The Law
by Frédéric Bastiat
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The law is the organization of the natural right of lawful defense; it is the substitution of collective for individual forces, for the purpose of acting in the sphere in which they have a right to act, of doing what they have a right to do, to secure persons, liberties, and properties, and to maintain each in its right, so as to cause justice to reign over all. It is with these words that the nineteenth-century French economist and statesman Frédéric Bastiat describes his theory of the show more individual rights of man in a classic refutation of the communist ideas that were sweeping across France at the time. In these pages, Bastiat affirms that the non-intervention of the State in private affairs gives rise to our wants and their satisfactions developing in their natural order. Problems arise when the law leaves its proper sphere and is employed in annihilating that justice which it should have established. He describes the threat of socialism as "philanthropic tyranny," the enemy to his revered principles of justice, peace, order, stability, harmony, and logic. In clear, concise prose, Bastiat reveals the dangers of government overreach, a philosophy that still inspires libertarian ideology today. show lessTags
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Bastiat's most important work was probably "The Law." Published in the year of his death, it is a concise formulation of the case for classic liberalism, and a stern warning against the dark clouds of socialism that were descending upon Europe, particularly after the great upheavals of 1848.
Bastiat begins by clarifying the proper role of law in an enlightened Liberal society: the preservation of life, liberty, and property:
"If every person has the right to defend--even by force--his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus the principle of collective right--its reason for existing, its lawfulness--is based on show more individual right. And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute."
Bastiat explains how the collectivist agitation sweeping Western Europe in the mid nineteenth century sought to use the law for purposes well outside its purview. In a passage that sounds like it was written today, he laments this unfortunate turn of events:
"The law has been used to destroy its own objective: It has been applied to annihilating the justice that it was supposed to maintain; to limiting and destroying rights which its real purpose was to respect. The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense into a crime, in order to punish lawful defense."
One of the causes of this perversion of the law, says Bastiat, is greed. To satisfy his needs, man must labor. But needs can also be met by resorting to plunder, i.e., appropriating the fruits of someone else's labor. Socialism is nothing but generalized plunder, where groups who feel aggrieved enter the political process with the goal of using the law to steal from those they consider to be their oppressors.
What are the consequences of this trend?
"It would require volumes to describe them all. Thus we must content ourselves with pointing out the most striking. In the first place, it erases from everyone's consciousness the distinction between justice and injustice...The nature of the law is to maintain justice. This is so much the case that, in the minds of the people, law and justice are one and the same thing. There is in all of us a strong disposition to believe that anything lawful is also legitimate. This belief is so widespread that many persons have erroneously held that things are "just" because law makes them so. Thus, in order to make plunder appear just and sacred to many consciences, it is only necessary for the law to decree and sanction it."
Bastiat's words bring to mind the contemporary wave of legislation and adjudications in the realm of affirmative action. This is one of our own highly-developed methods of legal plunder, and it has done much to "erase from everyone's conscience the distinction between justice and injustice."
Taking the perversion of law to its logical extreme, Bastiat declares:
"By what right does the law force me to conform to the social plans of Mr. Mimerel, Mr. de Melun, Mr. Thiers, or Mr. Louis Blanc? If the law has a moral right to do this, why does it not, then, force these gentlemen to submit to my plans? Is it logical to suppose that nature has not given me sufficient imagination to dream up a utopia also? Should the law choose one fantasy among many, and put the organized force of government at its service only?"
On page after page, Bastiat picks apart socialist ideology, revealing its arrogance and its true intentions. I was particularly struck by the following passage, which carried the heading, "The Socialists Wish to Play God":
Socialists look upon people as raw material to be formed into social combinations. This is so true that, if by chance, the socialists have any doubts about the success of these combinations, they will demand that a small portion of mankind be set aside to experiment upon. The popular idea of trying all systems is well known. And one socialist leader has been known seriously to defend that the Constituent Assembly give him a small district with all its inhabitants, to try his experiments upon.
