When a reviewer wishes to give
special recognition to a book, he predicts that it will still be read "a hundred
years from now." The Law, first published as a pamphlet in June, 1850, is
already more than a hundred years old. And because its truths are eternal, it
will still be read when another century has passed.
Frederic Bastiat (1801-1850) was
a French economist, statesman, and author. He did most of his writing during the
years just before - and immediately following -- the Revolution of February
1848. This was the period when France was rapidly turning to complete socialism.
As a Deputy to the Legislative Assembly, Mr. Bastiat was studying and explaining
each socialist fallacy as it appeared. And he explained how socialism must
inevitably degenerate into communism. But most of his countrymen chose to ignore
The Law is here presented again
because the same situation exists in America today as in the France of 1848. The
same socialist-communist ideas and plans that were then adopted in France are
now sweeping America. The explanations and arguments then advanced against
socialism by Mr. Bastiat are -- word for word -- equally valid today. His ideas
deserve a serious hearing.
The Foundation for Economic Education.
Permission to reprint granted without special request.
The law perverted! And the police
powers of the state perverted along with it! The law, I say, not only turned
from its proper purpose but made to follow an entirely contrary purpose! The law
become the weapon of every kind of greed! Instead of checking crime, the law
itself guilty of the evils it is supposed to punish!
If this is true, it is a serious
fact, and moral duty requires me to call the attention of my fellow-citizens to
Life Is a Gift
We hold from God the gift which
includes all others. This gift is life -- physical, intellectual, and moral
But life cannot maintain itself
alone. The Creator of life has entrusted us with the responsibility of
preserving, developing, and perfecting it. In order that we may accomplish this,
He has provided us with a collection of marvelous faculties. And He has put us
in the midst of a variety of natural resources. By the application of our
faculties to these natural resources we convert them into products, and use
them. This process is necessary in order that life may run its appointed course.
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 superior 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.
What Is Law ?
What, then, is law? It is the
collective organization of the individual right to lawful defense.
Each of us has a natural
right--from God--to defend his person, his liberty, and his property. These are
the three basic requirements of life, and the preservation of any one of them is
completely dependent upon the preservation of the other two. For what are our
faculties but the extension of our individuality? And what is property but an
extension of our faculties?
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 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.
Thus, since an individual cannot lawfully use force against the person, liberty,
or property of another individual, then the common force -- for the same reason
-- cannot lawfully be used to destroy the person, liberty, or property of
individuals or groups.
Such a perversion of force would
be, in both cases, contrary to our premise. Force has been given to us to defend
our own individual rights. Who will dare to say that force has been given to us
to destroy the equal rights of our brothers? Since no individual acting
separately can lawfully use force to destroy the rights of others, does it not
logically follow that the same principle also applies to the common force that
is nothing more than the organized combination of the individual forces?
If this is true, then nothing can
be more evident than this: The law is the organization of the natural right of
lawful defense. It is the substitution of a common force for individual forces.
And this common force is to do only what the individual forces have a natural
and lawful right to do: to protect persons, liberties, and properties; to
maintain the right of each, and to cause justice to reign over us all.
A Just and
If a nation were founded on this
basis, it seems to me that order would prevail among the people, in thought as
well as in deed. It seems to me that such a nation would have the most simple,
easy to accept, economical, limited, non-oppressive, just, and enduring
government imaginable -- whatever its political form might be.
Under such an administration,
everyone would understand that he possessed all the privileges as well as all
the responsibilities of his existence. No one would have any argument with
government, provided that his person was respected, his labor was free, and the
fruits of his labor were protected against all unjust attack. When successful,
we would not have to thank the state for our success. And, conversely, when
unsuccessful, we would no more think of blaming the state for our misfortune
than would the farmers blame the state because of hail or frost. The state would
be felt only by the invaluable blessings of safety provided by this concept of
It can be further stated that,
thanks to the non- intervention of the state in private affairs, our wants and
their satisfactions would develop themselves in a logical manner. We would not
see poor families seeking literary instruction before they have bread. We would
not see cities populated at the expense of rural districts, nor rural districts
at the expense of cities. We would not see the great displacements of capital,
labor, and population that are caused by legislative decisions.
The sources of our existence are
made uncertain and precarious by these state-created displacements. And,
furthermore, these acts burden the government with increased responsibilities.
Perversion of the Law
But, unfortunately, law by no
means confines itself to its proper functions. And when it has exceeded its
proper functions, it has not done so merely in some inconsequential and
debatable matters. The law has gone further than this; it has acted in direct
opposition to its own purpose. 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
How has this perversion of the
law been accomplished? And what have been the results?
The law has been perverted by the
influence of two entirely different causes: stupid greed and false philanthropy.
Let us speak of the first.
A Fatal Tendency
self-development are common aspirations among all people. And if everyone
enjoyed the unrestricted use of his faculties and the free disposition of the
fruits of his labor, social progress would be ceaseless, uninterrupted, and
But there is also another
tendency that is common among people. When they can, they wish to live and
prosper at the expense of others. This is no rash accusation. Nor does it come
from a gloomy and uncharitable spirit. The annals of history bear witness to the
truth of it: the incessant wars, mass migrations, religious persecutions,
universal slavery, dishonesty in commerce, and monopolies. This fatal desire has
its origin in the very nature of man -- in that primitive, universal, and
insuppressible instinct that impels him to satisfy his desires with the least
Man can live and satisfy his
wants only by ceaseless labor; by the ceaseless application of his faculties to
natural resources. This process is the origin of property.
But it is also true that a man
may live and satisfy his wants by seizing and consuming the products of the
labor of others. This process is the origin of plunder.
Now since man is naturally
inclined to avoid pain -- and since labor is pain in itself -- it follows that
men will resort to plunder whenever plunder is easier than work. History shows
this quite clearly. And under these conditions, neither religion nor morality
can stop it.
When, then, does plunder stop? It
stops when it becomes more painful and more dangerous than labor.
It is evident, then, that the
proper purpose of law is to use the power of its collective force to stop this
fatal tendency to plunder instead of to work. All the measures of the law should
protect property and punish plunder.
But, generally, the law is made
by one man or one class of men. And since law cannot operate without the
sanction and support of a dominating force, this force must be entrusted to
those who make the laws.
This fact, combined with the
fatal tendency that exists in the heart of man to satisfy his wants with the
least possible effort, explains the almost universal perversion of the law. Thus
it is easy to understand how law, instead of checking injustice, becomes the
invincible weapon of injustice. It is easy to understand why the law is used by
the legislator to destroy in varying degrees among the rest of the people, their
personal independence by slavery, their liberty by oppression, and their
property by plunder. This is done for the benefit of the person who makes the
law, and in proportion to the power that he holds.
Men naturally rebel against the
injustice of which they are victims. Thus, when plunder is organized by law for
the profit of those who make the law, all the plundered classes try somehow to
enter -- by peaceful or revolutionary means -- into the making of laws.
According to their degree of enlightenment, these plundered classes may propose
one of two entirely different purposes when they attempt to attain political
power: Either they may wish to stop lawful plunder, or they may wish to share in
Woe to the nation when this
latter purpose prevails among the mass victims of lawful plunder when they, in
turn, seize the power to make laws!
Until that happens, the few
practice lawful plunder upon the many, a common practice where the right to
participate in the making of law is limited to a few persons. But then,
participation in the making of law becomes universal. And then, men seek to
balance their conflicting interests by universal plunder. Instead of rooting out
the injustices found in society, they make these injustices general. As soon as
the plundered classes gain political power, they establish a system of reprisals
against other classes. They do not abolish legal plunder. (This objective would
demand more enlightenment than they possess.) Instead, they emulate their evil
predecessors by participating in this legal plunder, even though it is against
their own interests.
It is as if it were necessary,
before a reign of justice appears, for everyone to suffer a cruel retribution --
some for their evilness, and some for their lack of understanding.
The Results of
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.
What are the consequences of such
a perversion? 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 conscience the distinction between justice and injustice.
No society can exist unless the
laws are respected to a certain degree. The safest way to make laws respected is
to make them respectable. When law and morality contradict each other, the
citizen has the cruel alternative of either losing his moral sense or losing his
respect for the law. These two evils are of equal consequence, and it would be
difficult for a person to choose between them. The nature of 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.
Slavery, restrictions, and monopoly find defenders not only among those who
profit from them but also among those who suffer from them.
The Fate of
If you suggest a doubt as to the
morality of these institutions, it is boldly said that "You are a dangerous
innovator, a utopian, a theorist, a subversive; you would shatter the foundation
upon which society rests."
If you lecture upon morality or
upon political science, there will be found official organizations petitioning
the government in this vein of thought: "That science no longer be taught
exclusively from the point of view of free trade (of liberty, of property, and
of justice) as has been the case until now, but also, in the future, science is
to be especially taught from the viewpoint of the facts and laws that regulate
French industry (facts and laws which are contrary to liberty, to property, and
to justice). That, in government-endowed teaching positions, the professor
rigorously refrain from endangering in the slightest degree the respect due to
the laws now in force."*
*General Council of
Manufacturers, Agriculture, and Commerce, May 6, 1850.
Thus, if there exists a law which
sanctions slavery or monopoly, oppression or robbery, in any form whatever, it
must not even be mentioned. For how can it be mentioned without damaging the
respect which it inspires? Still further, morality and political economy must be
taught from the point of view of this law; from the supposition that it must be
a just law merely because it is a law.
Another effect of this tragic
perversion of the law is that it gives an exaggerated importance to political
passions and conflicts, and to politics in general.
I could prove this assertion in a
thousand ways. But, by way of illustration, I shall limit myself to a subject
that has lately occupied the minds of everyone: universal suffrage.
