CHAPTER IX

 REAL PROPERTY

 

Each member of the community gives himself to it, at the moment of its foundation, just as he is, with all the resources at his command, including the goods he possesses. This act does not make possession, in changing hands, change its nature, and becomes property in the hands of the Sovereign; but, as the forces of the city are incomparably greater than those of an individual, public possession is also, in fact, stronger and more irrevocable, without being any more legitimate¹, at any rate from the point of view of foreigners. For the State, in relation to its members, is master of all their goods by the social contract, which, within the State, is the basis of all rights; but, in relation to other powers, it is so only by the right of the first occupier, which it holds from its members.

The right of the first occupier, though more real than the right of the strongest, becomes a real right only when the right of property has already been established. Every man has naturally a right to everything he needs; but the positive act which makes him proprietor³ of one thing excludes him from everything else. Having his share, he ought to keep to it, and can have no further right against the community. This is why the right of the first occupier, which in the state of nature is so weak, claims the respect of every man in civil society. In this right we are respecting not so much what belongs to another as what does not belong to ourselves.

In general, to establish the right of the first occupier over a plot of ground, the following conditions are necessary: first, the land must not yet be inhabited; secondly⁴, a man must occupy only the amount he needs for his subsistence; and, in the third place, possession must be taken, not by an empty ceremony, but by labour and cultivation⁵, the only sign of proprietorship⁶ that should be respected by others, in default of a legal title.

In granting the right of first occupancy to necessity and labour, are we not really stretching it as far as it can go? Is it possible to leave such a right unlimited⁷? Is it to be enough to set foot on a plot of common ground, in order to be able to call yourself at once the master of it? Is it to be enough that a man has the strength to expel others for a moment, in order to establish his right to prevent them from ever returning? How can a man or a people seize an immense territory and keep it from the rest of the world except by a punishable usurpation⁸, since all others are being robbed, by such an act, of the place of habitation and the means of subsistence which nature gave them in common? When Nu?ez Balbao, standing⁹ on the sea-shore, took possession of the South Seas and the whole of South America in the name of the crown of Castille, was that enough to dispossess all their actual inhabitants, and to shut out from them all the princes of the world? On such a showing, these ceremonies are idly multiplied, and the Catholic King need only take possession all at once, from his apartment, of the whole universe, merely making a subsequent reservation about what was already in the possession of other princes.

We can imagine how the lands of individuals, where they were contiguous and came to be united, became the public territory, and how the right of Sovereignty, extending from the subjects over the lands they held, became at once real and personal. The possessors were thus made more dependent, and the forces at their command used to guarantee their fidelity¹⁰. The advantage of this does not seem to have been felt by ancient monarchs¹¹, who called themselves King of the Persians, Scythians, or Macedonians, and seemed to regard themselves more as rulers of men than as masters of a country. Those of the present day more cleverly call themselves Kings of France, Spain, England, etc.: thus holding the land, they are quite confident of holding the inhabitants.

The peculiar¹² fact about this alienation¹³ is that, in taking over the goods of individuals, the community, so far from despoiling¹⁴ them, only assures them legitimate possession, and changes usurpation into a true right and enjoyment¹⁵ into proprietorship. Thus the possessors, being regarded as depositaries of the public good, and having their rights, respected by all the members of the State and maintained against foreign aggression¹⁶ by all its forces, have, by a cession¹⁷ which benefits both the public and still more themselves, acquired, so to speak, all that they gave up. This paradox¹⁸ may easily be explained by the distinction between the rights which the Sovereign and the proprietor have over the same estate, as we shall see later on. It may also happen that men begin to unite one with another before they possess anything, and that, subsequently occupying a tract² of country which is enough for all, they enjoy it in common, or share it out among themselves, either equally or according to a scale fixed¹⁹ by they Sovereign. However the acquisition be made, the right which each individual has to his own estate is always subordinate to the right which the community has over all: without this, there would be neither stability in the social tie, nor real force in the exercise of Sovereignty.

I shall end this chapter and this book by remarking on a fact on which the whole social system should rest: i.e. that, instead of destroying natural inequality, the fundamental compact substitutes, for such physical inequality as nature may have set up between men, an equality that is moral and legitimate, and that men, who may be unequal in strength or intelligence, become every one equal by convention and legal right.[1]

[1] Under bad governments, this equality is only apparent and illusory: it serves only to keep the pauper²⁰ in his poverty and the rich man in the position he has usurped²¹. In fact, laws are always of use to those who possess and harmful to those who have nothing: from which it follows that the social state is advantageous²² to men only when all have something and none too much.

