THE SOCIALISTS OF THE CHAIR. 
281 
the absolute and exclusive quiritarian ownership adopted by 
modern law. 
Property in articles of consumption is quite a different thing 
from property in instruments of production. To the latter ought 
to be applied in all its force the reservation imposed, even by the 
Roman law, on the right of using and abusing (^us utendi et 
abutendi re suâ, quatenus juris ratio patitur), in so far, that is to 
say, as is permitted by the very considerations which originated 
the right, namely, considerations of general utility. While as 
far as articles of consumption are concerned, the old regula 
tions, such as the imposition of sumptuary laws and restrictions 
as to dress and the fixing of prices by authority have dis 
appeared, limitations set to the free use of immovable property 
tend to multiply and become more strict. Thus, more and 
more stringent laws are everywhere made concerning the clear 
ing of woods, the employment of machines, the using of rivers, 
the organization of labour in factories. In towns, proprietors 
are not allowed to build until their plans have been approved 
by authority ; they may be compelled to pull down buildings 
pronounced dangerous to life or health, and they are not allowed 
to carry on any trade which is a nuisance to their neighbours. 
Property in mines is subjected to still more numerous restric 
tions. Finally, owners are expropriated, not only for works of 
public utility, but even, as in the expropriation by means of the 
taxation of districts, in order to permit the Commune or the 
State to cover the cost of an improvement. These are some 
applications of the Roman formula, Quatenus juris ratio 
patitur. 
The Economists of the new school are far from holding the 
same opinions on all subjects. On the contrary, they are much 
more divided among themselves than the classical Economists, 
for the very reason that they reject the uniform creed as to 
natural laws and universal laissez faire. Thus, Adolf Wagner 
calls for limitations on private ownership, and an extension of 
collective ownership that few of his colleagues accept. In the 
session at Bremen, when the resumption of the railways by the 
State was discussed, A. Wagner and A. Held declared in favour 
of it. Nasse and Brentano against it.