Who Shall Judge?
The followers of Rousseau's
school of thought -- who consider themselves far advanced, but whom I consider
twenty centuries behind the times -- will not agree with me on this. But
universal suffrage -- using the word in its strictest sense -- is not one of
those sacred dogmas which it is a crime to examine or doubt. In fact, serious
objections may be made to universal suffrage.
In the first place, the word
universal conceals a gross fallacy. For example, there are 36 million people in
France. Thus, to make the right of suffrage universal, there should be 36
million voters. But the most extended system permits only 9 million people to
vote. Three persons out of four are excluded. And more than this, they are
excluded by the fourth. This fourth person advances the principle of incapacity
as his reason for excluding the others.
Universal suffrage means, then,
universal suffrage for those who are capable. But there remains this question of
fact: Who is capable? Are minors, females, insane persons, and persons who have
committed certain major crimes the only ones to be determined incapable?
The Reason Why
Voting Is Restricted
A closer examination of the
subject shows us the motive which causes the right of suffrage to be based upon
the supposition of incapacity. The motive is that the elector or voter does not
exercise this right for himself alone, but for everybody.
The most extended elective system
and the most restricted elective system are alike in this respect. They differ
only in respect to what constitutes incapacity. It is not a difference of
principle, but merely a difference of degree.
If, as the republicans of our
present-day Greek and Roman schools of thought pretend, the right of suffrage
arrives with one's birth, it would be an injustice for adults to prevent women
and children from voting. Why are they prevented? Because they are presumed to
be incapable. And why is incapacity a motive for exclusion? Because it is not
the voter alone who suffers the consequences of his vote; because each vote
touches and affects everyone in the entire community; because the people in the
community have a right to demand some safeguards concerning the acts upon which
their welfare and existence depend.
The Answer Is to
Restrict the Law
I know what might be said in
answer to this; what the objections might be. But this is not the place to
exhaust a controversy of this nature. I wish merely to observe here that this
controversy over universal suffrage (as well as most other political questions)
which agitates, excites, and overthrows nations, would lose nearly all of its
importance if the law had always been what it ought to be.
In fact, if law were restricted
to protecting all persons, all liberties, and all properties; if law were
nothing more than the organized combination of the individual's right to self
defense; if law were the obstacle, the check, the punisher of all oppression and
plunder -- is it likely that we citizens would then argue much about the extent
of the franchise?
Under these circumstances, is it
likely that the extent of the right to vote would endanger that supreme good,
the public peace? Is it likely that the excluded classes would refuse to
peaceably await the coming of their right to vote? Is it likely that those who
had the right to vote would jealously defend their privilege?
If the law were confined to its
proper functions, everyone's interest in the law would be the same. Is it not
clear that, under these circumstances, those who voted could not inconvenience
those who did not vote?
The Fatal Idea
of Legal Plunder
But on the other hand, imagine
that this fatal principle has been introduced: Under the pretense of
organization, regulation, protection, or encouragement, the law takes property
from one person and gives it to another; the law takes the wealth of all and
gives it to a few -- whether farmers, manufacturers, ship owners, artists, or
comedians. Under these circumstances, then certainly every class will aspire to
grasp the law, and logically so.
The excluded classes will
furiously demand their right to vote -- and will overthrow society rather than
not to obtain it. Even beggars and vagabonds will then prove to you that they
also have an incontestable title to vote. They will say to you:
"We cannot buy wine, tobacco, or
salt without paying the tax. And a part of the tax that we pay is given by law
-- in privileges and subsidies -- to men who are richer than we are. Others use
the law to raise the prices of bread, meat, iron, or cloth. Thus, since everyone
else uses the law for his own profit, we also would like to use the law for our
own profit. We demand from the law the right to relief, which is the poor man's
plunder. To obtain this right, we also should be voters and legislators in order
that we may organize Beggary on a grand scale for our own class, as you have
organized Protection on a grand scale for your class. Now don't tell us beggars
that you will act for us, and then toss us, as Mr. Mimerel proposes, 600,000
francs to keep us quiet, like throwing us a bone to gnaw. We have other claims.
And anyway, we wish to bargain for ourselves as other classes have bargained for
And what can you say to answer
As long as it is admitted that
the law may be diverted from its true purpose -- that it may violate property
instead of protecting it -- then everyone will want to participate in making the
law, either to protect himself against plunder or to use it for plunder.
Political questions will always be prejudicial, dominant, and all-absorbing.
There will be fighting at the door of the Legislative Palace, and the struggle
within will be no less furious. To know this, it is hardly necessary to examine
what transpires in the French and English legislatures; merely to understand the
issue is to know the answer.
Is there any need to offer proof
that this odious perversion of the law is a perpetual source of hatred and
discord; that it tends to destroy society itself? If such proof is needed, look
at the United States [in 1850]. There is no country in the world where the law
is kept more within its proper domain: the protection of every person's liberty
and property. As a consequence of this, there appears to be no country in the
world where the social order rests on a firmer foundation. But even in the
United States, there are two issues -- and only two -- that have always
endangered the public peace.
Tariffs Are Plunder
What are these two issues? They
are slavery and tariffs. These are the only two issues where, contrary to the
general spirit of the republic of the United States, law has assumed the
character of plunder.
Slavery is a violation, by law,
of liberty. The protective tariff is a violation, by law, of property.
Its is a most remarkable fact
that this double legal crime - a sorrowful inheritance of the Old World - should
be the only issue which can, and perhaps will, lead to the ruin of the Union. It
is indeed impossible to imagine, at the very heart of a society, a more
astounding fact than this: The law has come to be an instrument of injustice.
And if this fact brings terrible consequences to the United States - where only
in the instance of slavery and tariffs - what must be the consequences in
Europe, where the perversion of law is a principle; a system?
Two Kinds of
Mr. de Montalembert [politician
and writer] adopting the thought contained in a famous proclamation by Mr.
Carlier, has said: "We must make war against socialism." According to the
definition of socialism advanced by Mr. Charles Dupin, he meant: "We must make
war against plunder."
But of what plunder was he
speaking? For there are two kinds of plunder: legal and illegal.
I do not think that illegal
plunder, such as theft or swindling -- which the penal code defines,
anticipates, and punishes -- can be called socialism. It is not this kind of
plunder that systematically threatens the foundations of society. Anyway, the
war against this kind of plunder has not waited for the command of these
gentlemen. The war against illegal plunder has been fought since the beginning
of the world. Long before the Revolution of February 1848 -- long before the
appearance even of socialism itself -- France had provided police, judges,
gendarmes, prisons, dungeons, and scaffolds for the purpose of fighting illegal
plunder. The law itself conducts this war, and it is my wish and opinion that
the law should always maintain this attitude toward plunder.
The Law Defends
But it does not always do this.
Sometimes the law defends plunder and participates in it. Thus the beneficiaries
are spared the shame, danger, and scruple which their acts would otherwise
involve. Sometimes the law places the whole apparatus of judges, police,
prisons, and gendarmes at the service of the plunderers, and treats the victim
-- when he defends himself -- as a criminal. In short, there is a legal plunder,
and it is of this, no doubt, that Mr. de Montalembert speaks.
This legal plunder may be only an
isolated stain among the legislative measures of the people. If so, it is best
to wipe it out with a minimum of speeches and denunciations -- and in spite of
the uproar of the vested interests.
How to Identify
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 expense of another by doing what the citizen
himself cannot do without committing a crime.
Then abolish this law without
delay, for it is not only an evil itself, but also it is a fertile source for
further evils because it invites reprisals. If such a law -- which may be an
isolated case -- is not abolished immediately, it will spread, multiply, and
develop into a system.
The person who profits from this
law will complain bitterly, defending his acquired rights. He will claim that
the state is obligated to protect and encourage his particular industry; that
this procedure enriches the state because the protected industry is thus able to
spend more and to pay higher wages to the poor workingmen.
Do not listen to this sophistry
by vested interests. The acceptance of these arguments will build legal plunder
into a whole system. In fact, this has already occurred. The present-day
delusion is an attempt to enrich everyone at the expense of everyone else; to
make plunder universal under the pretense of organizing it.
Has Many Names
Now, legal plunder can be
committed in an infinite number of ways. Thus we have an infinite number of
plans for organizing it: tariffs, protection, benefits, subsidies,
encouragements, progressive taxation, public schools, guaranteed jobs,
guaranteed profits, minimum wages, a right to relief, a right to the tools of
labor, free credit, and so on, and so on. All these plans as a whole --with
their common aim of legal plunder -- constitute socialism.
Now, since under this definition
socialism is a body of doctrine, what attack can be made against it other than a
war of doctrine? If you find this socialistic doctrine to be false, absurd, and
evil, then refute it. And the more false, the more absurd, and the more evil it
is, the easier it will be to refute. Above all, if you wish to be strong, begin
by rooting out every particle of socialism that may have crept into your
legislation. This will be no light task.
Mr. de Montalembert has been
accused of desiring to fight socialism by the use of brute force. He ought to be
exonerated from this accusation, for he has plainly said: "The war that we must
fight against socialism must be in harmony with law, honor, and justice."
But why does not Mr. de
Montalembert see that he has placed himself in a vicious circle? You would use
the law to oppose socialism? But it is upon the law that socialism itself
relies. Socialists desire to practice legal plunder, not illegal plunder.
Socialists, like all other monopolists, desire to make the law their own weapon.
And when once the law is on the side of socialism, how can it be used against
socialism? For when plunder is abetted by the law, it does not fear your courts,
your gendarmes, and your prisons. Rather, it may call upon them for help.
To prevent this, you would
exclude socialism from entering into the making of laws? You would prevent
socialists from entering the Legislative Palace? You shall not succeed, I
predict, so long as legal plunder continues to be the main business of the
legislature. It is illogical -- in fact, absurd -- to assume otherwise.
