what is property-及75准
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!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
history does not lie there�察�the destinies of the world are not dependent upon such trivial causes。 The passions of men�察�like the contingencies of time and the varieties of climate�察�serve to maintain the forces which move humanity and produce all historical changes�察�but they do not explain them。 The grain of sand of which Pascal speaks would have caused the death of one man only�察�had not prior action ordered the events of which this death was the precursor。
Montesquieu has read extensively�察�he knows Roman history thoroughly�察�is perfectly well acquainted with the people of whom he speaks�察�and sees very clearly why they were able to conquer their rivals and govern the world。 While reading him we admire the Romans�察�but we do not like them�察�we witness their triumphs without pleasure�察�and we watch their fall without sorrow。 Montesquieu's work�察�like the works of all French writers�察�is skilfully composed��spirited�察�witty�察�and filled with wise observations。 He pleases�察�interests�察�instructs�察�but leads to little reflection�察�he does not conquer by depth of thought�察�he does not exalt the mind by elevated reason or earnest feeling。 In vain should we search his writings for knowledge of antiquity�察�the character of primitive society�察�or a description of the heroic ages�察�whose morals and prejudices lived until the last days of the republic。 Vico�察�painting the Romans with their horrible traits�察�represents them as excusable�察�because he shows that all their conduct was governed by preexisting ideas and customs�察�and that they were informed�察�so to speak�察�by a superior genius of which they were unconscious�察�in Montesquieu�察�the Roman atrocity revolts�察�but is not explained。 Therefore�察�as a writer�察�Montesquieu brings greater credit upon French literature�察�as a philosopher�察�Vico bears away the palm。
Originally�察�property in Rome was national�察�not private。 Numa was the first to establish individual property by distributing the lands captured by Romulus。 What was the dividend of this distribution effected by Numa�拭 �What conditions were imposed upon individuals�察�what powers reserved to the State�拭 �None whatever。 Inequality of fortunes�察�absolute abdication by the republic of its right of eminent domain over the property of citizens��such were the first results of the division of Numa�察�who justly may be regarded as the originator of Roman revolutions。 He it was who instituted the worship of the god Terminus��the guardian of private possession�察�and one of the most ancient gods of Italy。 It was Numa who placed property under the protection of Jupiter�察�who�察�in imitation of the Etrurians�察�wished to make priests of the land´surveyors�察�who invented a liturgy for cadastral operations�察�and ceremonies of consecration for the marking of boundaries�察�who�察�in short�察�made a religion of property。��1�А �All these fancies would have been more beneficial than dangerous�察�if the holy king had not forgotten one essential thing�察�namely�察�to fix the amount that each citizen could possess�察�and on what conditions he could possess it。 For�察�since it is the essence of property to continually increase by accession and profit�察�and since the lender will take advantage of every opportunity to apply this principle inherent in property�察�it follows that properties tend�察�by means of their natural energy and the religious respect which protects them�察�to absorb each other�察�and fortunes to increase or diminish to an indefinite extent��a process which necessarily results in the ruin of the people�察�and the fall of the republic。 Roman history is but the development of this law。
��1�А �Similar or analogous customs have existed among all nations。 Consult�察�among other works�察 �Origin of French Law�察─�by M。 Michelet�察�and ;Antiquities of German Law�察─�by Grimm。
Scarcely had the Tarquins been banished from Rome and the monarchy abolished�察�when quarrels commenced between the orders。 In the year 494 B。C。�察�the secession of the commonalty to the Mons Sacer led to the establishment of the tribunate。 Of what did the plebeians complain�拭 �That they were poor�察�exhausted by the interest which they paid to the proprietors��_foeneratoribus��_ that the republic�察�administered for the benefit of the nobles�察�did nothing for the people�察�that�察�delivered over to the mercy of their creditors�察�who could sell them and their children�察�and having neither hearth nor home�察�they were refused the means of subsistence�察�while the rate of interest was kept at its highest point�察�&c。 