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His highly colored complexion and well-developed corpulence might have made persons think, in spite of his actual sobriety, that he cultivated Bacchus as well as Troplong and Toullier. His half-extinct voice was the sign of an oppressive asthma. Perhaps the dry air of Montegnac had contributed to fix him there. He lived in a house arranged for him by a well-to-do cobbler to whom it belonged.
In that, he is in accord with the Roman law, in accord with MM. Toullier and Duranton; but in his opinion this condition is not the only one, and it is in this particular that his doctrine goes beyond theirs.
They did every thing in their own blind way. If we can believe Toullier: "The absolute rights can be reduced to three: SECURITY, LIBERTY, PROPERTY." Equality is eliminated by the Rennes professor; why? Is it because LIBERTY implies it, or because property prohibits it? On this point the author of "Droit Civil Explique" is silent: it has not even occurred to him that the matter is under discussion.
Now, is there so much as a shadow of method in M. Toullier, M. Troplong, and this swarm of insipid commentators, almost as devoid of reason and moral sense as the code itself? Do you give the name of method to an alphabetical, chronological, analogical, or merely nominal classification of subjects?
Property pure and simple, the dominant and seigniorial power over a thing; or, as they term it, NAKED PROPERTY. 2. POSSESSION. "Possession," says Duranton, "is a matter of fact, not of right." Toullier: "Property is a right, a legal power; possession is a fact."
Toullier: French Law according to the Code. Are Achilles and Ajax associated, or are they not? Settle that, and you settle the whole question. If Achilles and Ajax, instead of being associated, are themselves in the service of Agamemnon who pays them, there is no objection to Aristotle's method.
"Property," says Toullier, "is a MORAL QUALITY inherent in a thing; AN ACTUAL BOND which fastens it to the proprietor, and which cannot be broken save by his act." Locke humbly doubted whether God could make matter INTELLIGENT. Toullier asserts that the proprietor renders it MORAL. How much does he lack of being a God? These are by no means exaggerations.
As long as man is opposed to man, property offsets property, and the two forces balance each other; as soon as man is isolated, that is, opposed to the society which he himself represents, jurisprudence is at fault: Themis has lost one scale of her balance. Listen to the professor of Rennes, the learned Toullier:
Toullier, in his "Civil Law," says: "In order that the question of proprietorship may not remain too long unsettled, and thereby injure the public welfare, disturbing the peace of families and the stability of social transactions, the law has fixed a time when all claims shall be cancelled, and possession shall regain its ancient prerogative through its transformation into property."
Nevertheless, M. Troplong has thought about these things. "There are," he says, "many weak points and antiquated ideas in the doctrines of modern authors concerning property: witness the works of MM. Toullier and Duranton." The doctrine of M. Troplong promises, then, strong points, advanced and progressive ideas. Let us see; let us examine:
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