What Is Property? · Chapter
II explained
Proudhon examines property as a natural right, contrasting Roman and French legal definitions that grant absolute domain.
What happens
Proudhon examines property as a natural right, contrasting Roman and French legal definitions that grant absolute domain. He distinguishes property (a legal right) from possession (a matter of fact), introducing the concepts of jus in re and jus ad rem, and frames his memoir as an action petitoire against property itself, demanding its abolition rather than redistribution.
Themes in this chapter
Possession vs. Property
Proudhon draws a critical distinction between possession (fact) and property (right), arguing that property is a legal fiction that enables abuse.
Critique of Law and Government
The chapter critiques legal definitions of property from Roman law to the Napoleonic Code, exposing their role in legitimizing absolute dominion.
Characters to notice
- Pierre Joseph Proudhon
Author and narrator; brings an action petitoire against property, demanding its abolition.
- Toullier
Quoted for the definition distinguishing property as a right from possession as a fact.
Key passages
“The Roman law defined property as the right to use and abuse one’s own within the limits of the law— jus utendi et abutendi re suâ, guatenus juris ratio patitur.”
Roman law defined property as the right to use and even destroy what you own, as long as it stays within legal bounds.
Proudhon introduces the Roman definition to highlight the absolute power property grants.
“Property is the right to enjoy and dispose of things in the most absolute manner, provided we do not overstep the limits prescribed by the laws and regulations.”
The Napoleonic Code says property is the absolute right to enjoy and dispose of things, limited only by laws that prevent conflicts between owners.
Proudhon cites the Code to show that legal restrictions merely protect one owner against another, not limit property itself.
“Possession is a matter of fact, not of right.”
Possession is just a factual state, not a legal entitlement.
Proudhon uses Duranton's and Toullier's definitions to separate possession from the legal right of property.