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apparatus, he must first confer a benefit on his fellow men -must either offer them a better article at the price usually charged, or the same article at a less price. If he fails to do this, his invention is a dead letter; if he does it, he makes society a partner in the new mine of wealth he has opened. For all the exertion he has had in subjugating a previously unknown region of nature, he simply asks an extra proportion of the fruits. The rest of mankind unavoidably come in for the main advantage-will in a short time have the whole. Meanwhile, they cannot without injustice disregard his claims.

Let us remember, too, that in this, as in other cases, disobedience to the moral law is ultimately detrimental to all parties to those who infringe the rights of the individual as well as to the individual himself. It is a wellproved fact, that that insecurity of material property which results from general dishonesty, inevitably reacts to the punishment of all. The rationale of this is obvious. Industrial energy diminishes just in proportion to the uncertainty of its reward. Those who do not know that they shall reap will not sow. Instead of employing it in business, capitalists hoard what they possess, because productive investments are dangerous. Hence arises a universal straitness of means. Every enterprise is crippled by want of confidence. And from general distrust spring general discouragement, apathy, idleness, poverty, and their attendant miseries, involving alike all grades of men. Similar in kind, and less only in degree, is the curse attendant upon insecurity of property in ideas. Just in so far as the benefits likely to accrue to the inventor are precarious, will he be deterred from carrying out his plans. "If," thinks he to himself, "others are to enjoy the fruits of these wearisome studies and these numberless experiments, why should I continue them? If, in addition to all the possibilities of failure in the scheme itself, all the

time, trouble, and expense of my investigations, all the chances of destruction to my claim by disclosure of the plan, all the heavy costs attendant upon obtaining legal protection, I am liable to be deprived of my right by any scoundrel who may infringe it in the expectation that I shall not have money or madness enough to institute a chancery suit against him, I had better abandon the project at once." And although such reflections may often fail to extinguish the sanguine hopes of an inventor --although he may still prosecute his scheme to the end, regardless of all risks, yet after having once suffered the losses which ten to one society will inflict upon him, he will take good care never again to enter upon a similar undertaking. Whatever other ideas he may then or subsequently entertain-some of them most likely valuable ones-will remain undeveloped and probably die with him. Did mankind know the many important discoveries which the ingenious are prevented from giving to the world by the cost of obtaining legal protection, or by the distrust of that protection if obtained-were people duly to appreciate the consequent check put upon the development of the means of production-and could they properly estimate the loss thereby entailed upon themselves, they would begin to see that the recognition of the right of property in ideas, is only less important than the recognition of the right of property in goods.

5. In consequence of the probability, or perhaps we may say the certainty, that the causes leading to the evolution of a new idea in our mind, will eventually produce a like result in some other mind, the claim above set forth must not be admitted without limitation. Many have remarked the tendency that exists for an important invention or discovery to be made by independent investigators nearly at the same time. There is nothing really

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mysterious in this. A certain state state of knowledge, a recent advancement in science, the occurrence of some new social want-these form the conditions under which minds of similar characters are stimulated to like trains of thought, ending as they are prone to do in the same result. Such being the fact, there arises a qualification to the right of property in ideas, which it seems difficult and even impossible to specify definitely. The laws of patent and copyright, express this qualification by confining the inventor's or author's privilege within a certain term of years. But in what way the length of that term may be found with correctness there is no saying. In the mean time, as already pointed out (p. 128), such a difficulty does not in the least militate against the right itself.

CHAPTER XII.

THE RIGHT OF PROPERTY IN CHARACTER.

1. Could we accurately analyze the stimulus by which men are usually impelled to action-could we deter. mine the proportions of the several motives which go to make up that stimulus, we should probably find that amongst those classes removed from the absolute pressure of bodily wants, its chief component is a desire for the good opinion, regard, or admiration of others. Whether we observe this feeling as shown by the tattooed savage in his willingness to undergo torture that he may obtain a character for fortitude, and to risk any amount of danger that he may be called brave; or whether, turning to civilized life, we contemplate that ambition so universally exhibited by poets, orators, statesmen, artists, soldiers, and others known to fame; or whether, by taking off its

disguises, we discover the true nature of that insane eager ness with which people pursue wealth; we are alike instructed in the fact that, after those instincts immedi ately connected with the preservation of life, love of approbation exercises the greatest influence over human conduct.

Reputation, therefore, as a thing which men strive so incessantly to acquire and preserve, may be regarded as property. Earned like other property by labour, care, and perseverance similarly surrounding its owner with facilities for securing his ends, and affording him as it does a constant supply of food for divers of his desires; the esteem of others is a possession, having many analogies with possessions of a more palpable nature. An estate in the general good-will, appears to many of more worth than one in land. By some great action to have bought golden opinions, may be a richer source of gratification than to have obtained bank stock or railway shares. There are those to whom a crown of bay leaves would be a greater treasure than a fat legacy. Titles had once a definite pounds, shillings, and pence price; and if they are now becoming depreciated in value when compared with the honours spontaneously awarded by the public voice, it is that they do not represent so large an amount of genuine approbation. Men therefore who cultivate character, and live on the harvests of praise they reap-men who have invested their labour in noble deeds, and receive by way of interest the best wishes and cordial greetings of society, may be considered as having claims to these rewards of good conduct, resembling the claims of others to the rewards of their industry. Of course this is true not only of such as are distinguished by unusual worth; it is true of all. To the degree in which each has shown probity, kindness, truth, or other virtue, and has gained amongst his fellows a reputation for it, we must hold him

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entitled to the character he has thus fairly won, as to a species of property; a species of property, too, which, without quoting the hackneyed saying of Iago, may be described as of greater value than property of any other kind.

Those who hesitate to admit that a good name is property, should remember that it has really a money value. To be accounted honest is to be preferred as one with whom commercial dealings may be most safely carried on. Whoso is said to be particularly industrious, is likely, other things being equal, to get better pay than his competitors. The celebrity attending great intellectual capacity, introduces those possessing it to responsible and remunerative situations. It is quite allowable, therefore, to classify reputation under this head, seeing that, like capital, it may bring its owner an actual revenue in hard cash.

§ 2. The position that a good character is property being granted, a right to the possession of it when fairly earned, is demonstrable by arguments similar to those used in the two preceding chapters. Such character is attainable without any infringement of the freedom of others; is indeed a concrete result of habitual regard for that freedom; and being thus a source of gratification which its owner legitimately obtains-a species of property, as we say-it can no more be taken away from him without a breach of equity, than property of other kinds can. This conclusion manifestly serves as the foundation for a law of libel.

§ 3. Possibly this reasoning will be thought inconclusive. The position that character is property may be considered open to dispute; and it must be confessed that the propriety of so classifying it is not proveable with