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First published in 1850 as a pamphlet, The Law by Frederic Bastiat defines the nature of law and the role of government. It is essential reading for law students and anyone interested in jurisprudence.
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Further Reading: Seneca Six Pack
The Law by Frederic Bastiat. Translated by Patrick James Stirling. First published in 1850. This edition published 2017 by Enhanced Media Publishing. All rights reserved.
The law perverted! The law—and, in its wake, all the collective forces of the nation—the law, I say, not only diverted from its proper direction, but made to pursue one entirely contrary! The law become the tool of every kind of avarice, instead of being its check? The law guilty of that very iniquity which it was its mission to punish! Truly, this is a serious fact, if it exists, and one to which I feel bound to call the attention of my fellow-citizens.
We hold from God the gift which, as far as we are concerned, contains all others, Life—physical, intellectual, and moral life.
But life cannot support itself. He who has bestowed it, has entrusted us with the care of supporting it, of developing it, and of perfecting it. To that end, He has provided us with a collection of wonderful faculties; He has plunged us into the midst of a variety of elements. It is by the application of our faculties to these elements, that the phenomena of assimilation and of appropriation, by which life pursues the circle which has been assigned to it, are realized.
Existence, faculties, assimilation—in other words, personality, liberty, property—this is man. It is of these three things that it may be said, apart from all demagogue subtlety, that they are interior and superior to all human legislation.
It is not because men have made laws, that personality, liberty, and property exist. On the contrary, it is because personality, liberty, and property exist beforehand, that men make laws.
What, then, is law? As I have said elsewhere, it is the collective organization of the individual right to lawful defence.
Nature, or rather God, has bestowed upon every one of us the right to defend his person, his liberty, and his property, since these are the three constituent or preserving elements of life; elements, each of which is rendered complete by the others, and cannot be understood without them. For what are our faculties, but the extension of our personality? and what is property, but an extension of our faculties?
If every man has the right of defending, even by force, his person, his liberty, and his property, a number of men have the right to combine together, to extend, to organize a common force, to provide regularly for this defence.
Collective right, then, has its principle, its reason for existing, its lawfulness, in individual right; and the common force cannot rationally have any other end, or any other mission, than that of the isolated forces for which it is substituted. Thus, as the force of an individual cannot lawfully touch the person, the liberty, or the property of another individual—for the same reason, the common force cannot lawfully be used to destroy the person, the liberty, or the property of individuals or of classes.
For this perversion of force would be, in one case as in the other, in contradiction to our premises. For who will dare to say that force has been given to us, not to defend our rights, but to annihilate the equal rights of our brethren? And if this be not true of every individual force, acting independently, how can it be true of the collective force, which is only the organized union of isolated forces?
Nothing, therefore, can be more evident than this:—The law is the organization of the natural right of lawful defence; it is the substitution of collective for individual forces, for the purpose of acting in the sphere in which they have a right to act, of doing what they have a right to do, to secure persons, liberties, and properties, and to maintain each in its right, so as to cause justice to reign over all.
And if a people established upon this basis were to exist, it seems to me that order would prevail among them in their acts as well as in their ideas. It seems to me that such a people would have the most simple, the most economical, the least oppressive, the least to be felt, the least responsible, the most just, and, consequently, the most solid Government which could be imagined, whatever its political form might be.
For, under such an administration, every one would feel that he possessed all the fullness, as well as all the responsibility of his existence. So long as personal safety was ensured, so long as labour was free, and the fruits of labour secured against all unjust attacks, no one would have any difficulties to contend with in the State. When prosperous, we should not, it is true, have to thank the State for our success; but when unfortunate, we should no more think of taxing it with our disasters, than our peasants think of attributing to it the arrival of hail or of frost. We should know it only by the inestimable blessing of Safety.
It may further be affirmed, that, thanks to the non-intervention of the State in private affairs, our wants and their satisfactions would develop themselves in their natural order. We should not see poor families seeking for literary instruction before they were supplied with bread. We should not see towns peopled at the expense of rural districts, nor rural districts at the expense of towns. We should not see those great displacements, of capital, of labour, and of population, which legislative measures occasion; displacements, which render so uncertain and precarious the very sources of existence, and thus aggravate to such an extent the responsibility of Governments.
Unhappily, law is by no means confined to its own department. Nor is it merely in some indifferent and debatable views that it has left its proper sphere. It has done more than this. It has acted in direct opposition to its proper end; it has destroyed its own object; it has been employed in annihilating that justice which it ought to have established, in effacing amongst Rights, that limit which was its true mission to respect; it has placed the collective force in the service of those who wish to traffic, without risk, and without scruple, in the persons, the liberty, and the property of others; it has converted plunder into a right, that it may protect it, and lawful defence into a crime, that it may punish it.
How has this perversion of law been accomplished? And what has resulted from it?
The law has been perverted through the influence of two very different causes—bare egotism and false philanthropy.
Let us speak of the former.
Self-preservation and development is the common aspiration of all men, in such a way that if every one enjoyed the free exercise of his faculties and the free disposition of their fruits, social progress would be incessant, uninterrupted, inevitable.
But there is also another disposition which is common to them. This is, to live and to develop, when they can, at the expense of one another. This is no rash imputation, emanating from a gloomy, uncharitable spirit. History bears witness to the truth of it, by the incessant wars, the migrations of races, sacerdotal oppressions, the universality of slavery, the frauds in trade, and the monopolies with which its annals abound. This fatal disposition has its origin in the very constitution of man—in that primitive, and universal, and invincible sentiment which urges it towards its well-being, and makes it seek to escape pain.
Man can only derive life and enjoyment from a perpetual search and appropriation; that is, from a perpetual application of his faculties to objects, or from labour. This is the origin of property.
But yet he may live and enjoy, by seizing and appropriating the productions of the faculties of his fellow men. This is the origin of plunder.
Now, labour being in itself a pain, and man being naturally inclined to avoid pain, it follows, and history proves it, that wherever plunder is less burdensome than labour, it prevails; and neither religion nor morality can, in this case, prevent it from prevailing.
When does plunder cease, then? When it becomes less burdensome and more dangerous than labour. It is very evident that the proper aim of law is to oppose the powerful obstacle of collective force to this fatal tendency; that all its measures should be in favour of property, and against plunder.
But the law is made, generally, by one man, or by one class of men. And as law cannot exist without the sanction and the support of a preponderating force, it must finally place this force in the hands of those who legislate.
This inevitable phenomenon, combined with the fatal tendency which, we have said, exists in the heart of man, explains the almost universal perversion of law. It is easy to conceive that, instead of being a check upon injustice, it becomes its most invincible instrument. It is easy to conceive that, according to the power of the legislator, it destroys for its own profit, and in different degrees, amongst the rest of the community, personal independence by slavery, liberty by oppression, and property by plunder.
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