This question of legal plunder
must be settled once and for all, and there are only three ways to settle it:
1. The few plunder the many.
2. Everybody plunders everybody.
3. Nobody plunders anybody.
We must make our choice among
limited plunder, universal plunder, and no plunder. The law can follow only one
of these three.
Limited legal plunder: This
system prevailed when the right to vote was restricted. One would turn back to
this system to prevent the invasion of socialism.
Universal legal plunder: We have
been threatened with this system since the franchise was made universal. The
newly enfranchised majority has decided to formulate law on the same principle
of legal plunder that was used by their predecessors when the vote was limited.
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).*
*Translator's note: At the
time this was written, Mr. Bastiat knew that he was dying of tuberculosis.
Within a year, he was dead.
Function of the Law
And, in all sincerity, can
anything more than the absence of plunder be required of the law? Can the law --
which necessarily requires the use of force -- rationally be used for anything
except protecting the rights of everyone? I defy anyone to extend it beyond this
purpose without perverting it and, consequently, turning might against right.
This is the most fatal and most illogical social perversion that can possibly be
imagined. It must be admitted that the true solution -- so long searched for in
the area of social relationships -- is contained in these simple words: Law is
Now this must be said: When
justice is organized by law -- that is, by force -- this excludes the idea of
using law (force) to organize any human activity whatever, whether it be labor,
charity, agriculture, commerce, industry, education, art, or religion. The
organizing by law of any one of these would inevitably destroy the essential
organization -- justice. For truly, how can we imagine force being used against
the liberty of citizens without it also being used against justice, and thus
acting against its proper purpose?
Lure of Socialism
Here I encounter the most popular
fallacy of our times. It is not considered sufficient that the law should be
just; it must be philanthropic. Nor is it sufficient that the law should
guarantee to every citizen the free and inoffensive use of his faculties for
physical, intellectual, and moral self-improvement. Instead, it is demanded that
the law should directly extend welfare, education, and morality throughout the
This is the seductive lure of
socialism. And I repeat again: These two uses of the law are in direct
contradiction to each other. We must choose between them. A citizen cannot at
the same time be free and not free.
Fraternity Destroys Liberty
Mr. de Lamartine once wrote to me
thusly: "Your doctrine is only the half of my program. You have stopped at
liberty; I go on to fraternity." I answered him: "The second half of your
program will destroy the first."
In fact, it is impossible for me
to separate the word fraternity from the word voluntary. I cannot possibly
understand how fraternity can be legally enforced without liberty being legally
destroyed, and thus justice being legally trampled underfoot.
Legal plunder has two roots: One
of them, as I have said before, is in human greed; the other is in false
At this point, I think that I
should explain exactly what I mean by the word plunder.*
*Translator's note: The
French word used by Mr. Bastiat is spoliation.
I do not, as is often done, use
the word in any vague, uncertain, approximate, or metaphorical sense. I use it
in its scientific acceptance -- as expressing the idea opposite to that of
property [wages, land, money, or whatever]. When a portion of wealth is
transferred from the person who owns it -- without his consent and without
compensation, and whether by force or by fraud -- to anyone who does not own it,
then I say that property is violated; that an act of plunder is committed.
I say that this act is exactly
what the law is supposed to suppress, always and everywhere. When the law itself
commits this act that it is supposed to suppress, I say that plunder is still
committed, and I add that from the point of view of society and welfare, this
aggression against rights is even worse. In this case of legal plunder, however,
the person who receives the benefits is not responsible for the act of
plundering. The responsibility for this legal plunder rests with the law, the
legislator, and society itself. Therein lies the political danger.
It is to be regretted that the
word plunder is offensive. I have tried in vain to find an inoffensive word, for
I would not at any time -- especially now -- wish to add an irritating word to
our dissentions. Thus, whether I am believed or not, I declare that I do not
mean to attack the intentions or the morality of anyone. Rather, I am attacking
an idea which I believe to be false; a system which appears to me to be unjust;
an injustice so independent of personal intentions that each of us profits from
it without wishing to do so, and suffers from it without knowing the cause of
Three Systems of
The sincerity of those who
advocate protectionism, socialism, and communism is not here questioned. Any
writer who would do that must be influenced by a political spirit or a political
fear. It is to be pointed out, however, that protectionism, socialism, and
communism are basically the same plant in three different stages of its growth.
All that can be said is that legal plunder is more visible in communism because
it is complete plunder; and in protectionism because the plunder is limited to
specific groups and industries.* Thus it follows that, of the three systems,
socialism is the vaguest, the most indecisive, and, consequently, the most
sincere stage of development.
*If the special privilege
of government protection against competition -- a monopoly -- were granted only
to one group in France, the iron workers, for instance, this act would so
obviously be legal plunder that it could not last for long. It is for this
reason that we see all the protected trades combined into a common cause. They
even organize themselves in such a manner as to appear to represent all persons
who labor. Instinctively, they feel that legal plunder is concealed by
But sincere or insincere, the
intentions of persons are not here under question. In fact, I have already said
that legal plunder is based partially on philanthropy, even though it is a false
With this explanation, let us
examine the value -- the origin and the tendency -- of this popular aspiration
which claims to accomplish the general welfare by general plunder.
Law Is Force
Since the law organizes justice,
the socialists ask why the law should not also organize labor, education, and
Why should not law be used for
these purposes? Because it could not organize labor, education, and religion
without destroying justice. We must remember that law is force, and that,
consequently, the proper functions of the law cannot lawfully extend beyond the
proper functions of force.
When law and force keep a person
within the bounds of justice, they impose nothing but a mere negation. They
oblige him only to abstain from harming others. They violate neither his
personality, his liberty, nor his property. They safeguard all of these. They
are defensive; they defend equally the rights of all.
Law Is a
The harmlessness of the mission
performed by law and lawful defense is self-evident; the usefulness is obvious;
and the legitimacy cannot be disputed.
As a friend of mine once
remarked, this negative concept of law is so true that the statement, the
purpose of the law is to cause justice to reign, is not a rigorously accurate
statement. It ought to be stated that the purpose of the law is to prevent
injustice from reigning. In fact, it is injustice, instead of justice, that has
an existence of its own. Justice is achieved only when injustice is absent.
But when the law, by means of its
necessary agent, force, imposes upon men a regulation of labor, a method or a
subject of education, a religious faith or creed -- then the law is no longer
negative; it acts positively upon people. It substitutes the will of the
legislator for their own wills; the initiative of the legislator for their own
initiatives. When this happens, the people no longer need to discuss, to
compare, to plan ahead; the law does all this for them. Intelligence becomes a
useless prop for the people; they cease to be men; they lose their personality,
their liberty, their property.
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 conclude that the law cannot organize labor
and industry without organizing injustice.
When a politician views society
from the seclusion of his office, he is struck by the spectacle of the
inequality that he sees. He deplores the deprivations which are the lot of so
many of our brothers, deprivations which appear to be even sadder when
contrasted with luxury and wealth.
Perhaps the politician should ask
himself whether this state of affairs has not been caused by old conquests and
lootings, and by more recent legal plunder. Perhaps he should consider this
proposition: Since all persons seek well-being and perfection, would not a
condition of justice be sufficient to cause the greatest efforts toward
progress, and the greatest possible equality that is compatible with individual
responsibility? Would not this be in accord with the concept of individual
responsibility which God has willed in order that mankind may have the choice
between vice and virtue, and the resulting punishment and reward?
But the politician never gives
this a thought. His mind turns to organizations, combinations, and arrangements
-- legal or apparently legal. He attempts to remedy the evil by increasing and
perpetuating the very thing that caused the evil in the first place: legal
plunder. We have seen that justice is a negative concept. Is there even one of
these positive legal actions that does not contain the principle of plunder?
The Law and
You say: "There are persons who
have no money," and you turn to the law. But the law is not a breast that fills
itself with milk. Nor are the lacteal veins of the law supplied with milk from a
source outside the society. Nothing can enter the public treasury for the
benefit of one citizen or one class unless other citizens and other classes have
been forced to send it in. If every person draws from the treasury the amount
that he has put in it, it is true that the law then plunders nobody. But this
procedure does nothing for the persons who have no money. It does not promote
equality of income. The law can be an instrument of equalization only as it
takes from some persons and gives to other persons. When the law does this, it
is an instrument of plunder.
With this in mind, examine the
protective tariffs, subsidies, guaranteed profits, guaranteed jobs, relief and
welfare schemes, public education, progressive taxation, free credit, and public
works. You will find that they are always based on legal plunder, organized
The Law and
You say: "There are persons who
lack education," and you turn to the law. But the law is not, in itself, a torch
of learning which shines its light abroad. The law extends over a society where
some persons have knowledge and others do not; where some citizens need to
learn, and others can teach. In this matter of education, the law has only two
alternatives: It can permit this transaction of teaching - and - learning to
operate freely and without the use of force, or it can force human wills in this
matter by taking from some of them enough to pay the teachers who are appointed
by government to instruct others, without charge. But in this second case, the
law commits legal plunder by violating liberty and property.
The Law and
You say: "Here are persons who
are lacking in morality or religion," and you turn to the law. But law is force.
And need I point out what a violent and futile effort it is to use force in the
matters of morality and religion?
It would seem that socialists,
however self-complacent, could not avoid seeing this monstrous legal plunder
that results from such systems and such efforts. But what do the socialists do?
They cleverly disguise this legal plunder from others -- and even from
themselves -- under the seductive names of fraternity, unity, organization, and
association. Because we ask so little from the law -- only justice -- the
socialists thereby assume that we reject fraternity, unity, organization, and
association. The socialists brand us with the name individualist.