I conclude with Bastiat's clarion call for classic liberalism:
"Look at the entire world. Which countries contain the most peaceful, the most moral, and the happiest people? Those people are found in the countries where the law least interferes with private affairs; where government is least felt; where the individual has the greatest scope, and free opinion the greatest influence; where administrative powers are fewest and simplest; where taxes are lightest and most nearly equal, and popular discontent the least excited and the least justifiable; where individuals and groups most actively assume their responsibilities, and, consequently, where the morals of admittedly imperfect human beings are constantly improving; where trade, assemblies, and associations are the least restricted..." show less
Bastiat begins by clarifying the proper role of law in an enlightened Liberal society: the preservation of life, liberty, and property:
"If every person has the right to defend--even by force--his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus the principle of collective right--its reason for existing, its lawfulness--is based on show more individual right. And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute."
Bastiat explains how the collectivist agitation sweeping Western Europe in the mid nineteenth century sought to use the law for purposes well outside its purview. In a passage that sounds like it was written today, he laments this unfortunate turn of events:
"The law has been used to destroy its own objective: It has been applied to annihilating the justice that it was supposed to maintain; to limiting and destroying rights which its real purpose was to respect. The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense into a crime, in order to punish lawful defense."
One of the causes of this perversion of the law, says Bastiat, is greed. To satisfy his needs, man must labor. But needs can also be met by resorting to plunder, i.e., appropriating the fruits of someone else's labor. Socialism is nothing but generalized plunder, where groups who feel aggrieved enter the political process with the goal of using the law to steal from those they consider to be their oppressors.
What are the consequences of this trend?
"It would require volumes to describe them all. Thus we must content ourselves with pointing out the most striking. In the first place, it erases from everyone's consciousness the distinction between justice and injustice...The nature of the law is to maintain justice. This is so much the case that, in the minds of the people, law and justice are one and the same thing. There is in all of us a strong disposition to believe that anything lawful is also legitimate. This belief is so widespread that many persons have erroneously held that things are "just" because law makes them so. Thus, in order to make plunder appear just and sacred to many consciences, it is only necessary for the law to decree and sanction it."
Bastiat's words bring to mind the contemporary wave of legislation and adjudications in the realm of affirmative action. This is one of our own highly-developed methods of legal plunder, and it has done much to "erase from everyone's conscience the distinction between justice and injustice."
Taking the perversion of law to its logical extreme, Bastiat declares:
"By what right does the law force me to conform to the social plans of Mr. Mimerel, Mr. de Melun, Mr. Thiers, or Mr. Louis Blanc? If the law has a moral right to do this, why does it not, then, force these gentlemen to submit to my plans? Is it logical to suppose that nature has not given me sufficient imagination to dream up a utopia also? Should the law choose one fantasy among many, and put the organized force of government at its service only?"
On page after page, Bastiat picks apart socialist ideology, revealing its arrogance and its true intentions. I was particularly struck by the following passage, which carried the heading, "The Socialists Wish to Play God":
Socialists look upon people as raw material to be formed into social combinations. This is so true that, if by chance, the socialists have any doubts about the success of these combinations, they will demand that a small portion of mankind be set aside to experiment upon. The popular idea of trying all systems is well known. And one socialist leader has been known seriously to defend that the Constituent Assembly give him a small district with all its inhabitants, to try his experiments upon.
I conclude with Bastiat's clarion call for classic liberalism:
"Look at the entire world. Which countries contain the most peaceful, the most moral, and the happiest people? Those people are found in the countries where the law least interferes with private affairs; where government is least felt; where the individual has the greatest scope, and free opinion the greatest influence; where administrative powers are fewest and simplest; where taxes are lightest and most nearly equal, and popular discontent the least excited and the least justifiable; where individuals and groups most actively assume their responsibilities, and, consequently, where the morals of admittedly imperfect human beings are constantly improving; where trade, assemblies, and associations are the least restricted..." show less
The main weakness of this book is that Bastiat does not sufficiently analyze the meaning of property; this is despite the fact that Bastiat makes the preservation of property the sole purpose of the law. The result is that Bastiat fails to anticipate arguments for socialism that are based on the nature of property.
That said, Bastiat does well to criticize that species of statism that regards human beings as so much clay to be molded in the hands of the legislator. On this head, Bastiat's arguments are effective, passionate, and humane.
That said, Bastiat does well to criticize that species of statism that regards human beings as so much clay to be molded in the hands of the legislator. On this head, Bastiat's arguments are effective, passionate, and humane.
Bastiat's "La Loi" is undoubtedly an interesting read, for those already of a libertarian-dispostion, and for others curious about the ideas and arguments of those who advocate a limited government. The arguments put across by Bastiat, however, did not win me round to the completely libertarian way of thinking.