For five centuries�察�the sole policy of the Senate was to evade these just complaints�察�and�察�notwithstanding the energy of the tribunes�察�notwithstanding the eloquence of the Gracchi�察�the violence of Marius�察�and the triumph of Caesar�察�this execrable policy succeeded only too well。 The Senate always temporized�察�the measures proposed by the tribunes might be good�察�but they were inopportune。 It admitted that something should be done�察�but first it was necessary that the people should resume the performance of their duties�察�because the Senate could not yield to violence�察�and force must be employed only by the law。 If the peopleout of respect for legalitytook this beautiful advice�察�the Senate conjured up a difficulty�察�the reform was postponed�察�and that was the end of it。 On the contrary�察�if the demands of the proletaires became too pressing�察�it declared a foreign war�察�and neighboring nations were deprived of their liberty�察�to maintain the Roman aristocracy。
But the toils of war were only a halt for the plebeians in their onward march towards pauperism。 The lands confiscated from the conquered nations were immediately added to the domain of the State�察�to the ager publicus�察�and�察�as such�察�cultivated for the benefit of the treasury�察�or�察�as was more often the case�察�they were sold at auction。 None of them were granted to the proletaires�察�who�察�unlike the patricians and knights�察�were not supplied by the victory with the means of buying them。 War never enriched the soldier�察�the extensive plundering has been done always by the generals。 The vans of Augereau�察�and of twenty others�察�are famous in our armies�察�but no one ever heard of a private getting rich。 Nothing was more common in Rome than charges of peculation�察�extortion�察�embezzlement�察�and brigandage�察�carried on in the provinces at the head of armies�察�and in other public capacities。 All these charges were quieted by intrigue�察�bribery of the judges�察�or desistance of the accuser。 The culprit was allowed always in the end to enjoy his spoils in peace�察�his son was only the more respected on account of his father's crimes。 And�察�in fact�察�it could not be otherwise。 What would become of us�察�if every deputy�察�peer�察�or public functionary should be called upon to show his title to his fortune��
;The patricians arrogated the exclusive enjoyment of the ager publicus�察�and�察�like the feudal seigniors�察�granted some portions of their lands to their dependants��a wholly precarious concession�察�revocable at the will of the grantor。 The plebeians�察�on the contrary�察�were entitled to the enjoyment of only a little pasture´land left to them in common�此�an utterly unjust state of things�察�since�察�in consequence of it�察�taxation_census_weighed more heavily upon the poor than upon the rich。 The patrician�察�in fact�察�always exempted himself from the tithe which he owed as the price and as the acknowledgment of the concession of domain�察�and�察�on the other hand�察�paid no taxes on his POSSESSIONS�察�if�察�as there is good reason to believe�察�only citizens' property was taxed。;Laboulaye�此�History of Property。
In order thoroughly to understand the preceding quotation�察�we must know that the estates of CITIZENSthat is�察�estates independent of the public domain�察�whether they were obtained in the division of Numa�察�or had since been sold by the questors were alone regarded as PROPERTY�察�upon these a tax�察�or _cense_�察�was imposed。 On the contrary�察�the estates obtained by concessions of the public domain�察�of the ager publicus ��for which a light rent was paid���察�were called POSSESSIONS。 Thus�察�among the Romans�察�there was a RIGHT OF PROPERTY and a RIGHT OF POSSESSION regulating the administration of all estates。 Now�察�what did the proletaires wish�拭 �That the jus possessionisthe simple right of possessionshould be extended to them at the expense�察�as is evident�察�not of private property�察�but of the public domain��agri publici。 The proletaires�察�in short�察�demanded that they should be tenants of the land which they had conquered。 This demand�察�the patricians in their avarice never would accede to。 Buying as much of this land as they could�察�they afterwards found means of obtaining the rest as POSSESSIONS。 Upon this land they employed their slaves。 The people�察�who could not buy�察�on account of the competition of the rich�察�nor hire�察�becausecultivating with their own handsthey could not promise a rent equal to the revenue which the land would yield when cultivated by slaves�察�were always deprived of possession and property。
Civil wars relieved�察�to some extent�察�the sufferings of the multitude。 ;The people enrolled themselves under the banners of the ambitious�察�in order to obtain by force that which the law refused them��property。 A colony was the reward of a victorious legion。 But it was no longer the ager publicus only�察�it was all Italy that lay at the mer