I have recently finished reading the classic The Law by Frederic Bastiat, translated by Patrick James Stirling. While short in terms of length, this book is filled with wisdom and guidance on the fundamentals principles of law, and the role of governments.
The main premise of the book:
The law perverted! The law and, in its wake, all the collective forces of the nation. The law, I say, not only diverted from its proper direction, but made to pursue one entirely contrary! The law becomes the tool of every kind of avarice. instead of being its check! The law guilty of that very iniquity which it was its mission to punish! Truly, this is a serious fact, if it exists. and one to which I feel bound to call the attention of my fellow citizens.
On What Is Law?
What, then, is law? As I have said elsewhere, it is the collective organization of the individual right to lawful defense. Nature, or rather God, has bestowed upon every one of us the right to defend his person. his liberty, and his property, since these are e three constituent or preserving elements of life; elements, each of which is rendered complete by the others, and cannot be understood without them. For what are our faculties, but the extension of our personality? and what is property, but an extension of our faculties? If every man has the right of defending. even by force, his person, his liberty, and his property, a number of men have the right to combine together, to extend, to organize a common force, to provide regularly for this defense. Collective right, then, has its principle, its reason for existing, its lawfulness, in individual right; and the common force cannot rationally have any other end, or any other mission, than that of the isolated forces for which it is substituted. Thus, as the force of an individual cannot lawfully touch the person, the liberty, or the property of another individual – for the same reason, the common force cannot lawfully be used to destroy the person, the liberty, or the property of individuals or of classes.
On A Just and Enduring Government
So long as personal safety was ensured, so long as labor was free, and the fruits of labor secured against all unjust attacks, no one would have any difficulties to contend with in the State. When prosperous. we should not, it is true, have to thank the State for our success; but when unfortunate, we should no more think of taxing it with our disasters, than our peasants think of attributing to it the arrival of hail or of frost. We should know it only by the inestimable blessing of Safety.
On Perverted Law Causes Conflict
Yes, as long as it is admitted that the law may be diverted from its true mission, that it may violate property instead of securing it. everybody will be wanting to manufacture law, either to defend himself against plunder. or to organize it for his own profit. The political question will always be prejudicial, predominant, and absorbing; in a word there will be fighting around the door of the Legislative Palace.
Slavery and Tariffs Are Plunder
That of slavery and that of tariffs; that is. precisely the only two questions in which. contrary to the general spirit of this republic. law has taken the character of a plunderer. Slavery is a violation, sanctioned by law of the rights of the person. Protection is a violation perpetrated by the law upon the rights of property; and certainly it is very remarkable that, in the midst of so many other debates, this double legal scourge, the sorrowful inheritance of the Old World, should be the only one which can, and perhaps will, cause the rupture of the Union.
On Legal Plunder Has Many Names
Now, legal plunder may be exercised in an infinite multitude of ways. Hence come an infinite multitude of plans for organization; tariffs, protection, perquisites, gratuities. encouragements, progressive taxation. gratuitous instruction, right to labor, right to profit, right to wages, right to assistance, right to instruments of labor, gratuity of credit, etc.. etc. And it is all these plans, taken as a whole, with what they have in common, legal plunder, which takes the name of socialism.
On Law Is a Negative Concept
They fulfill a mission whose harmlessness is evident, whose utility is palpable, and whose legitimacy is not to be disputed. This is so true that, as a friend of mine once remarked to me, to say that the aim of the law is to cause justice to reign, is to use an expression which is not rigorously exact. It ought to be said, the aim of the law is to prevent injustice from reigning. In fact, it is not justice which has an existence of its own, it is injustice. The one results from the absence of the other.
On Socialists Fear All Liberties
What sort of liberty should be allowed to men? Liberty of conscience? — But we should them all profiting by the permission to become atheists. Liberty of education?…Liberty of labor?…The liberty of trade?…Liberty of association?…You must see, then, that the socialist democrats cannot in conscience allow men liberty, because, by their own nature, they tend in every instance to all kinds of degradation and demoralization.
On Politics and Economics
It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our works, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have as its lawful domain the domain of force, which is justice. And as every individual has a right to have recourse to force only in cases of lawful defense, so collective force, which is only the union of individual forces, cannot be rationally used for any other end. The law, then, is solely the organization of individual rights, which existed before legitimate defense. Law is justice.
On Proof of an Idea
And have I not experience on my side? Cast your eye over the globe. Which are the happiest, the most moral, and the most peaceable nations? Those where the law interferes the least with private activity; where the Government is the least felt; where individuality has the most scope, and public opinion the most influence: where the machinery of the administration is the least important and the least complicated; where taxation is lightest and least unequal, popular discontent the least excited and the least justifiable; where the responsibility of individuals and classes is the most active, and where, consequently, if morals are not in a perfect state, at any rate they tend incessantly to correct themselves: where transactions. meetings, and associations are the least fettered: where labor, capital and production suffer the least from artificial displacements; where mankind follows most completely its own natural course; where the thought of God prevails the most over the inventions of men; those, in short, who realize the most nearly this idea — That within the limits of right, all should flow from the free, perfectible, and voluntary action of man; nothing be attempted by the law or by force. except the administration of universal justice.
On Now Let Us Try Liberty
God has implanted in mankind, also, all that is necessary to enable it to accomplish its destinies. There is a providential social physiology, as well as a providential human physiology. The social organs are constituted so as to enable them to develop harmoniously in the grand air of liberty. Away, then, with quacks and organizers! Away with their rings, and their chains, and their hooks, and their pincers! Away with their artificial methods! Away with their social workshops. their governmental whims, their centralization, their tariffs, their universities. their State religions, their gratuitous or monopolizing banks, their limitations, their restrictions, their moralizations, and their equalization by taxation! And now, after having vainly inflicted upon the social body so many systems, let them end where they ought to have begun – reject all systems, and make trial of liberty — of liberty, which is an act of faith in God and in His work.
A must read in the areas of law, government and business/economics.