The Law
By Frederic
Bastiat
Translated from
the French by Dean Russell
Foreword by
Walter E. Williams
Introduction by
Richard Ebeling
Afterword by
Sheldon Richman
Foundation for
Economic Education
Irvington-on-Hudson
,
New York
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The Law
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Foreword
Walter E. Williams
I must have been forty years old before reading
Frederic Bastiat’s classic
The Law.
An anonymous person, to whom I
shall eternally be in debt, mailed me an unsolicited copy. After
reading the book I was convinced that a liberal-arts education
without an encounter with Bastiat is incomplete. Reading Bastiat
made me keenly aware of all the time wasted, along with the
frustrations of going down one blind alley after another, organizing
my philosophy of life.
The Law did not
produce a philosophical conversion for me as much as it created
order in my thinking about liberty and just human conduct.
Many philosophers have
made important contributions to the discourse on liberty, Bastiat
among them. But Bastiat’s greatest contribution is that he took the
discourse out of the ivory tower and made ideas on liberty so clear
that even the unlettered can understand them and statists cannot
obfuscate them. Clarity is crucial to persuading our fellowman of
the moral superiority of personal liberty.
Like others, Bastiat
recognized that the greatest single threat to liberty is government.
Notice the clarity he employs to help us identify and understand
evil government acts such as legalized plunder. Bastiat says, “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.” With such an
accurate description of legalized plunder, we cannot deny the
conclusion that most government activities, including ours, are
legalized plunder, or for the sake of modernity, legalized theft.
Frederic Bastiat could have easily been a fellow
traveler of the signers of our Declaration of Independence. The
signers’ vision of liberty and the proper role of government was
captured in the immortal words “We hold these truths to be
self-evident, that all men are created equal, that they are endowed
by their Creator with certain Unalienable Rights, that among these
are Life,
Liberty
and the pursuit
of Happiness. That to secure these rights, governments are
instituted among Men. . . .” Bastiat echoes the identical vision,
saying, “Life, faculties, production— in other words individuality,
liberty, property— that 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.” Bastiat gave the same
rationale for government as did our Founders, saying, “Life, liberty
and property do not exist because men have made laws. On the
contrary, it is the fact that life, liberty and property existed
beforehand that caused men to make laws in the first place.” No
finer statements of natural or God-given rights have been made than
those found in our Declaration of Independence and
The Law.
Bastiat pinned his hopes for liberty on the
United States
saying, “. . . look at the
United States
.
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.”
Writing in 1850, Bastiat noted two areas where the
United States
fell short: “Slavery is a violation, by law, of liberty. The
protective tariff is a violation, by law, of property.”
If
Bastiat were alive today, he would be disappointed with our failure
to keep the law within its proper domain. Over the course of a
century and a half, we have created more than 50,000 laws. Most of
them permit the state to initiate violence against those who have
not initiated violence against others. These laws range from
anti-smoking laws for private establishments and Social Security
“contributions” to licensure laws and minimum wage laws. In each
case, the person who resolutely demands and defends his God-given
right to be left alone can ultimately suffer death at the hands of
our government.
Bastiat explains the call for laws that restrict
peaceable, voluntary exchange and punish the desire to be left alone
by saying that socialists want to play God. Socialists look upon
people as raw material to be formed into social combinations. To
them—the elite—“the relationship between persons and the legislator
appears to be the same as the relationship between the clay and the
potter.” And for people who have this vision, Bastiat displays the
only anger I find in
The Law
when he lashes out at 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.”
Bastiat was an optimist who thought that eloquent
arguments in defense of liberty might save the day; but history is
not on his side. Mankind’s history is one of systematic, arbitrary
abuse and control by the elite acting privately, through the church,
but mostly through government. It is a tragic history where hundreds
of millions of unfortunate souls have been slaughtered, mostly by
their
own
government. A historian writing 200 or
300 years from now might view the liberties that existed for a tiny
portion of mankind’s population, mostly in the Western world, for
only a tiny portion of its history, the last century or two, as a
historical curiosity that defies explanation. That historian might
also observe that the curiosity was only a temporary phenomenon and
mankind reverted back to the traditional state of affairs—arbitrary
control and abuse.
