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WHAT IS PROPERTY?
And this is what is honored with the name of jurisprudence and philosophy,—the restoration of force. What! when I have “moulded matter by my labor” [I quote M. Troplong]; when I have “deposited in it a portion of myself” [M. Troplong]; when I have “re-created it by my industry, and set upon it the seal of my intelligence” [M. Troplong],—on the ground that I have not possessed it for a year, a stranger may dispossess me, and the law offers me no protection! And if M. Troplong is my judge, M. Troplong will condemn me! And if I resist my adversary,—if, for this bit of mud which I may call my field, and of which they wish to rob me, a war breaks out between the two competitors,—the legislator will gravely wait until the stronger, having killed the other, has had possession for a year! No, no, Monsieur Troplong! you do not understand the words of the law; for I prefer to call in question your intelligence rather than the justice of the legislator. You are mistaken in your application of the principle, In pari causa possessor potior habetur: the actuality of possession here refers to him who possessed at the time when the difficulty arose, not to him who possesses at the time of the complaint. And when the code prohibits the reception of actions possessoires, in cases where the possession is not of a year’s duration, it simply means that if, before a year has