The book is certainly short, serving more as an introduction to the ideas of liberty, property and the role of government. However, the style the book is written in makes it difficult to pick out some of the more complex arguments, and makes the book quite boring at times. However, it is worth reading as the actual essay is fairly short.
The book is certainly short, serving more as an introduction to the ideas of liberty, property and the role of government. However, the style the book is written in makes it difficult to pick out some of the more complex arguments, and makes the book quite boring at times. However, it is worth reading as the actual essay is fairly short.
Summary: Small government is good government. I mean really small. You should pretty much trust individual people and groups unregulated by law to take care of most of the stuff the current Australian Government does on our/their behalf.
Things I liked:
Interesting argument
Plenty of examples/quotes
Amusing, kind of sarcastic style.
Things I thought could be improved:
Could have spent more time identifying and engaging opposing ideas.
Probably would have been good to to acknowledge some weaknesses in his arguments or unanswered questions requiring further investigation (he came off as a bit of know it all).
Highlight:
Probably the bit where he says our mistake isn't in admiring the leaders in the past, its in thinking we can't do any better.
Things I liked:
Interesting argument
Plenty of examples/quotes
Amusing, kind of sarcastic style.
Things I thought could be improved:
Could have spent more time identifying and engaging opposing ideas.
Probably would have been good to to acknowledge some weaknesses in his arguments or unanswered questions requiring further investigation (he came off as a bit of know it all).
Highlight:
Probably the bit where he says our mistake isn't in admiring the leaders in the past, its in thinking we can't do any better.
Bastiat's "The Law" is an interesting analysis of the allure of staism. He starts by suggesting an uncontroversial line: theft is wrong. From here, he goes on to question why the state can do something that private individuals would be arrested for: take from people who are unwilling to give their property away freely.
From here, he shows that once the state does this, the practice will expand because once the people see that the government will steal from some, people clamor for the government to give - we call it redistribution - to them. From this is born the beast called interest-group politics. Everyone wants everyone elses goods funneled there way, and those who shout the loudest get it.
One must admit that Bastiat has pretty-well show more guessed right. What he wanrs is what has come to fruition today, especially in light of the expanding welfare state and bailouts.
The Law is not to be missed. It is clear, concise, and very well argued. show less
From here, he shows that once the state does this, the practice will expand because once the people see that the government will steal from some, people clamor for the government to give - we call it redistribution - to them. From this is born the beast called interest-group politics. Everyone wants everyone elses goods funneled there way, and those who shout the loudest get it.
One must admit that Bastiat has pretty-well show more guessed right. What he wanrs is what has come to fruition today, especially in light of the expanding welfare state and bailouts.
The Law is not to be missed. It is clear, concise, and very well argued. show less
Although obviously dated (first published in 1849), this pamphlet mentions more key ideas of liberalism than I was expecting, and uses some terms that surprised me a bit.
For example, I wasn't expecting to read such a scathing critique of “socialism”. Or to find such a clear definition of the State and of State force as necessarily limited to protecting the (pre-existent, natural) rights of individuals (“personality, freedom, and property”) and to prevent injustice, rather than actively pursuing justice. It's a very clear defence of private property, individual projects of life and personal initiative, and an attack on redistribution, tariffs, subsidies, and an ever-expanding government that meddles with every aspect of life. show more Definitely, I was not expecting to find the word “communism” in the text!
I guess I had my historical timing wrong. For example, I had forgot that [b:The Communist Manifesto|30474|The Communist Manifesto|Karl Marx|https://i.gr-assets.com/images/S/compressed.photo.goodreads.com/books/1565912767l/30474._SY75_.jpg|2205479] was published just months before (in 1848), so there is that. Also, and according to a very quick search on Wikipedia, terms such as “socialism” are much older than I thought.
Overall an interesting read, if nothing else because it is enlightening to learn how many of “modern” dilemmas in economics, political philosophy, and contingent politics, were current 170 years ago, or even before that. show less
For example, I wasn't expecting to read such a scathing critique of “socialism”. Or to find such a clear definition of the State and of State force as necessarily limited to protecting the (pre-existent, natural) rights of individuals (“personality, freedom, and property”) and to prevent injustice, rather than actively pursuing justice. It's a very clear defence of private property, individual projects of life and personal initiative, and an attack on redistribution, tariffs, subsidies, and an ever-expanding government that meddles with every aspect of life. show more Definitely, I was not expecting to find the word “communism” in the text!