1 legitimate   

adj.合法的，合理的，合乎逻辑的；v.使合法

参考例句：

• Sickness is a legitimate reason for asking for leave.生病是请假的一个正当的理由。
• That's a perfectly legitimate fear.怀有这种恐惧完全在情理之中。

2 tract   

n.传单，小册子，大片(土地或森林)

参考例句：

• He owns a large tract of forest.他拥有一大片森林。
• He wrote a tract on this subject.他曾对此写了一篇短文。

3 proprietor   

n.所有人；业主；经营者

参考例句：

• The proprietor was an old acquaintance of his.业主是他的一位旧相识。
• The proprietor of the corner grocery was a strange thing in my life.拐角杂货店店主是我生活中的一个怪物。

4 secondly   

adv.第二，其次

参考例句：

• Secondly,use your own head and present your point of view.第二，动脑筋提出自己的见解。
• Secondly it is necessary to define the applied load.其次，需要确定所作用的载荷。

5 cultivation   

n.耕作，培养，栽培（法），养成

参考例句：

• The cultivation in good taste is our main objective.培养高雅情趣是我们的主要目标。
• The land is not fertile enough to repay cultivation.这块土地不够肥沃，不值得耕种。

6 proprietorship   

n.所有（权）；所有权

参考例句：

• A sole proprietorship ends with the incapacity or death of the owner. 当业主无力经营或死亡的时候，这家个体企业也就宣告结束。 来自英汉非文学 - 政府文件
• This company has a proprietorship of the copyright. 这家公司拥有版权所有权。 来自辞典例句

7 unlimited   

adj.无限的，不受控制的，无条件的

参考例句：

• They flew over the unlimited reaches of the Arctic.他们飞过了茫茫无边的北极上空。
• There is no safety in unlimited technological hubris.在技术方面自以为是会很危险。

8 usurpation   

n.篡位；霸占

参考例句：

• The struggle during this transitional stage is to oppose Chiang Kai-shek's usurpation of the fruits of victory in the War of Resistance.过渡阶段的斗争，就是反对蒋介石篡夺抗战胜利果实的斗争。
• This is an unjustified usurpation of my authority.你是在非法纂夺我的权力。

9 standing   

n.持续，地位；adj.永久的，不动的，直立的，不流动的

参考例句：

• After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
• They're standing out against any change in the law.他们坚决反对对法律做任何修改。

10 fidelity   

n.忠诚，忠实；精确

参考例句：

• There is nothing like a dog's fidelity.没有什么能比得上狗的忠诚。
• His fidelity and industry brought him speedy promotion.他的尽职及勤奋使他很快地得到晋升。

11 monarchs   

君主，帝王( monarch的名词复数 )

参考例句：

• Monarchs ruled England for centuries. 世袭君主统治英格兰有许多世纪。
• Serving six monarchs of his native Great Britain, he has served all men's freedom and dignity. 他在大不列颠本国为六位君王服务，也为全人类的自由和尊严服务。 来自演讲部分

12 peculiar   

adj.古怪的，异常的；特殊的，特有的

参考例句：

• He walks in a peculiar fashion.他走路的样子很奇特。
• He looked at me with a very peculiar expression.他用一种很奇怪的表情看着我。

13 alienation   

n.疏远；离间；异化

参考例句：

• The new policy resulted in the alienation of many voters.新政策导致许多选民疏远了。
• As almost every conceivable contact between human beings gets automated,the alienation index goes up.随着人与人之间几乎一切能想到的接触方式的自动化，感情疏远指数在不断上升。

14 despoiling   

v.掠夺，抢劫( despoil的现在分词 )

参考例句：

15 enjoyment   

n.乐趣；享有；享用

参考例句：

• Your company adds to the enjoyment of our visit. 有您的陪同，我们这次访问更加愉快了。
• After each joke the old man cackled his enjoyment.每逢讲完一个笑话，这老人就呵呵笑着表示他的高兴。

16 aggression   

n.进攻，侵略，侵犯，侵害

参考例句：

• So long as we are firmly united, we need fear no aggression.只要我们紧密地团结，就不必惧怕外来侵略。
• Her view is that aggression is part of human nature.她认为攻击性是人类本性的一部份。

17 cession   

n.割让，转让

参考例句：

• The cession of the territory could not be avoided because they lost the war.因为他们输了这场战争，割让领土是无法避免的。
• In 1814,Norwegians resisted the cession of their country to Sweden and adopted a new constitution.1814年挪威人反对向瑞典割让自己的国土，并且制定了新的宪法。

18 paradox   

n.似乎矛盾却正确的说法；自相矛盾的人(物)

参考例句：

• The story contains many levels of paradox.这个故事存在多重悖论。
• The paradox is that Japan does need serious education reform.矛盾的地方是日本确实需要教育改革。

19 fixed   

adj.固定的，不变的，准备好的；(计算机)固定的

参考例句：

• Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗？
• Once the aim is fixed,we should not change it arbitrarily.目标一旦确定，我们就不应该随意改变。

20 pauper   

n.贫民，被救济者，穷人

参考例句：

• You lived like a pauper when you had plenty of money.你有大把钱的时候，也活得像个乞丐。
• If you work conscientiously you'll only die a pauper.你按部就班地干，做到老也是穷死。

21 usurped   

篡夺，霸占( usurp的过去式和过去分词 )； 盗用； 篡夺，篡权

参考例句：

• That magazine usurped copyrighted material. 那杂志盗用了版权为他人所有的素材。
• The expression'social engineering'has been usurped by the Utopianist without a shadow of light. “社会工程”这个词已被乌托邦主义者毫无理由地盗用了。

22 advantageous   

adj.有利的；有帮助的

参考例句：

• Injections of vitamin C are obviously advantageous.注射维生素C显然是有利的。
• You're in a very advantageous position.你处于非常有利的地位。