Chapter 2 of 19 · The Natural and Artificial Right of Property Contrasted by Thomas Hodgskin
CONTENTS.
- First Reasons for addressing Mr. Brougham.—His Law commission.—Its inutility.—The necessity of inquiry into first principles.—THE RIGHT OF PROPERTY is one of these principles, and the foundation of the political edifice.—Important difference of opinion between Mr. Locke and Mr. Bentham, as to the origin of this right .... 1
- Second Mr. Locke's opinion of this right adopted and confirmed.—Proofs of its existence at all times and places.—Proof that M. Dumont is wrong in ascribing a sense of security to legislation . 23
- Third What is the law?—Who are the law makers?—The law is a great scheme of rules intended to preserve the power of government, secure the wealth of the landowner, the priest, and the capitalist, but never to secure his produce to the labourer.—The law-maker is never a labourer, and has no natural right to any wealth.—He takes no notice of the natural right of property.—Manifold miseries which result from his appropriating the produce of labour, and from the legal right of property being in opposition to the natural ....... 44
- Fourth Origin of the right of property in land.—Changes which it is undergoing.—The quantity of land required to raise subsistence gradually diminishes.—Important principle overlooked by Mr. Malthus and his followers.—Appropriation of land in Europe ...... 61
- Fifth False pretexts and real objects of the legislator.—Proofs that his real object of preserving his power, has not been attained.—He has failed to secure the superiority of the landlords, and the legal rights of the clergy.—The revenue of the state.—The abolition of slavery, and the rise and progress of the middle classes, contrary to the legislator's will.—Illustration of the usury laws.—Alteration in the right of property 76
- Edition: current; Page: [vi]Sixth Identity of Lord Bacon and Mr. Locke's philosophy.—Law-makers in establishing a right of property only copy a previous usage.—Examples of the test acts and Catholic emancipation.—The press.—Last act of legislation.—Examples of Peter the Great and Joseph II.—Of the middle ages.—Of forgery.—An example in the time of Athelstan.—In modern Mexico.—Attempts to abolish villeinage on the continent.—The French revolution ....... 105
- Seventh The existing right of property is guaranteed by opinion, not by law.—Source of the opposite mistake.—Protection afforded by law against governments.—Illustration of Turkey and Britain.—Illustrations of opinion guaranteeing rights, not laws.—Tenants at will in England and Italy.—Property of traders.—Domestic rights.—All rights are guaranteed by opinion 130
- Eighth Not intended to go deeply into this subject.—The sufferings and crimes of the oppressed labourer overlooked.—The pains and penalties-suffered by the oppressors only adverted to.—Mr. Combe's description of the present state of society.—Fraud, forgery, and overtrading, all result from an artificial right of property.—No legislative remedy suggested for these evils, because legislation has no influence over natural laws.—Society a natural phenomenon.—Conclusion 147
- Postscript Change in the situation of the Lord Chancellor.—Reasons for believing that his former liberality of sentiment was assumed.—The Lord Chancellor's attack upon the author.—Changes in Europe.—As they have not led to social happiness, men will and necessarily must inquire into the Right of Property.—Other proofs of this necessity.—Answer to the statement, that these doctrines lead to no legal improvement.—It has been shewn that property is not regulated by human laws, and therefore society is not.—The power which has regulated it in past times must be trusted in future.—Source of the alarm as to property, and reasons for believing it unfounded.—Conclusion ...... 164
The Natural and Artificial Right of Property Contrasted
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