But we assure the socialists that
we repudiate only forced organization, not natural organization. We repudiate
the forms of association that are forced upon us, not free association. We
repudiate forced fraternity, not true fraternity. We repudiate the artificial
unity that does nothing more than deprive persons of individual responsibility.
We do not repudiate the natural unity of mankind under Providence.
A Confusion of
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 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.
The Influence of
How did politicians ever come to
believe this weird idea that the law could be made to produce what it does not
contain -- the wealth, science, and religion that, in a positive sense,
constitute prosperity? Is it due to the influence of our modern writers on
Present-day writers -- especially
those of the socialist school of thought -- base their various theories upon one
common hypothesis: They divide mankind into two parts. People in general -- with
the exception of the writer himself -- from the first group. The writer, all
alone, forms the second and most important group. Surely this is the weirdest
and most conceited notion that ever entered a human brain!
In fact, these writers on public
affairs begin by supposing that people have within themselves no means of
discernment; no motivation to action. The writers assume that people are inert
matter, passive particles, motionless atoms, at best a kind of vegetation
indifferent to its own manner of existence. They assume that people are
susceptible to being shaped -- by the will and hand of another person -- into an
infinite variety of forms, more or less symmetrical, artistic, and perfected.
Moreover, not one of these
writers on governmental affairs hesitates to imagine that he himself -- under
the title of organizer, discoverer, legislator, or founder -- is this will and
hand, this universal motivating force, this creative power whose sublime mission
is to mold these scattered materials -- persons -- into a society.
These socialist writers look upon
people in the same manner that the gardener views his trees. Just as the
gardener capriciously shapes the trees into pyramids, parasols, cubes, vases,
fans, and other forms, just so does the socialist writer whimsically shape human
beings into groups, series, centers, sub-centers, honeycombs, labor corps, and
other variations. And just as the gardener needs axes, pruning hooks, saws, and
shears to shape his trees, just so does the socialist writer need the force that
he can find only in law to shape human beings. For this purpose, he devises
tariff laws, tax laws, relief laws, and school laws.
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 demand that the Constituent Assembly give him
a small district with all its inhabitants, to try his experiments upon.
In the same manner, an inventor
makes a model before he constructs the full-sized machine; the chemist wastes
some chemicals -- the farmer wastes some seeds and land -- to try out an idea.
But what a difference there is
between the gardener and his trees, between the inventor and his machine,
between the chemist and his elements, between the farmer and his seeds! And in
all sincerity, the socialist thinks that there is the same difference between
him and mankind!
It is no wonder that the writers
of the nineteenth century look upon society as an artificial creation of the
legislator's genius. This idea -- the fruit of classical education -- has taken
possession of all the intellectuals and famous writers of our country. To these
intellectuals and writers, the relationship between persons and the legislator
appears to be the same as the relationship between the clay and the potter.
Moreover, even where they have
consented to recognize a principle of action in the heart of man -- and a
principle of discernment in man's intellect -- they have considered these gifts
from God to be fatal gifts. They have thought that persons, under the impulse of
these two gifts, would fatally tend to ruin themselves. They assume that if the
legislators left persons free to follow their own inclinations, they would
arrive at atheism instead of religion, ignorance instead of knowledge, poverty
instead of production and exchange.
According to these writers, it is
indeed fortunate that Heaven has bestowed upon certain men -- governors and
legislators -- the exact opposite inclinations, not only for their own sake but
also for the sake of the rest of the world! While mankind tends toward evil, the
legislators yearn for good; while mankind advances toward darkness, the
legislators aspire for enlightenment; while mankind is drawn toward vice, the
legislators are attracted toward virtue. Since they have decided that this is
the true state of affairs, they then demand the use of force in order to
substitute their own inclinations for those of the human race.
Open at random any book on
philosophy, politics, or history, and you will probably see how deeply rooted in
our country is this idea -- the child of classical studies, the mother of
socialism. In all of them, you will probably find this idea that mankind is
merely inert matter, receiving life, organization, morality, and prosperity from
the power of the state. And even worse, it will be stated that mankind tends
toward degeneration, and is stopped from this downward course only by the
mysterious hand of the legislator. Conventional classical thought everywhere
says that behind passive society there is a concealed power called law or
legislator (or called by some other terminology that designates some unnamed
person or persons of undisputed influence and authority) which moves, controls,
benefits, and improves mankind.
A Defense of
Let us first consider a quotation
from Bossuet [tutor to the Dauphin in the Court of Louis XIV]:*
"One of the things most
strongly impressed (by whom?) upon the minds of the Egyptians was patriotism....
No one was permitted to be useless to the state. The law assigned to each one
his work, which was handed down from father to son. No one was permitted to have
two professions. Nor could a person change from one job to another.... But there
was one task to which all were forced to conform: the study of the laws and of
wisdom. Ignorance of religion and of the political regulations of the country
was not excused under any circumstances. Moreover, each occupation was assigned
(by whom?) to a certain district.... Among the good laws, one of the best was
that everyone was trained (by whom?) to obey them. As a result of this, Egypt
was filled with wonderful inventions, and nothing was neglected that could make
life easy and quiet"
*Translator's note: The
parenthetical expressions and the italicized words throughout this book were
supplied by Mr. Bastiat. All subheads and bracketed material were supplied by
Thus, according to Bossuet,
persons derive nothing from themselves. Patriotism, prosperity, inventions,
husbandry, science -- all of these are given to the people by the operation of
the laws, the rulers. All that the people have to do is to bow to leadership.
A Defense of
Bossuet carries this idea of the
state as the source of all progress even so far as to defend the Egyptians
against the charge that they rejected wrestling and music. He said:
"How is that
possible? These arts were invented by
Trismegistus [who was alleged to
have been Chancellor to the Egyptian god Osiris]".
And again among the Persians,
Bossuet claims that all comes from above:
"One of the first
responsibilities of the prince was to encourage agriculture.... Just as there
were offices established for the regulation of armies, just so were there
offices for the direction of farm work.... The Persian people were inspired with
an overwhelming respect for royal authority."
And according to Bossuet, the
Greek people, although exceedingly intelligent, had no sense of personal
responsibility; like dogs and horses, they themselves could not have invented
the most simple games:
"The Greeks, naturally
intelligent and courageous, had been early cultivated by the kings and settlers
who had come from Egypt. From these Egyptian rulers, the Greek people had
learned bodily exercises, foot races, and horse and chariot races.... But the
best thing that the Egyptians had taught the Greeks was to become docile, and to
permit themselves to be formed by the law for the public good."
The Idea of
It cannot be disputed that these
classical theories [advanced by these latter-day teachers, writers, legislators,
economists, and philosophers] held that everything came to the people from a
source outside themselves. As another example, take Fenelon [archbishop, author,
and instructor to the Duke of Burgundy].
He was a witness to the power of
Louis XIV. This, plus the fact that he was nurtured in the classical studies and
the admiration of antiquity, naturally caused Fenelon to accept the idea that
mankind should be passive; that the misfortunes and the prosperity -- vices and
virtues -- of people are caused by the external influence exercised upon them by
the law and the legislators. Thus, in his Utopia of Salentum, he puts men --
with all their interests, faculties, desires, and possessions -- under the
absolute discretion of the legislator. Whatever the issue may be, persons do not
decide it for themselves; the prince decides for them. The prince is depicted as
the soul of this shapeless mass of people who form the nation. In the prince
resides the thought, the foresight, all progress, and the principle of all
organization. Thus all responsibility rests with him.
The whole of the tenth book of
Fenelon's Telemachus proves this. I refer the reader to it, and content myself
with quoting at random from this celebrated work to which, in every other
respect, I am the first to pay homage.
Ignore Reason and Facts
With the amazing credulity which
is typical of the classicists, Fenelon ignores the authority of reason and facts
when he attributes the general happiness of the Egyptians, not to their own
wisdom but to the wisdom of their kings:
"We could not turn our eyes
to either shore without seeing rich towns and country estates most agreeably
located; fields, never fallowed, covered with golden crops every year; meadows
full of flocks; workers bending under the weight of the fruit which the earth
lavished upon its cultivators; shepherds who made the echoes resound with the
soft notes from their pipes and flutes. "Happy," said Mentor, "is the people
governed by a wise king.". . ."
Later, Mentor desired that I
observe the contentment and abundance which covered all Egypt, where twenty-two
thousand cities could be counted. He admired the good police regulations in the
cities; the justice rendered in favor of the poor against the rich; the sound
education of the children in obedience, labor, sobriety, and the love of the
arts and letters; the exactness with which all religious ceremonies were
performed; the unselfishness, the high regard for honor, the faithfulness to
men, and the fear of the gods which every father taught his children. He never
stopped admiring the prosperity of the country. "Happy," said he, "is the people
ruled by a wise king in such a manner."
to Regiment People
Fenelon's idyll on Crete is even
more alluring. Mentor is made to say:
"All that you see in this
wonderful island results from the laws of Minos. The education which he ordained
for the children makes their bodies strong and robust. From the very beginning,
one accustoms the children to a life of frugality and labor, because one assumes
that all pleasures of the senses weaken both body and mind. Thus one allows them
no pleasure except that of becoming invincible by virtue, and of acquiring
glory.... Here one punishes three vices that go unpunished among other people:
ingratitude, hypocrisy, and greed. There is no need to punish persons for pomp
and dissipation, for they are unknown in Crete.... No costly furniture, no
magnificent clothing, no delicious feasts, no gilded palaces are permitted."
Thus does Mentor prepare his
student to mold and to manipulate -- doubtless with the best of intentions --
the people of Ithaca. And to convince the student of the wisdom of these ideas,
Mentor recites to him the example of Salentum.
