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Proudhon, P.-J. (Pierre-Joseph), 1809-1865

"The Philosophy of Misery"

As if the idea were not
the category which includes all the facts that express it; as if
a method, a system, were not a generalization of experiences, and
consequently that which properly constitutes the fruit of
genius,--invention! Here legislation is more than anti-economic,
it borders on the silly. Therefore I am entitled to ask the
legislator why, in spite of free competition, which is nothing
but the right to apply a theory, a principle, a method, a
non-appropriable system, he forbids in certain cases this same
competition, this right to apply a principle?" It is no longer
possible," says M. Renouard, with strong reason, "to stifle
competitors by combining in corporations and guilds; the loss is
supplied by patents." Why has the legislator given hands to this
conspiracy of monopolies, to this interdict upon theories
belonging to all?
But what is the use of continually questioning one who can say
nothing? The legislator did not know in what spirit he was
acting when he made this strange application of the right of
property, which, to be exact, we ought to call the right of
priority.


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