What Is Property? · Chapter
§ 2: Occupation, as the Title to Property explained
Proudhon critiques the notion that occupation (first occupancy) can serve as a legitimate title to property.
What happens
Proudhon critiques the notion that occupation (first occupancy) can serve as a legitimate title to property. He examines arguments from Cicero, Grotius, Reid, and Destutt de Tracy, showing that each either implies equality or fails to justify property. He argues that occupation can only confer possession, not absolute property, and that true justice requires equal access to the means of life.
Themes in this chapter
Possession vs. Property
Proudhon distinguishes between mere possession (occupation) and absolute property, arguing that occupation only confers a right to use, not ownership.
Equality and Justice
The chapter argues that true justice requires equal access to the means of life, and that property based on occupation violates this equality.
Critique of Law and Government
Proudhon critiques legal and philosophical justifications of property, including those from Cicero, Grotius, and Reid, as failing to establish legitimate property rights.
Characters to notice
- Pierre Joseph Proudhon
Author and primary voice; critiques occupation as a title to property and examines various philosophical defenses.
- Cicero
Quoted for his theater analogy, which Proudhon interprets as supporting equality and limited possession.
- Grotius
Cited for his historical account of property emerging from original communism; Proudhon rejects his reasoning.
- Reid
Scottish philosopher whose doctrine of property as acquired and conditional is examined; Proudhon finds it implies equality.
- Destutt de Tracy
Materialist philosopher whose views on property and 'thine and mine' are critiqued for equivocation.
- Napoleon
Mentioned as having no objection to property articles in the Code, reflecting his selfish and wilful character.
Key passages
“The theatre, says Cicero, is common to all; nevertheless, the place that each one occupies is called his own; that is, it is a place possessed, not a place appropriated. This comparison annihilates property; moreover, it implies equality.”
Cicero's theater analogy shows that occupying a seat gives only temporary possession, not ownership, and actually supports equal access.
Proudhon uses Cicero to argue that occupation cannot justify property, only equal possession.
“According to Grotius, man has abandoned equality; according to me, he will yet return to it.”
Grotius claims humanity fell from equality into property, but Proudhon believes equality can be regained.
Proudhon contrasts his optimistic view of returning to equality with Grotius's narrative of decline.
“The proprietor, like Robinson Crusoe on his island, wards off with pike and musket the proletaire washed overboard by the wave of civilization, and seeking to gain a foothold upon the rocks of property.”
The property owner violently repels the landless worker who seeks only to survive, like Crusoe defending his island.
Proudhon uses this vivid metaphor to condemn property as a system of exclusion and violence.