It is from this sort of
philosophy that we receive our first political ideas! We are taught to treat
persons much as an instructor in agriculture teaches farmers to prepare and tend
A Famous Name
and an Evil Idea
Now listen to the great
Montesquieu on this same subject:
"To maintain the spirit of
commerce, it is necessary that all the laws must favor it. These laws, by
proportionately dividing up the fortunes as they are made in commerce, should
provide every poor citizen with sufficiently easy circumstances to enable him to
work like the others. These same laws should put every rich citizen in such
lowered circumstances as to force him to work in order to keep or to gain."
Thus the laws are to dispose of
Although real equality is the
soul of the state in a democracy, yet this is so difficult to establish that an
extreme precision in this matter would not always be desirable. It is sufficient
that there be established a census to reduce or fix these differences in wealth
within a certain limit. After this is done, it remains for specific laws to
equalize inequality by imposing burdens upon the rich and granting relief to the
Here again we find the idea of
equalizing fortunes by law, by force.
In Greece, there were two kinds
of republics, One, Sparta, was military; the other, Athens, was commercial. In
the former, it was desired that the citizens be idle; in the latter, love of
labor was encouraged.
Note the marvelous genius of
these legislators: By debasing all established customs -- by mixing the usual
concepts of all virtues -- they knew in advance that the world would admire
Lycurgus gave stability to his
city of Sparta by combining petty thievery with the soul of justice; by
combining the most complete bondage with the most extreme liberty; by combining
the most atrocious beliefs with the greatest moderation. He appeared to deprive
his city of all its resources, arts, commerce, money, and defenses. In Sparta,
ambition went without the hope of material reward. Natural affection found no
outlet because a man was neither son, husband, nor father. Even chastity was no
longer considered becoming. By this road, Lycurgus led Sparta on to greatness
This boldness which was to be
found in the institutions of Greece has been repeated in the midst of the
degeneracy and corruption of our modern times. An occasional honest legislator
has molded a people in whom integrity appears as natural as courage in the
Mr. William Penn, for example, is
a true Lycurgus. Even though Mr. Penn had peace as his objective -- while
Lycurgus had war as his objective -- they resemble each other in that their
moral prestige over free men allowed them to overcome prejudices, to subdue
passions, and to lead their respective peoples into new paths.
The country of Paraguay furnishes
us with another example [of a people who, for their own good, are molded by
*Translator's note: What
was then known as Paraguay was a much larger area than it is today. It was
colonized by the Jesuits who settled the Indians into villages, and generally
saved them from further brutalities by the avid conquerors.
Now it is true that if one
considers the sheer pleasure of commanding to be the greatest joy in life, he
contemplates a crime against society; it will, however, always be a noble ideal
to govern men in a manner that will make them happier.
Those who desire to establish
similar institutions must do as follows: Establish common ownership of property
as in the republic of Plato; revere the gods as Plato commanded; prevent
foreigners from mingling with the people, in order to preserve the customs; let
the state, instead of the citizens, establish commerce. The legislators should
supply arts instead of luxuries; they should satisfy needs instead of desires.
A Frightful Idea
Those who are subject to vulgar
infatuation may exclaim: "Montesquieu has said this! So it's magnificent! It's
sublime!" As for me, I have the courage of my own opinion. I say: What! You have
the nerve to call that fine? It is frightful! It is abominable! These random
selections from the writings of Montesquieu show that he considers persons,
liberties, property -- mankind itself -- to be nothing but materials for
legislators to exercise their wisdom upon.
The Leader of
Now let us examine Rousseau on
this subject. This writer on public affairs is the supreme authority of the
democrats. And although he bases the social structure upon the will of the
people, he has, to a greater extent than anyone else, completely accepted the
theory of the total inertness of mankind in the presence of the legislators:
"If it is true that a great
prince is rare, then is it not true that a great legislator is even more rare?
The prince has only to follow the pattern that the legislator creates. The
legislator is the mechanic who invents the machine; the prince is merely the
workman who sets it in motion.
And what part do persons
play in all this? They are merely the machine that is set in motion. In fact,
are they not merely considered to be the raw material of which the machine is
Thus the same relationship exists
between the legislator and the prince as exists between the agricultural expert
and the farmer; and the relationship between the prince and his subjects is the
same as that between the farmer and his land. How high above mankind, then, has
this writer on public affairs been placed? Rousseau rules over legislators
themselves, and teaches them their trade in these imperious terms:
"Would you give stability
to the state? Then bring the extremes as closely together as possible. Tolerate
neither wealthy persons nor beggars.
If the soil is poor or
barren, or the country too small for its inhabitants, then turn to industry and
arts, and trade these products for the foods that you need.... On a fertile soil
-- if you are short of inhabitants -- devote all your attention to agriculture,
because this multiplies people; banish the arts, because they only serve to
depopulate the nation....
If you have extensive and
accessible coast lines, then cover the sea with merchant ships; you will have a
brilliant but short existence. If your seas wash only inaccessible cliffs, let
the people be barbarous and eat fish; they will live more quietly -- perhaps
better -- and, most certainly, they will live more happily.
In short, and in addition
to the maxims that are common to all, every people has its own particular
circumstances. And this fact in itself will cause legislation appropriate to the
This is the reason why the
Hebrews formerly -- and, more recently, the Arabs -- had religion as their
principle objective. The objective of the Athenians was literature; of Carthage
and Tyre, commerce; of Rhodes, naval affairs; of Sparta, war; and of Rome,
virtue. The author of The Spirit of Laws has shown by what art the legislator
should direct his institutions toward each of these objectives.... But suppose
that the legislator mistakes his proper objective, and acts on a principle
different from that indicated by the nature of things? Suppose that the selected
principle sometimes creates slavery, and sometimes liberty; sometimes wealth,
and sometimes population; sometimes peace, and sometimes conquest? This
confusion of objective will slowly enfeeble the law and impair the constitution.
The state will be subjected to ceaseless agitations until it is destroyed or
changed, and invincible nature regains her empire.
But if nature is sufficiently
invincible to regain its empire, why does not Rousseau admit that it did not
need the legislator to gain it in the first place? Why does he not see that men,
by obeying their own instincts, would turn to farming on fertile soil, and to
commerce on an extensive and easily accessible coast, without the interference
of a Lycurgus or a Solon or a Rousseau who might easily be mistaken.
Want Forced Conformity
Be that as it may, Rousseau
invests the creators, organizers, directors, legislators, and controllers of
society with a terrible responsibility. He is, therefore, most exacting with
"He who would dare to
undertake the political creation of a people ought to believe that he can, in a
manner of speaking, transform human nature; transform each individual -- who, by
himself, is a solitary and perfect whole -- into a mere part of a greater whole
from which the individual will henceforth receive his life and being. Thus the
person who would undertake the political creation of a people should believe in
his ability to alter man's constitution; to strengthen it; to substitute for the
physical and independent existence received from nature, an existence which is
partial and moral.* In short, the would- be creator of political man must remove
man's own forces and endow him with others that are naturally alien to him."
Poor human nature! What would
become of a person's dignity if it were entrusted to the followers of Rousseau?
According to Rousseau, the existence of social man is partial in the sense that
he is henceforth merely a part of society. Knowing himself as such -- and
thinking and feeling from the point of view of the whole - he thereby becomes
Desire to Mold Mankind
Now let us examine Raynal on this
subject of mankind being molded by the legislator:
"The legislator must first
consider the climate, the air, and the soil. The resources at his disposal
determine his duties. He must first consider his locality. A population living
on maritime shores must have laws designed for navigation.... If it is an inland
settlement, the legislator must make his plans according to the nature and
fertility of the soil....
It is especially in the
distribution of property that the genius of the legislator will be found. As a
general rule, when a new colony is established in any country, sufficient land
should be given to each man to support his family....
On an uncultivated island
that you are populating with children, you need do nothing but let the seeds of
truth germinate along with the development of reason.... But when you resettle a
nation with a past into a new country, the skill of the legislator rests in the
policy of permitting the people to retain no injurious opinions and customs
which can possibly be cured and corrected. If you desire to prevent these
opinions and customs from becoming permanent, you will secure the second
generation by a general system of public education for the children. A prince or
a legislator should never establish a colony without first arranging to send
wise men along to instruct the youth...."
In a new colony, ample
opportunity is open to the careful legislator who desires to purify the customs
and manners of the people. If he has virtue and genius, the land and the people
at his disposal will inspire his soul with a plan for society. A writer can only
vaguely trace the plan in advance because it is necessarily subject to the
instability of all hypotheses; the problem has many forms, complications, and
circumstances that are difficult to foresee and settle in detail.
How to Manage Men
Raynal's instructions to the
legislators on how to manage people may be compared to a professor of
agriculture lecturing his students: "The climate is the first rule for the
farmer. His resources determine his procedure. He must first consider his
locality. If his soil is clay, he must do so and so. If his soil is sand, he
must act in another manner. Every facility is open to the farmer who wishes to
clear and improve his soil. If he is skillful enough, the manure at his disposal
will suggest to him a plan of operation. A professor can only vaguely trace this
plan in advance because it is necessarily subject to the instability of all
hypotheses; the problem has many forms, complications, and circumstances that
are difficult to foresee and settle in detail."
Oh, sublime writers! Please
remember sometimes that this clay, this sand, and this manure which you so
arbitrarily dispose of, are men! They are your equals! They are intelligent and
free human beings like yourselves! As you have, they too have received from God
the faculty to observe, to plan ahead, to think, and to judge for themselves!
