The Law
By Frederick Bastiat
Translated by The Foundation for
Economic Education
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 it.
Life Is a Gift from God
We hold from God the gift which includes all others. This gift is
life -- physical, intellectual, and moral life.
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 Enduring Government
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, nonoppressive, 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 government.
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.
The Complete 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 lawful defense.
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 of Mankind
Self-preservation and 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 unfailing.
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 possible pain.
Property and Plunder
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.
Victims of Lawful Plunder
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 it.
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 Legal Plunder
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 Non-Conformists
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, shipowners, 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 themselves!"
And what can you say to answer that argument!
Perverted Law Causes Conflict
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.
Slavery and 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 Plunder
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 Plunder
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 Legal Plunder
But how is this legal plunder to be identified? Quite simply. See if
the law takes from some persons what belongs to them, and gives it to
other persons to whom it does not belong. See if the law benefits one
citizen at the 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.
Legal Plunder 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.
Socialism Is Legal Plunder
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.
The Choice Before Us
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.
The Proper 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 organized justice.
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?
The Seductive 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 nation.
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.
Enforced 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 philanthropy.
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.
Plunder Violates Ownership
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 the suffering.
Three Systems of Plunder
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 generalizing it.
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 philanthropy.
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 religion.
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 Negative Concept
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.
The Political Approach
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 Charity
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 injustice.
The Law and Education
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 Morals
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 Terms
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 Socialist Writers
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 public affairs?
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.
The Socialists Wish to Play God
Socialists look upon people as raw material to be formed into social
combinations. This is so true that, if by chance, the socialists have
any doubts about the success of these combinations, they will demand
that a small portion of mankind be set aside to experiment upon. The
popular idea of trying all systems is well known. And one socialist
leader has been known seriously to 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.
The Socialists Despise Mankind
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 Compulsory Labor
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 the translator.
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 Paternal Government
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 Passive Mankind
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.
Socialists 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."
Socialists Want 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 the soil.
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 all fortunes!
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 poor.
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 their wisdom.
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 and glory.
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 Spartans.
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 their legislators].*
*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 the Democrats
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 made?"
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 circumstances."
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.
Socialists 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 them:
"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?
*Translator's note: 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 moral.
Legislators 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.
Legislators Told 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!
A Temporary Dictatorship
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.
Socialists Want 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 Socialist Writers
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.
Philanthropic Tyranny
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
the law.
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 government."
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."
The Socialists Want Dictatorship
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 monarchy."
Dictatorial Arrogance
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 enough."
The Indirect 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.
Napoleon Wanted Passive Mankind
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.)
The Vicious 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 the law.
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 Democrats
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 universal.
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 degradation.
The Socialist 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.
Socialists Fear All Liberties
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 Superman Idea
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.
The Socialists 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 French Revolutions
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 shepherd.
The Enormous 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 everything.
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 is it?
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 it?
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 of government.
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?
Politics and Economics
[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 is justice.
Proper Legislative Functions
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 person.
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 property.
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 Communism
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 Stable Government
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
temperature.
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.
Justice 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 only?
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 Liberty
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. |