Hopefully, history
will prove that pessimistic assessment false. The worldwide collapse
of the respectability of the ideas of socialism and communism
suggests that there is a glimmer of hope. Another hopeful sign is
the technological innovations that make it more difficult for
government to gain information on its citizens and control them.
Innovations such as information access, communication, and
electronic monetary transactions will make government attempts at
control more costly and less probable. These technological
innovations will increasingly make it possible for world citizens to
communicate and exchange with one another without government
knowledge, sanction, or permission.
Collapse of communism and technological innovations,
accompanied by robust free-market organizations promoting Bastiat’s
ideas, are the most optimistic things I can say about the future of
liberty in the
United States
.
Americans share an awesome burden and moral responsibility. If
liberty dies in the
United States
, it is destined
to die everywhere. A greater familiarity with Bastiat’s clear ideas
about liberty would be an important step in rekindling respect and
love, and allowing the resuscitation of the spirit of liberty among
our fellow Americans.
Top of Page
Introduction
Richard Ebeling
The defense of economic liberty has never been an
easy task. Adam Smith expressed his own despair at this problem in
The Wealth of Nations.
After presenting his powerful criticisms of mercantilism—the
eighteenth-century system of government regulation and planning—he
despondently suggested that free trade in
Great Britain
was
as unlikely as the establishment of a utopia.
He said that two
factors made the success of economic liberty unpromising. “Not only
the prejudices of the public,” Smith said, “but what is much more
unconquerable, the private interests of many individuals,
irresistibly oppose it.”[1] By the prejudices of the public, Smith
meant the apparent difficulty of many ordinary people to follow the
often abstract and complex arguments of the economic theorist that
demonstrate the superior workings of the free market over various
forms of government intervention and control. And by the private
interests of many individuals, Smith had in mind the wide variety of
special interest groups that gain from, and would therefore always
lobby hard to maintain, government regulations that limit or prevent
open competition. In combination, Smith feared, these two factors
would permanently prevent the logic of economic freedom from ever
winning in the arenas of ideas and politics.
In the nineteenth
century, however, there was one champion of freedom who mastered the
art of making the complexities of economic reasoning understandable
to the layman: the French classical-liberal economist Frederic
Bastiat (1801–1850). More than one historian of economic thought has
emphasized Bastiat’s special abilities in undermining the rationales
for protectionism, socialism, and interventionism.
Sir Alexander Gray,
for example, said that, “No one has ever been quite so skillful in
making the case of his antagonist look extremely foolish. Even now
his most ephemeral work remains a joy to read, by reason of its wit,
its merciless satire and the neatness wherewith he pinks his
opponents.”[2] Lewis Haney referred to Bastiat’s “pleasing and
luminous style” and how, “brilliantly, with fable and irony, the
masses are appealed to.”[3]
Eduard Heimann, a
critic of the market economy, described him as, “A brilliant writer,
[who] achieved world fame with his parable of the candle-makers, who
petition for protection against the unfair competition of the sun in
order that the community may become richer by the enrichment of
their industry.”[4] Charles Gide and Charles Rist pointed out that
“If modern Protectionists no longer speak of the ‘inundation of a
country’ or of an ‘invasion of foreign goods’ . . . we too often
forget that all this is due to the small but admirable pamphlets
written by Bastiat . . . . No one could more scornfully show the
laughable inconsistency of tunneling the mountains which divide
countries, with a view to facilitating exchange, while at the same
time setting up a customs barrier at each end.”[5] And even though
Bastiat’s pen was sharp against the protectionist and collectivist
ideas of his time, William Scott emphasized that the French
liberal’s “attitude was calm and dignified and in spite of the
incisiveness of his criticism he showed appreciation of the motives
of his adversaries. He gave them full credit for a desire to promote
the well-being of society, but wished simply to show that they were
on the wrong path and, if possible, to set them right.”[6]
Those qualities led
Joseph A. Schumpeter to call Bastiat “the most brilliant economic
journalist who ever lived.”[7] And Ludwig von Mises praised him as a