Here is Mably on this subject of
the law and the legislator. In the passages preceding the one here quoted, Mably
has supposed the laws, due to a neglect of security, to be worn out. He
continues to address the reader thusly:
"Under these circumstances,
it is obvious that the springs of government are slack. Give them a new tension,
and the evil will be cured.... Think less of punishing faults, and more of
rewarding that which you need. In this manner you will restore to your republic
the vigor of youth. Because free people have been ignorant of this procedure,
they have lost their liberty! But if the evil has made such headway that
ordinary governmental procedures are unable to cure it, then resort to an
extraordinary tribunal with considerable powers for a short time. The
imagination of the citizens needs to be struck a hard blow."
In this manner, Mably continues
through twenty volumes.
Under the influence of teaching
like this -- which stems from classical education -- there came a time when
everyone wished to place himself above mankind in order to arrange, organize,
and regulate it in his own way.
Equality of Wealth
Next let us examine Condillac on
this subject of the legislators and mankind:
"My Lord, assume the
character of Lycurgus or of Solon. And before you finish reading this essay,
amuse yourself by giving laws to some savages in America or Africa. Confine
these nomads to fixed dwellings; teach them to tend flocks.... Attempt to
develop the social consciousness that nature has planted in them.... Force them
to begin to practice the duties of humanity.... Use punishment to cause sensual
pleasures to become distasteful to them. Then you will see that every point of
your legislation will cause these savages to lose a vice and gain a virtue.
All people have had laws.
But few people have been happy. Why is this so? Because the legislators
themselves have almost always been ignorant of the purpose of society, which is
the uniting of families by a common interest.
Impartiality in law
consists of two things: the establishing of equality in wealth and equality in
dignity among the citizens.... As the laws establish greater equality, they
become proportionately more precious to every citizen.... When all men are equal
in wealth and dignity -- and when the laws leave no hope of disturbing this
equality -- how can men then be agitated by greed, ambition, dissipation,
idleness, sloth, envy, hatred, or jealousy?
What you have learned about
the republic of Sparta should enlighten you on this question. No other state has
ever had laws more in accord with the order of nature; of equality."
The Error of the
Actually, it is not strange that
during the seventeenth and eighteenth centuries the human race was regarded as
inert matter, ready to receive everything -- form, face, energy, movement, life
-- from a great prince or a great legislator or a great genius. These centuries
were nourished on the study of antiquity. And antiquity presents everywhere --
in Egypt, Persia, Greece, Rome -- the spectacle of a few men molding mankind
according to their whims, thanks to the prestige of force and of fraud. But this
does not prove that this situation is desirable. It proves only that since men
and society are capable of improvement, it is naturally to be expected that
error, ignorance, despotism, slavery, and superstition should be greatest
towards the origins of history. The writers quoted above were not in error when
they found ancient institutions to be such, but they were in error when they
offered them for the admiration and imitation of future generations. Uncritical
and childish conformists, they took for granted the grandeur, dignity, morality,
and happiness of the artificial societies of the ancient world. They did not
understand that knowledge appears and grows with the passage of time; and that
in proportion to this growth of knowledge, might takes the side of right, and
society regains possession of itself.
What Is Liberty?
Actually, what is the political
struggle that we witness? It is the instinctive struggle of all people toward
liberty. And what is this liberty, whose very name makes the heart beat faster
and shakes the world? Is it not the union of all liberties -- liberty of
conscience, of education, of association, of the press, of travel, of labor, of
trade? In short, is not liberty the freedom of every person to make full use of
his faculties, so long as he does not harm other persons while doing so? Is not
liberty the destruction of all despotism -- including, of course, legal
despotism? Finally, is not liberty the restricting of the law only to its
rational sphere of organizing the right of the individual to lawful self-
defense; of punishing injustice?
It must be admitted that the
tendency of the human race toward liberty is largely thwarted, especially in
France. This is greatly due to a fatal desire -- learned from the teachings of
antiquity -- that our writers on public affairs have in common: They desire to
set themselves above mankind in order to arrange, organize, and regulate it
according to their fancy.
While society is struggling
toward liberty, these famous men who put themselves at its head are filled with
the spirit of the seventeenth and eighteenth centuries. They think only of
subjecting mankind to the philanthropic tyranny of their own social inventions.
Like Rousseau, they desire to force mankind docilely to bear this yoke of the
public welfare that they have dreamed up in their own imaginations.
This was especially true in 1789.
No sooner was the old regime destroyed than society was subjected to still other
artificial arrangements, always starting from the same point: the omnipotence of
Listen to the ideas of a few of
the writers and politicians during that period:
SAINT-JUST: "The legislator
commands the future. It is for him to will the good of mankind. It is for him to
make men what he wills them to be."
ROBESPIERRE: "The function
of government is to direct the physical and moral powers of the nation toward
the end for which the commonwealth has come into being."
BILLAUD-VARENNES: "A people
who are to be returned to liberty must be formed anew. A strong force and
vigorous action are necessary to destroy old prejudices, to change old customs,
to correct depraved affections, to restrict superfluous wants, and to destroy
ingrained vices.... Citizens, the inexible austerity of Lycurgus created the
firm foundation of the Spartan republic. The weak and trusting character of
Solon plunged Athens into slavery. This parallel embraces the whole science of
LE PELLETIER: "Considering
the extent of human degradation, I am convinced that it is necessary to effect a
total regeneration and, if I may so express myself, of creating a new people."
Again, it is claimed that persons
are nothing but raw material. It is not for them to will their own improvement;
they are incapable of it. According to Saint- Just, only the legislator is
capable of doing this. Persons are merely to be what the legislator wills them
to be. According to Robespierre, who copies Rousseau literally, the legislator
begins by decreeing the end for which the commonwealth has come into being. Once
this is determined, the government has only to direct the physical and moral
forces of the nation toward that end. Meanwhile, the inhabitants of the nation
are to remain completely passive. And according to the teachings of Billaud-
Varennes, the people should have no prejudices, no affections, and no desires
except those authorized by the legislator. He even goes so far as to say that
the inflexible austerity of one man is the foundation of a republic.
In cases where the alleged evil
is so great that ordinary governmental procedures cannot cure it, Mably
recommends a dictatorship to promote virtue: "Resort," he says, "to an
extraordinary tribunal with considerable powers for a short time. The
imagination of the citizens needs to be struck a hard blow." This doctrine has
not been forgotten. Listen to Robespierre:
"The principle of the
republican government is virtue, and the means required to establish virtue is
terror. In our country we desire to substitute morality for selfishness, honesty
for honor, principles for customs, duties for manners, the empire of reason for
the tyranny of fashion, contempt of vice for contempt of poverty, pride for
insolence, greatness of soul for vanity, love of glory for love of money, good
people for good companions, merit for intrigue, genius for wit, truth for
glitter, the charm of happiness for the boredom of pleasure, the greatness of
man for the littleness of the great, a generous, strong, happy people for a
good-natured, frivolous, degraded people; in short, we desire to substitute all
the virtues and miracles of a republic for all the vices and absurdities of a
At what a tremendous height above
the rest of mankind does Robespierre here place himself! And note the arrogance
with which he speaks. He is not content to pray for a great reawakening of the
human spirit. Nor does he expect such a result from a well-ordered government.
No, he himself will remake mankind, and by means of terror.
This mass of rotten and
contradictory statements is extracted from a discourse by Robespierre in which
he aims to explain the principles of morality which ought to guide a
revolutionary government. Note that Robespierre's request for dictatorship is
not made merely for the purpose of repelling a foreign invasion or putting down
the opposing groups. Rather he wants a dictatorship in order that he may use
terror to force upon the country his own principles of morality. He says that
this act is only to be a temporary measure preceding a new constitution. But in
reality, he desires nothing short of using terror to extinguish from France
selfishness, honor, customs, manners, fashion, vanity, love of money, good
companionship, intrigue, wit, sensuousness, and poverty. Not until he,
Robespierre, shall have accomplished these miracles, as he so rightly calls
them, will he permit the law to reign again.*
*At this point in the
original French text, Mr. Bastiat pauses and speaks thusly to all do-gooders and
would-be rulers of mankind: "Ah, you miserable creatures! You who think that you
are so great! You who judge humanity to be so small! You who wish to reform
everything! Why don't you reform yourselves? That task would be sufficient
Approach to Despotism
Usually, however, these gentlemen
-- the reformers, the legislators, and the writers on public affairs -- do not
desire to impose direct despotism upon mankind. Oh no, they are too moderate and
philanthropic for such direct action. Instead, they turn to the law for this
despotism, this absolutism, this omnipotence. They desire only to make the laws.
To show the prevalence of this
queer idea in France, I would need to copy not only the entire works of Mably,
Raynal, Rousseau, and Fenelon -- plus long extracts from Bossuet and Montesquieu
-- but also the entire proceedings of the Convention. I shall do no such thing;
I merely refer the reader to them.
It is, of course, not at all
surprising that this same idea should have greatly appealed to Napoleon. He
embraced it ardently and used it with vigor. Like a chemist, Napoleon considered
all Europe to be material for his experiments. But, in due course, this material
reacted against him.
At St. Helena, Napoleon --
greatly disillusioned -- seemed to recognize some initiative in mankind.
Recognizing this, he became less hostile to liberty. Nevertheless, this did not
prevent him from leaving this lesson to his son in his will: "To govern is to
increase and spread morality, education, and happiness."
After all this, it is hardly
necessary to quote the same opinions from Morelly, Babeuf, Owen, Saint-Simon,
and Fourier. Here are, however, a few extracts from Louis Blanc's book on the
organization of labor: "In our plan, society receives its momentum from power."
Now consider this: The impulse
behind this momentum is to be supplied by the plan of Louis Blanc; his plan is
to be forced upon society; the society referred to is the human race. Thus the
human race is to receive its momentum from Louis Blanc.