I guess I had my historical timing wrong. For example, I had forgot that [b:The Communist Manifesto|30474|The Communist Manifesto|Karl Marx|https://i.gr-assets.com/images/S/compressed.photo.goodreads.com/books/1565912767l/30474._SY75_.jpg|2205479] was published just months before (in 1848), so there is that. Also, and according to a very quick search on Wikipedia, terms such as “socialism” are much older than I thought.
Overall an interesting read, if nothing else because it is enlightening to learn how many of “modern” dilemmas in economics, political philosophy, and contingent politics, were current 170 years ago, or even before that. show less
A great book for the super edgy, white straight men in your life, who believe taxes to fund social safety nets and public schools (one of Bastiat's bête noires) are theft. They will especially love it if they, like Bastiat, hint at the idea that restricting the right to vote would be preferable to letting their political opponents win.
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- Canonical title
- The Law
- Original title
- La Loi
- Original publication date
- 1850
- People/Characters
- Charles de Montalembert; Charles Dupin; Bossuet; Fenelon; Charles-Louis de Secondat, Baron de Montesquieu; William Penn (show all 17); Rousseau, Jean-Jacques, 1712-1778; Raynal; Mably; Condillac; Louis Antoine de Saint-Just; Maximilien de Robespierre; Billaud-Varennes; Le Pelletier; Napoleon Bonaparte; Louis Blanc; Adolphe Thiers
- Important places
- France; USA
- First words
- The law perverted!
La loi pervertie ! - Quotations
- Il faut le dire : il y a trop de grands hommes dans le monde ; il y a trop de législateurs, organisateurs, instituteurs de sociétés, conducteurs de peuples, pères des nations, etc. Trop de gens se placent au dessus de l'h... (show all)umanité pour la régenter, trop de gens font métier de s'occuper d'elle.
Life, faculties, production – in other words, individuality, liberty, property – this is man. And in spite of the cunning of artful political leaders, these three gifts from God precede all human legislation, and are supe... (show all)rior to it. Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.
It is impossible to introduce into society a greater change and a greater evil than this: the conversion of the law into an instrument of plunder.
But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the e... (show all)xpense of another by doing what the citizen himself cannot do without committing a crime.
No legal plunder: This is the principle of justice, peace, order, stability, harmony, and logic. Until the day of my death, I shall proclaim this principle with all the force of my lungs (which alas! is all too inadequate).
Try to imagine a regulation of labor imposed by force that is not a violation of liberty; a transfer of wealth imposed by force that is not a violation of property. If you cannot reconcile these contradictions, then you must ... (show all)conclude that the law cannot organize labor and industry without organizing injustice.
Socialism, like the ancient ideas from which it springs, confuses the distinction between government and society. As a result of this, every time we object to a thing being done by government, the socialists conclude that we ... (show all)object to its being done at all. We disapprove of state education. Then the socialists say that we are opposed to any education. We object to a state religion. Then the socialists say that we want no religion at all. We object to a state-enforced equality. Then they say that we are against equality. And so on, and so on. It is as if the socialists were to accuse us of not wanting persons to eat because we do not want the state to raise grain.
If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong... (show all) to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind?
It seems to me that this is theoretically right, for whatever the question under discussion—whether religious, philosophical, political, or economic; whether it concerns prosperity, morality, equality, right, justice, progr... (show all)ess, responsibility, cooperation, property, labor, trade, capital, wages, taxes, population, finance, or government—at whatever point on the scientific horizon I begin my researches, I invariably reach this one conclusion: The solution to the problems of human relationships is to be found in liberty. - Last words
- (Click to show. Warning: May contain spoilers.)And now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and try liberty; for liberty is an acknowledgment of faith in God and His works.
(Click to show. Warning: May contain spoilers.)Et puisqu'on a vainement infligé au corps social tant de systèmes, qu'on finisse par là où l'on aurait dû commencer, qu'on repousse les systèmes, qu'on mette enfin à l'épreuve la Liberté, - la Liberté, qui est un acte de foi en Dieu et en son oeuvre.
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