“brilliant stylist, so that the reading of his writings affords a
quite genuine pleasure. . . . [H]is critique of all protectionist
and related tendencies is even today unsurpassed. The protectionists
and interventionists have not been able to advance a single word in
pertinent and objective rejoinder.”[8]
Other authors have modeled some of their own works
after him. At the beginning of the twentieth century, the French
freemarket economist Yves Guyot said that his own little book,
Economic Prejudices,
was offered in the footsteps of Frederic Bastiat, with the purpose
of “[setting] forth truths in a handy, convenient form that is easy
to remember, to criticize errors by means of proof that any one can
apply,” as Bastiat had done half a century earlier.[9] And surely
the most famous and influential adaptation of Bastiat’s method and
approach in the twentieth century was Henry Hazlitt’s
Economics in One Lesson,
in which the author said, “The present work may, in fact, be
regarded as a modernization, extension and generalization of the
approach found in Bastiat’s pamphlet,” known by the title “What Is
Seen and What Is Not Seen.”[10]
R
R R
Claude Frederic Bastiat was born on
June 30, 1801
, in
Bayonne
,
France
, the son of a
prominent merchant.[11] His mother died when he was seven years old,
and his father passed away two years later, when Frederic was only
nine. He was brought up by an aunt, who also saw to it that he went
to the
College
of
Sorèze
beginning when
he was 14. But at 17 he left without finishing the requirements for
his degree and entered his uncle’s commercial firm in
Bayonne
. Shortly
afterward he came across the writings of the French
classical-liberal economist Jean-Baptiste Say, and they transformed
his life and thinking.[12] He began a serious study of political
economy and soon discovered the works of many of the other
classical-liberal writers in
France
and
Great Britain
.
In 1825 he inherited a modest estate in Mugron from
his grandfather and remained there until 1846, when he moved to
Paris
. During these 20 years Bastiat devoted almost all
his time to absorbing a vast amount of literature on a wide variety
of subjects, sharing books and ideas with his friend Félix Coudroy.
It seems that Coudroy had socialist leanings, and Bastiat began to
refine his skills in clear thinking and writing by formulating the
arguments that finally won over his friend to a philosophy of
freedom.
In the late 1820s and 1830s he began writing
monographs and essays on a variety of economic topics. But his real
reputation as a writer began in 1844, when he published a lengthy
article in defense of free trade and then a monograph on
Cobden
and the League: The English Movement for Free Trade.
While writing these works Bastiat began a correspondence with
Richard Cobden, one of the primary leaders of the British Anti-Corn
Law League, the association working for the repeal of all barriers
to free trade. The two proponents of economic freedom became fast
friends, supporting each other in the cause of liberty.
The success of these writings, and the inspiration
from the success of Cobden’s free-trade activities in bringing about
the end of agricultural protectionism in Great Britain in 1846,
resulted in Bastiat’s moving to Paris to establish a French
free-trade association and to start
Le Libre Échange,
a newspaper devoted to this cause.[13] For two years Bastiat labored
to organize and propagandize for free trade. At first he was able to
attract a variety of people in commerce and industry to support his
activities, including delivering speeches, designing legislation for
the repeal of French protectionism, and preparing writings to change
public opinion. But it was to no avail. There were too many special
interests benefiting from privileges and favors given by the
government, and he was unable to arouse a sustained interest in his
cause among the general public. It appeared that Adam Smith had been
right in lamenting the prejudices of the public and the power of the
interests, at least in
France
.
Following the
revolution of February 1848, Bastiat began a career in politics,
serving first in the French Constituent Assembly and then in the
Legislative Assembly. Having devoted most of his previous writings
to demonstrating the fallacies in the arguments for protectionism,
Bastiat turned his attention to a new enemy of economic liberty:
socialism. In the Legislative Assembly he delivered powerful
speeches against public-works programs, guaranteed
national-employment schemes, wealth redistribution proposals,
nationalization of industry, and rationales for the expansion of
bureaucratic controls over social and economic life. But because of
a worsening tuberculosis that weakened his voice, he turned to the
written word, producing a large number of essays detailing the
absurdities in the arguments of the socialists.