Now it will be said that the
people are free to accept or to reject this plan. Admittedly, people are free to
accept or to reject advice from whomever they wish. But this is not the way in
which Mr. Louis Blanc understands the matter. He expects that his plan will be
legalized, and thus forcibly imposed upon the people by the power of the law:
"In our plan, the state has
only to pass labor laws (nothing else?) by means of which industrial progress
can and must proceed in complete liberty. The state merely places society on an
incline (that is all?). Then society will slide down this incline by the mere
force of things, and by the natural workings of the established mechanism."
But what is this incline that is
indicated by Mr. Louis Blanc? Does it not lead to an abyss? (No, it leads to
happiness.) If this is true, then why does not society go there of its own
choice? (Because society does not know what it wants; it must be propelled.)
What is to propel it? (Power.) And who is to supply the impulse for this power?
(Why, the inventor of the machine -- in this instance, Mr. Louis Blanc.)
Circle of Socialism
We shall never escape from this
circle: the idea of passive mankind, and the power of the law being used by a
great man to propel the people.
Once on this incline, will
society enjoy some liberty? (Certainly.) And what is liberty, Mr. Louis Blanc?
Once and for all, liberty is not
only a mere granted right; it is also the power granted to a person to use and
to develop his faculties under a reign of justice and under the protection of
And this is no pointless
distinction; its meaning is deep and its consequences are difficult to estimate.
For once it is agreed that a person, to be truly free, must have the power to
use and develop his faculties, then it follows that every person has a claim on
society for such education as will permit him to develop himself. It also
follows that every person has a claim on society for tools of production,
without which human activity cannot be fully effective. Now by what action can
society give to every person the necessary education and the necessary tools of
production, if not by the action of the state?
Thus, again, liberty is power. Of
what does this power consist? (Of being educated and of being given the tools of
production.) Who is to give the education and the tools of production? (Society,
which owes them to everyone.) By what action is society to give tools of
production to those who do not own them? (Why, by the action of the state.) And
from whom will the state take them?
Let the reader answer that
question. Let him also notice the direction in which this is taking us.
The Doctrine of
The strange phenomenon of our
times -- one which will probably astound our descendants -- is the doctrine
based on this triple hypothesis: the total inertness of mankind, the omnipotence
of the law, and the infallibility of the legislator. These three ideas form the
sacred symbol of those who proclaim themselves totally democratic.
The advocates of this doctrine
also profess to be social. So far as they are democratic, they place unlimited
faith in mankind. But so far as they are social, they regard mankind as little
better than mud. Let us examine this contrast in greater detail.
What is the attitude of the
democrat when political rights are under discussion? How does he regard the
people when a legislator is to be chosen? Ah, then it is claimed that the people
have an instinctive wisdom; they are gifted with the finest perception; their
will is always right; the general will cannot err; voting cannot be too
When it is time to vote,
apparently the voter is not to be asked for any guarantee of his wisdom. His
will and capacity to choose wisely are taken for granted. Can the people be
mistaken? Are we not living in an age of enlightenment? What! are the people
always to be kept on leashes? Have they not won their rights by great effort and
sacrifice? Have they not given ample proof of their intelligence and wisdom? Are
they not adults? Are they not capable of judging for themselves? Do they not
know what is best for themselves? Is there a class or a man who would be so bold
as to set himself above the people, and judge and act for them? No, no, the
people are and should be free. They desire to manage their own affairs, and they
shall do so.
But when the legislator is
finally elected -- ah! then indeed does the tone of his speech undergo a radical
change. The people are returned to passiveness, inertness, and unconsciousness;
the legislator enters into omnipotence. Now it is for him to initiate, to
direct, to propel, and to organize. Mankind has only to submit; the hour of
despotism has struck. We now observe this fatal idea: The people who, during the
election, were so wise, so moral, and so perfect, now have no tendencies
whatever; or if they have any, they are tendencies that lead downward into
Concept of Liberty
But ought not the people be given
a little liberty?
But Mr. Considerant has assured
us that liberty leads inevitably to monopoly!
We understand that liberty means
competition. But according to Mr. Louis Blanc, competition is a system that
ruins the businessmen and exterminates the people. It is for this reason that
free people are ruined and exterminated in proportion to their degree of
freedom. (Possibly Mr. Louis Blanc should observe the results of competition in,
for example, Switzerland, Holland, England, and the United States.)
Mr. Louis Blanc also tells us
that competition leads to monopoly. And by the same reasoning, he thus informs
us that low prices lead to high prices; that competition drives production to
destructive activity; that competition drains away the sources of purchasing
power; that competition forces an increase in production while, at the same
time, it forces a decrease in consumption. From this, it follows that free
people produce for the sake of not consuming; that liberty means oppression and
madness among the people; and that Mr. Louis Blanc absolutely must attend to it.
Well, what liberty should the
legislators permit people to have? Liberty of conscience? (But if this were
permitted, we would see the people taking this opportunity to become atheists.)
Then liberty of education? (But
parents would pay professors to teach their children immorality and falsehoods;
besides, according to Mr. Thiers, if education were left to national liberty, it
would cease to be national, and we would be teaching our children the ideas of
the Turks or Hindus; whereas, thanks to this legal despotism over education, our
children now have the good fortune to be taught the noble ideas of the Romans.)
Then liberty of labor? (But that
would mean competition which, in turn, leaves production unconsumed, ruins
businessmen, and exterminates the people.)
Perhaps liberty of trade? (But
everyone knows -- and the advocates of protective tariffs have proved over and
over again -- that freedom of trade ruins every person who engages in it, and
that it is necessary to suppress freedom of trade in order to prosper.)
Possibly then, liberty of
association? (But, according to socialist doctrine, true liberty and voluntary
association are in contradiction to each other, and the purpose of the
socialists is to suppress liberty of association precisely in order to force
people to associate together in true liberty.)
Clearly then, the conscience of
the social democrats cannot permit persons to have any liberty because they
believe that the nature of mankind tends always toward every kind of degradation
and disaster. Thus, of course, the legislators must make plans for the people in
order to save them from themselves.
This line of reasoning brings us
to a challenging question: If people are as incapable, as immoral, and as
ignorant as the politicians indicate, then why is the right of these same people
to vote defended with such passionate insistence?
The claims of these organizers of
humanity raise another question which I have often asked them and which, so far
as I know, they have never answered: 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 to the human race? Or do they believe that they
themselves are made of a finer clay than the rest of mankind? The organizers
maintain that society, when left undirected, rushes headlong to its inevitable
destruction because the instincts of the people are so perverse. The legislators
claim to stop this suicidal course and to give it a saner direction. Apparently,
then, the legislators and the organizers have received from Heaven an
intelligence and virtue that place them beyond and above mankind; if so, let
them show their titles to this superiority.
They would be the shepherds over
us, their sheep. Certainly such an arrangement presupposes that they are
naturally superior to the rest of us. And certainly we are fully justified in
demanding from the legislators and organizers proof of this natural superiority.
Reject Free Choice
Please understand that I do not
dispute their right to invent social combinations, to advertise them, to
advocate them, and to try them upon themselves, at their own expense and risk.
But I do dispute their right to impose these plans upon us by law -- by force --
and to compel us to pay for them with our taxes.
I do not insist that the
supporters of these various social schools of thought--the Proudhonists, the
Cabetists, the Fourierists, the Universitarists, and the Protectionists --
renounce their various ideas. I insist only that they renounce this one idea
that they have in common: They need only to give up the idea of forcing us to
acquiesce to their groups and series, their socialized projects, their free-
credit banks, their Graeco-Roman concept of morality, and their commercial
regulations. I ask only that we be permitted to decide upon these plans for
ourselves; that we not be forced to accept them, directly or indirectly, if we
find them to be contrary to our best interests or repugnant to our consciences.
But these organizers desire
access to the tax funds and to the power of the law in order to carry out their
plans. In addition to being oppressive and unjust, this desire also implies the
fatal supposition that the organizer is infallible and mankind is incompetent.
But, again, if persons are incompetent to judge for themselves, then why all
this talk about universal suffrage?
The Cause of
This contradiction in ideas is,
unfortunately but logically, reflected in events in France. For example,
Frenchmen have led all other Europeans in obtaining their rights -- or, more
accurately, their political demands. Yet this fact has in no respect prevented
us from becoming the most governed, the most regulated, the most imposed upon,
the most harnessed, and the most exploited people in Europe. France also leads
all other nations as the one where revolutions are constantly to be anticipated.
And under the circumstances, it is quite natural that this should be the case.
And this will remain the case so
long as our politicians continue to accept this idea that has been so well
expressed by Mr. Louis Blanc: "Society receives its momentum from power." This
will remain the case so long as human beings with feelings continue to remain
passive; so long as they consider themselves incapable of bettering their
prosperity and happiness by their own intelligence and their own energy; so long
as they expect everything from the law; in short, so long as they imagine that
their relationship to the state is the same as that of the sheep to the
Power of Government
As long as these ideas prevail,
it is clear that the responsibility of government is enormous. Good fortune and
bad fortune, wealth and destitution, equality and inequality, virtue and vice --
all then depend upon political administration. It is burdened with everything,
it undertakes everything, it does everything; therefore it is responsible for
If we are fortunate, then
government has a claim to our gratitude; but if we are unfortunate, then
government must bear the blame. For are not our persons and property now at the
disposal of government? Is not the law omnipotent?
In creating a monopoly of
education, the government must answer to the hopes of the fathers of families
who have thus been deprived of their liberty; and if these hopes are shattered,
whose fault is it?
In regulating industry, the
government has contracted to make it prosper; otherwise it is absurd to deprive
industry of its liberty. And if industry now suffers, whose fault is it?
