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"Dominorum, ex jurè Quintio, est jus utendi et abutendi quatenus naturalis ratio patitur." As this sapient precept dropped oracularly from his lips, a word at a time, his figure faded and turned pale. With the last word he had passed out of existence. What more shall I tell you, my dear friends?
When the patricians bought up possessions and property, they realized the purpose of the Senate's decrees; when they lent at high rates of interest, they took advantage of a legal privilege. "Property," said the lender, "is the right to enjoy even to the extent of abuse, jus utendi et abutendi; that is, the right to lend at interest, to lease, to acquire, and then to lease and lend again."
May I, in this momentous struggle, carry into all hearts the light with which I am filled; and show, by the success of my argument, that equality failed to conquer by the sword only that it might conquer by the pen! 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 sua, guatenus juris ratio patitur.
In the second place, because tribal communism is by no means such a primitive condition as the Socialists, from Rousseau's time downwards, seem to believe, and wish to make others believe. Rather, a state preceded it, in which only movable property, the jus utendi atque abutendi re, was known to man.
As we already have remarked about the Contradictions, Proudhon did not attack property in itself; he tried to ennoble it and bring it into harmony with the claims of justice and equality by taking away from it what to-day is a jus utendi et abutendi, that is, its rights over the substance of a thing, and the right of devolving it for ever.
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