Bastiat made his last appearance in the Assembly in
February 1850. By spring of that year his health had declined so
dramatically that he was forced to step down from his legislative
responsibilities and spend the summer in the Pyrénées mountains in
the south of
France
. He
returned to
Paris
in September
and visited his friends in the cause for free trade, before setting
out for
Italy
in
search of a cure for his tuberculosis. He died in
Rome
on
December 24, 1850
, at the age of 49.
Frederic Bastiat’s intellectual legacy in the fight
for economic freedom is contained in three volumes. Two of them are
collections of some of his most biting, witty, and insightful essays
and articles, and are available in English under the titles
Economic
Sophisms[14] and
Selected Essays on
Political Economy.[15]
In his last years, Bastiat devoted part of his time to a general
work of social philosophy and economic principles, published under
the name Economic
Harmonies.[16]
As Henry Hazlitt
rightly emphasized, the central idea in much of Bastiat’s writings
is captured in his essay “What Is Seen and What Is Not Seen,” which
was the last piece he wrote before his death in 1850.[17] He points
out that the short-run effects of any action or policy can often be
quite different from its longer-run consequences, and that these
more remote consequences in fact may be the opposite from what one
had hoped for or originally planned.
Bastiat was able to
apply the principle of the seen and the unseen to taxes and
government jobs. When government taxes, what is seen are the workers
employed and the results of their labor: a road, a bridge, or a
canal. What is unseen are all the other things that would have been
produced if the tax money had not been taken from individuals in the
private sector and if the resources and labor employed by the
government had been free to serve the desires of those private
citizens. Government, Bastiat explained, produces nothing
independent from the resources and labor it diverts from private
uses.
This simple but
profoundly important insight is the theoretical weapon through which
Bastiat is able to demonstrate the errors and contradictions in the
ideas of both protectionists and socialists. Thus in such essays as
“Abundance and Scarcity,” “Obstacle and Cause,” and “Effort and
Result,” he shows that barriers and prohibitions to freedom of trade
only lead to poverty.[18]
He points out that
each of us is both a consumer and a producer. To consume a good we
must either make it ourselves or make some other good that we think
someone else will take in exchange for the good we want. As
consumers we desire as many goods as possible at the lowest possible
prices. In other words, we want abundance. But as producers we want
a scarcity of the goods we bring to market. In open competition, in
which all exchanges are voluntary, the only way to “capture”
customers and earn the income that enables each of us, in turn, to
be a consumer is to offer better, cheaper, and more goods than our
competitors. The alternative to this method, Bastiat warns, is for
each of us as a producer to turn to the government to gain from our
neighbors what we are unable to obtain through peaceful, nonviolent
trade on the market.
Herein lies Bastiat’s famous distinction between
illegal and legal plunder, which is at the center of his analysis in
The Law.[19] The
purpose of government, he says, is precisely to secure individuals
in their rights to life, liberty, and property. Without such
security men are reduced to a primitive life of fear and
self-defense, with every neighbor a potential enemy ready to plunder
what another has produced. If a government is strictly limited to
protecting men’s rights, then peace prevails, and men can go about
working to improve their lives, associating with their neighbors in
a division of labor and exchange.
But government can
also be turned against those whom it is meant to protect in their
property. There can arise legal plunder, in which the powers of
government are used by various individuals and groups to prevent
rivals from competing, to restrict the domestic and foreign trading
opportunities of other consumers in the society, and therefore to
steal the wealth of one’s neighbors. This, Bastiat argues, is the
origin and basis of protectionism, regulation, and redistributive
taxation.
But the consequences
of legal plunder are not only the political legitimizing of theft
and the breakdown of morality through the blurring of the
distinction between right and wrong—however crucially important and
dangerous these may be for the long-term stability and well-being of
society. Such policies also, by necessity, reduce the prosperity of
the society.
Every trade
protection, every domestic regulatory restriction, every
redistributive act of taxation above that minimal amount necessary
to secure the equal protection of each individual’s rights, Bastiat
insisted, reduces production and competition in society. Scarcity
replaces abundance. Limiting competition reduces the supply of goods
available to all members of the society. Imposing protectionist
barriers on foreign trade or domestic regulations on production
decreases the general availability of goods and makes them more
expensive. Everyone is, in the end, made worse off. And thus Bastiat
reached his famous conclusion that the state is the great fiction
through which everyone tries to live at the expense of everyone
else.
