongs to five heirs is their common estate; but the fifth part of the revenue is each one's property. Proudhon might spare his prolix pathos if he said: "There are some things that belong only to a few, and to which we others will from now on lay claim or—siege. Let us take them, because one comes to property by taking, and the property of which for the present we are still deprived came to the proprietors likewise only by taking. It can be utilized better if it is in the hands of us all than if the few control it. Let us therefore associate ourselves for the purpose of this robbery (vol)."—Instead of this, he tries to get us to believe that society is the original possessor and the sole proprietor, of imprescriptible right; against it the so-called proprietors have become thieves (La propriété c'est le vol); if it now deprives of his property the present proprietor, it robs him of nothing, as it is only availing itself of its imprescriptible right.—So far one comes with the spook of society as a moral person. On the contrary, what man can obtain belongs to him: the world belongs to me. Do you say anything else by your opposite proposition, "The world belongs to all"? All are I and again I, etc. But you make out of the "all" a spook, and make it sacred, so that then the "all" become the individual's fearful master. Then the ghost of "right" places itself on their side.
Proudhon, like the Communists, fights against egoism. Therefore they are continuations and consistent carryings-out of the Christian principle, the principle of love, of sacrifice for something general, something alien. They complete in property, e. g., only what has long been extant as a matter of fact,—viz., the propertylessness of the individual. When the law says, Ad reges potestas omnium pertinet, ad singulos proprietas; omnia rex imperio possidet, singuli dominio, this means: The king is proprietor, for he alone can control and dispose of "everything," he has potestas and imperium over it. The Communists make this clearer, transferring that imperium to the "society of all." Therefore: Because enemies of egoism, they are on that account—Christians, or, more generally speaking, religious men, believers in ghosts, dependents, servants of some generality (God, society, etc.). In this too Proudhon is like the Christians, that he ascribes to God that which he denies to men. He names him (e. g., page 90) the Propriétaire of the earth. Herewith he proves that he cannot think away the proprietor as such; he comes to a proprietor at last, but removes him to the other world.
Neither God nor Man ("human society") is proprietor, but the individual.
Proudhon (Weitling too) thinks he is telling the worst about property when he calls it theft (vol). Passing quite over the embarrassing question, what well-founded objection could be made against theft, we only ask: Is the concept "theft" at all possible unless one allows validity to the concept "property"? How can one steal if property is not already extant? What belongs to no one cannot be stolen; the water that one draws out of the sea he does not steal. Accordingly property is not theft, but a theft becomes possible only through property. Weitling has to come to this too, as he does regard everything as the property of all: if something is "the property of all," then indeed the individual who appropriates it to himself steals.
Private property lives by grace of the law. Only in the law has it its warrant—for possession is not yet property, it becomes "mine" only by assent of the law—; it is not a fact, not un fait as Proudhon thinks, but a fiction, a thought. This is legal property, legitimate property, guaranteed property. It is mine not through me but through the—law.
Nevertheless, property is the expression for unlimited dominion over somewhat (thing, beast, man) which "I can judge and dispose of as seems good to me." According to Roman law, indeed, jus utendi et abutendi re sua, quatenus juris ratio patitur, an exclusive and unlimited right; but property is conditioned by might. What I have in my power, that is my own. So long as I assert myself as holder, I am the proprietor of the thing; if it gets away from me again, no matter by what power, e. g. through my recognition of a title of others to the thing,—then the property is extinct. Thus property and possession coincide. It is not a right lying outside my might that legitimizes me, but solely my might: if I no longer have this, the thing vanishes away from me. When the Romans no longer had any might against the Germans, the world-empire of Rome belonged to the latter, and it would sound ridiculous to insist that the Romans had nevertheless remained properly the proprietors. Whoever knows how to take and to defend the thing, to him it belongs till it is again taken from him, as liberty belongs to him who takes it.—
Only might decides about property, and, as the State (no matter whether State of well-to-do citizens or of ragamuffins or of men in the absolute) is the sole mighty one, it alone is proprietor; I, the unique,[180] have nothing, and am only enfeoffed, am vassal and, as such, servitor. Under the dominion of the State there is no property of mine.
I want to raise the value of myself, the value of ownness, and should I cheapen property? No, as I was not respected hitherto because people, mankind, and a thousand other generalities were put higher, so property too has to this day not yet been recognized in its full value. Property too was only the property of a ghost, e. g. the people's property; my whole existence "belonged to the fatherland": I belonged to the fatherland, the people, the State, and therefore also everything that I called my own. It is demanded of States that they make away with pauperism. It seems to me this is asking that the State should cut off its own head and lay it at its feet; for so long as the State is the ego the individual ego must remain a poor devil, a non-ego. The State has an interest only in being itself rich; whether Michael is rich and Peter poor is alike to it; Peter might also be rich and Michael poor. It looks on indifferently as one grows poor and the other rich, unruffled by this alternation. As individuals they are really equal before its face; in this it is just: before it both of them are—nothing, as we "are altogether sinners before God"; on the other hand, it has a very great interest in this, that those individuals who make it their ego should have a part in its wealth; it makes them partakers in its property. Through property, with which it rewards the individuals, it tames them; but this remains its property, and every one has the usufruct of it only so long as he bears in himself the ego of the State, or is a "loyal member of society"; in the opposite case the property is confiscated, or made to melt away by vexatious lawsuits. The property, then, is and remains State property, not property of the ego. That the State does not arbitrarily deprive the individual of what he has from the State means simply that the State does not rob itself. He who is a State-ego, i. e. a good citizen or subject, holds his fief undisturbed as such an ego, not as being an ego of his own. According to the code, property is what I call mine "by virtue of God and law." But it is mine by virtue of God and law only so long as—the State has nothing against it.