In meddling with the balance of
trade by playing with tariffs, the government thereby contracts to make trade
prosper; and if this results in destruction instead of prosperity, whose fault
In giving protection instead of
liberty to the industries for defense, the government has contracted to make
them profitable; and if they become a burden to the taxpayers, whose fault is
Thus there is not a grievance in
the nation for which the government does not voluntarily make itself
responsible. Is it surprising, then, that every failure increases the threat of
another revolution in France?
And what remedy is proposed for
this? To extend indefinitely the domain of the law; that is, the responsibility
But if the government undertakes
to control and to raise wages, and cannot do it; if the government undertakes to
care for all who may be in want, and cannot do it; if the government undertakes
to support all unemployed workers, and cannot do it; if the government
undertakes to lend interest- free money to all borrowers, and cannot do it; if,
in these words that we regret to say escaped from the pen of Mr. de Lamartine,
"The state considers that its purpose is to enlighten, to develop, to enlarge,
to strengthen, to spiritualize, and to sanctify the soul of the people" -- and
if the government cannot do all of these things, what then? Is it not certain
that after every government failure -- which, alas! is more than probable --
there will be an equally inevitable revolution?
[Now let us return to a
subject that was briefly discussed in the opening pages of this thesis: the
relationship of economics and of politics -- political economy.*]
*Translator's note: Mr.
Bastiat has devoted three other books and several articles to the development of
the ideas contained in the three sentences of the following paragraph.
A science of economics must be
developed before a science of politics can be logically formulated. Essentially,
economics is the science of determining whether the interests of human beings
are harmonious or antagonistic. This must be known before a science of politics
can be formulated to determine the proper functions of government.
Immediately following the
development of a science of economics, and at the very beginning of the
formulation of a science of politics, this all-important question must be
answered: What is law? What ought it to be? What is its scope; its limits?
Logically, at what point do the just powers of the legislator stop?
I do not hesitate to answer: Law
is the common force organized to act as an obstacle to injustice. In short, law
It is not true that the
legislator has absolute power over our persons and property. The existence of
persons and property preceded the existence of the legislator, and his function
is only to guarantee their safety.
It is not true that the function
of law is to regulate our consciences, our ideas, our wills, our education, our
opinions, our work, our trade, our talents, or our pleasures. The function of
law is to protect the free exercise of these rights, and to prevent any person
from interfering with the free exercise of these same rights by any other
Since law necessarily requires
the support of force, its lawful domain is only in the areas where the use of
force is necessary. This is justice.
Every individual has the right to
use force for lawful self- defense. It is for this reason that the collective
force -- which is only the organized combination of the individual forces -- may
lawfully be used for the same purpose; and it cannot be used legitimately for
any other purpose.
Law is solely the organization of
the individual right of self-defense which existed before law was formalized.
Law is justice.
Law and Charity
Are Not the Same
The mission of the law is not to
oppress persons and plunder them of their property, even though the law may be
acting in a philanthropic spirit. Its mission is to protect persons and
Furthermore, it must not be said
that the law may be philanthropic if, in the process, it refrains from
oppressing persons and plundering them of their property; this would be a
contradiction. The law cannot avoid having an effect upon persons and property;
and if the law acts in any manner except to protect them, its actions then
necessarily violate the liberty of persons and their right to own property.
The law is justice -- simple and
clear, precise and bounded. Every eye can see it, and every mind can grasp it;
for justice is measurable, immutable, and unchangeable. Justice is neither more
than this nor less than this.
If you exceed this proper limit
-- if you attempt to make the law religious, fraternal, equalizing,
philanthropic, industrial, literary, or artistic -- you will then be lost in an
uncharted territory, in vagueness and uncertainty, in a forced utopia or, even
worse, in a multitude of utopias, each striving to seize the law and impose it
upon you. This is true because fraternity and philanthropy, unlike justice, do
not have precise limits. Once started, where will you stop? And where will the
law stop itself?
The High Road to
Mr. de Saint-Cricq would extend
his philanthropy only to some of the industrial groups; he would demand that the
law control the consumers to benefit the producers.
Mr. Considerant would sponsor the
cause of the labor groups; he would use the law to secure for them a guaranteed
minimum of clothing, housing, food, and all other necessities of life.
Mr. Louis Blanc would say -- and
with reason -- that these minimum guarantees are merely the beginning of
complete fraternity; he would say that the law should give tools of production
and free education to all working people.
Another person would observe that
this arrangement would still leave room for inequality; he would claim that the
law should give to everyone -- even in the most inaccessible hamlet--luxury,
literature, and art.
All of these proposals are the
high road to communism; legislation will then be -- in fact, it already is --
the battlefield for the fantasies and greed of everyone.
The Basis for
Law is justice. In this
proposition a simple and enduring government can be conceived. And I defy anyone
to say how even the thought of revolution, of insurrection, of the slightest
uprising could arise against a government whose organized force was confined
only to suppressing injustice.
Under such a regime, there would
be the most prosperity -- and it would be the most equally distributed. As for
the sufferings that are inseparable from humanity, no one would even think of
accusing the government for them. This is true because, if the force of
government were limited to suppressing injustice, then government would be as
innocent of these sufferings as it is now innocent of changes in the
As proof of this statement,
consider this question: Have the people ever been known to rise against the
Court of Appeals, or mob a Justice of the Peace, in order to get higher wages,
free credit, tools of production, favorable tariffs, or government-created jobs?
Everyone knows perfectly well that such matters are not within the jurisdiction
of the Court of Appeals or a Justice of the Peace. And if government were
limited to its proper functions, everyone would soon learn that these matters
are not within the jurisdiction of the law itself.
But make the laws upon the
principle of fraternity -- proclaim that all good, and all bad, stem from the
law; that the law is responsible for all individual misfortunes and all social
inequalities -- then the door is open to an endless succession of complaints,
irritations, troubles, and revolutions.
Means Equal Rights
Law is justice. And it would
indeed be strange if law could properly be anything else! Is not justice right?
Are not rights equal? 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
Law is justice. And let it not be
said -- as it continually is said -- that under this concept, the law would be
atheistic, individualistic, and heartless; that it would make mankind in its own
image. This is an absurd conclusion, worthy only of those worshippers of
government who believe that the law is mankind.
Nonsense! Do those worshippers of
government believe that free persons will cease to act? Does it follow that if
we receive no energy from the law, we shall receive no energy at all? Does it
follow that if the law is restricted to the function of protecting the free use
of our faculties, we will be unable to use our faculties? Suppose that the law
does not force us to follow certain forms of religion, or systems of
association, or methods of education, or regulations of labor, or regulations of
trade, or plans for charity; does it then follow that we shall eagerly plunge
into atheism, hermitary, ignorance, misery, and greed? If we are free, does it
follow that we shall no longer recognize the power and goodness of God? Does it
follow that we shall then cease to associate with each other, to help each
other, to love and succor our unfortunate brothers, to study the secrets of
nature, and to strive to improve ourselves to the best of our abilities?
The Path to
Dignity and Progress
Law is justice. And it is under
the law of justice -- under the reign of right; under the influence of liberty,
safety, stability, and responsibility -- that every person will attain his real
worth and the true dignity of his being. It is only under this law of justice
that mankind will achieve -- slowly, no doubt, but certainly -- God's design for
the orderly and peaceful progress of humanity.
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, progress, 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.
Proof of an Idea
And does not experience prove
this? 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; where labor, capital, and populations suffer the
fewest forced displacements; where mankind most nearly follows its own natural
inclinations; where the inventions of men are most nearly in harmony with the
laws of God; in short, the happiest, most moral, and most peaceful people are
those who most nearly follow this principle: Although mankind is not perfect,
still, all hope rests upon the free and voluntary actions of persons within the
limits of right; law or force is to be used for nothing except the
administration of universal justice.
The Desire to
Rule over Others
This must be said: There are too
many "great" men in the world -- legislators, organizers, do-gooders, leaders of
the people, fathers of nations, and so on, and so on. Too many persons place
themselves above mankind; they make a career of organizing it, patronizing it,
and ruling it.
Now someone will say: "You
yourself are doing this very thing."
True. But it must be admitted
that I act in an entirely different sense; if I have joined the ranks of the
reformers, it is solely for the purpose of persuading them to leave people
alone. I do not look upon people as Vancauson looked upon his automaton. Rather,
just as the physiologist accepts the human body as it is, so do I accept people
as they are. I desire only to study and admire.
My attitude toward all other
persons is well illustrated by this story from a celebrated traveler: He arrived
one day in the midst of a tribe of savages, where a child had just been born. A
crowd of soothsayers, magicians, and quacks - - armed with rings, hooks, and
cords -- surrounded it. One said: "This child will never smell the perfume of a
peace- pipe unless I stretch his nostrils." Another said: "He will never be able
to hear unless I draw his ear-lobes down to his shoulders." A third said: "He
will never see the sunshine unless I slant his eyes." Another said: "He will
never stand upright unless I bend his legs." A fifth said: "He will never learn
to think unless I flatten his skull."
"Stop," cried the traveler. "What
God does is well done. Do not claim to know more than He. God has given organs
to this frail creature; let them develop and grow strong by exercise, use,
experience, and liberty."
Let Us Now Try
God has given to men all that is
necessary for them to accomplish their destinies. He has provided a social form
as well as a human form. And these social organs of persons are so constituted
that they will develop themselves harmoniously in the clean air of liberty.
Away, then, with quacks and organizers! Away with their rings, chains, hooks,
and pincers! Away with their artificial systems! Away with the whims of
governmental administrators, their socialized projects, their centralization,
their tariffs, their government schools, their state religions, their free
credit, their bank monopolies, their regulations, their restrictions, their
equalization by taxation, and their pious moralizations!
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.