Why does legal plunder
come about? Bastiat saw its origin in two sources. First, as we have
just seen, some people see it as an easier means of acquiring wealth
than through work and production. They use political power to
redistribute from others what they are unwilling or unable to obtain
from their neighbors through the voluntary exchanges of the
marketplace. One basis for legal plunder, in other words, is the
misguided spirit of theft.
The second, and far
more dangerous, source of legal plunder is the arrogant mentality of
the social engineer. Through the ages, Bastiat showed, social and
political philosophers have viewed the multitude of humanity as
passive matter, similar to clay, waiting to be molded and shaped,
arranged and moved about according to the design of an
intellectually superior elite.
With a timeless
relevance, Bastiat points out that the political elite praises the
ideal of democracy, under which “the people” select those who will
hold political office. But once the electoral process is finished,
those elected to high political office arrogate to themselves the
planning, directing, and controlling of every aspect of social and
economic life. The task of modern democracy, apparently, is to
periodically appoint those who shall be our societal dictators.
Is this the way men have to live? Was illegal and
legal plunder the only form of social existence? Bastiat answered
no. In
Economic Harmonies
he tried to explain the nature
and logic of a system of peaceful human association through
production and trade. Historians of economic thought and other
critics of Bastiat have said this work demonstrates that, despite
his brilliant journalistic talents, he failed as a serious economic
theorist. They point to his use of a form of a labor theory of value
or his faulty theory of savings, capital, and interest.[20]
But beyond these errors and limitations is an aspect
of
Economic Harmonies
that still makes it insightful.
Harmonies
attempts to offer a grand
vision of the causal relationships among work, the division of
labor, voluntary exchange, and mutual improvement of men’s
condition, as well as the importance of private property, individual
freedom, and domestic and foreign free trade. In freedom there is
social harmony, since each man sees his neighbor not as an enemy but
as a partner in the ongoing processes of human improvement. Where
relationships are based on consent and mutual agreement there can be
no plunder, only reinforcing prosperity, as each works to trade with
his neighbors and acquire all the things that make life better for
each and all.
If one looks at the period during which Bastiat
devoted his efforts to fight for freedom and free trade, the
conclusion would appear to be that his life ended in failure. Both
during his lifetime and following his death
France
remained in the grip of the protectionist and interventionist
spirit, never achieving the degree of economic liberty enjoyed in
Great Britain
through the second half of the nineteenth century.
And yet Bastiat’s life should be seen as a glorious
success. For the 150 years since his passing, each new generation of
advocates of economic liberty has been inspired by his writings. His
fables and essays read as fresh as if they were written yesterday,
because they address the underlying nature of human association and
the dangers from political encroachment on the social and market
orders.
1. Adam Smith,
An
Inquiry into the Nature and Causes of the Wealth of Nations,
Book Four, chapter two (New York: Modern Library, 1937 [1776]), pp.
437–38.
2. Sir Alexander
Gray,
The Development of Economic Doctrine: An Introductory Survey
(London:
Longmans, Green, 1931), pp. 244–45.
3. Lewis H.
Haney,
History of
Economic Thought
(New York:
Macmillan, 1936), pp. 331–32.
4. Eduard
Heimann,
History of
Economic Doctrines: An Introduction to Economic Theory
(London: Oxford
University Press, 1945), p. 124.
5. Charles Gide
and Charles Rist,
A History of
Economic Doctrines, From the Time of the Physiocrats to the Present
Day
(Boston: D.C. Heath,
1915), pp. 329–30.
6. William A.
Scott,
The Development
of Economics
(New York: The
Century Co., 1933), p. 244.
7. Joseph A.
Schumpeter,
History of
Economic Analysis
(New York:
Oxford University Press, 1954), p. 500.
8. Ludwig von
Mises,
Liberalism: The
Classical Tradition
(Irvington-on-
Hudson, N.Y.: Foundation for Economic Education, 1996 [1927]), p.
197.
9. Yves Guyot,
Economic Prejudices
(London: Swan
Sonnenschein, 1910), p. v.
10. Henry
Hazlitt,
Economics in One
Lesson
(New York:
Harper & Brothers, 1946).
11. The
following brief summary of Bastiat’s life and professional
activities is drawn primarily from Dean Russell,
Frédéric
Bastiat: Ideas and
Influence
(Irvington-on-Hudson, N.Y.: Foundation for Economic Education,
1965); also Dean Russell,
Frédéric Bastiat
and the Free Trade Movement in
France
and England, 1840–1850
(Geneva:
Imprimarie Albert Kundig, 1959); and George C. Roche,
Frederic
Bastiat: A Man Alone
(Hillsdale,
Mich.: Hillsdale College Press, 1977).
12.
Jean-Baptiste Say,
A Treatise on
Political Economy, or the Production, Distribution and Consumption
of Wealth
[1921] (N.Y.:
Augustus
M.
Kelley, 1971); Say,
Letters to Mr.
Malthus on Several Subjects of Political Economy
[1821] (N.Y.:
Augustus M. Kelley, 1967); and R. R. Palmer, ed.,
J.-B. Say: An
Economist in Troubled Times
(Princeton,
N.J.: Princeton University
Press, 1997).
13. For a brief
account of the free-trade movement in Great Britain and its triumph
in the middle of the nineteenth century, see Richard M. Ebeling,
Austrian Economics and the Political Economy of Freedom
(Northampton,
Mass.: Edward Elgar, 2005), ch. 10: “The Global Economy and
Classical Liberalism: Past, Present and Future,” pp. 247–281, and
especially pp. 248–252.
14.
Economic
Sophisms,
trans. and ed. Arthur Goddard, with introduction by Henry Hazlitt
(Irvington-on-Hudson, N.Y.: Foundation for Economic Education, 1996
[1845]).
15.
Selected Essays
on Political Economy,
trans. Seymour Cain, ed. George B. de Huszar, with introduction by
F. A. Hayek (Irvington-on-Hudson, N.Y.: Foundation for Economic
Education, 1995 [1964]).
16.
Economic
Harmonies,
trans. W. Hayden Boyers, ed. George B. de Huszar, with introduction
by Dean Russell (Irvington-on-Hudson, N.Y.: Foundation for Economic
Education, 1996 [1850]).
17. In
Selected
Essays,
pp. 1–50.
18.
Economic
Sophisms,
pp. 7–27.
19. “The Law,”
in
Selected Essays,
pp. 51–96; and, “The Physiology of Plunder,” in
Economic
Sophisms,
pp. 129–46.
20. See, for
example, Eugen von Böhm-Bawerk,
Capital and
Interest,
vol. 1:
History and
Critique of Interest Theories
(South Holland,
Ill.: Libertarian Press, 1959), pp. 191–94.
Top
of Page
The Law
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, non-oppressive, just, and enduring government
imaginable—whatever its political form might be.
Under such an
administration, everyone would understand that he possessed all the
privileges as well as all the responsibilities of his existence. No
one would have any argument with government, provided that his
person was respected, his labor was free, and the fruits of his
labor were protected against all unjust attack. When successful, we
would not have to thank the state for our success. And, conversely,
when unsuccessful, we would no more think of blaming the state for
our misfortune than would the farmers blame the state because of
hail or frost. The state would be felt only by the invaluable
blessings of safety provided by this concept of 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.
.
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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.”
Thus, if there exists
a law which sanctions slavery or monopoly, oppression or robbery, in
any form whatever, it must not ever 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
General Council of Manufacturers, Agriculture, and Commerce,
May 6, 1850
. 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 a plunderer.
Slavery is a
violation, by law, of liberty. The protective tariff is a violation,
by law, of property.
It is a most remarkable fact that this double
legal
crime—a sorrowful
inheritance from 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 the proper
purpose of the law has been perverted only in the instances of
slavery and tariffs —what must be the consequences in Europe, where
the perversion of the 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.
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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).
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.
Translator’s note: At the time this was written, Mr. Bastiat knew
that he was dying of tuberculosis. Within a year, he was dead.
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.
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 com- Translator’s note: The French word used by Mr. Bastiat
is
spoliation.
mitted, 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.
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&