The LAW |
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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!
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If this is true, it is a serious fact, and moral duty
requires me to call the attention of my fellow-citizens to it.
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Life Is a Gift from God |
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We hold from God the gift which includes all others. This
gift is life -- physical, intellectual, and moral life.
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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.
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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.
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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.
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What Is Law ? |
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What, then, is law?
It is the
collective organization of the individual right to lawful defense.
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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?
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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.
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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?
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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.
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A Just and Enduring Government |
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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.
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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.
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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.
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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.
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The Complete Perversion of the Law |
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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.
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How has this perversion of the law been
accomplished? And what have been the results?
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The law has been perverted by the influence of two entirely
different causes: stupid greed and false philanthropy. Let us speak of the first.
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A Fatal Tendency of Mankind |
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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.
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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.
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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.
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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.
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Property and Plunder |
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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.
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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.
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When, then, does plunder stop?
It stops when it becomes more
painful and more dangerous than labor!
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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.
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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.
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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.
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Victims of Lawful Plunder |
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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.
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Woe to the nation when the latter purpose
prevails among the mass victims of lawful plunder when they, in turn, seize the power to
make laws!
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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.
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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 |
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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.
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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.
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In the first place, it erases from everyone's conscience the
distinction between justice and injustice.
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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.
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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.
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Slavery, restrictions, and monopoly find
defenders not only among those who profit from them but also among those who suffer from
them.
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The Fate of Non-Conformists |
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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."
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If you lecture upon morality or upon political science,
there will be found official organizations petitioning the government in this vein of
thought:
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"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.
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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.
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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.
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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.
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Who Shall Judge? |
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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.
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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.
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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?
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The Reason Why Voting Is Restricted |
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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.
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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.
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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.
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The Answer Is to Restrict the Law |
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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.
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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?
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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?
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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?
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The Fatal Idea of Legal Plunder |
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But on the other hand, imagine that this fatal principle has
been introduced:
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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.
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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:
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"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!"
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And what can you say to answer that argument! |
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Perverted Law Causes Conflict |
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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.
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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]
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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.
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Slavery and Tariffs Are Plunder |
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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.
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Slavery is a violation, by law, of liberty. The
protective tariff is a violation, by law, of property.
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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
legal plunder exists only in the instances of slavery and tariffs - what must be the
consequences in Europe, where the perversion of law is a principle; a system?
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Two Kinds of Plunder |
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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."
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But of what plunder was he speaking? For there are two kinds
of plunder: Legal and Illegal.
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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 |
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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.
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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.
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How to Identify Legal Plunder |
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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.
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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.
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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.
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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.
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Legal Plunder Has Many Names |
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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.
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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.
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Socialism Is Legal Plunder |
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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:
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"The war that we must fight against socialism must be
in harmony with law, honor, and justice."
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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.
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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.
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The Choice Before Us |
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This question of legal plunder must be settled once and for
all, and there are only three ways to settle it:
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1. The few plunder the many. |
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2. Everybody plunders everybody. |
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3. Nobody plunders anybody. |
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We must make our choice among limited plunder, universal
plunder, and no plunder. The law can follow only one of these three.
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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.
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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.
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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).*
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*Translator's note: At the time this was written, Mr.
Bastiat knew that he was dying of tuberculosis. Within a year, he was dead.
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The Proper Function of the Law |
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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.
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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.
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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?
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The Seductive Lure of Socialism |
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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.
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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.
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Enforced Fraternity Destroys Liberty |
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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."
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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.
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Legal plunder has two roots: One of them, as I have said
before, is in human greed; the other is in false philanthropy.
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At this point, I think that I should explain exactly what I
mean by the word plunder.*
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*Translator's note: The French word used by Mr. Bastiat is
spoliation, meaning to rob, plunder or despoil, to deprive of something by force of law.
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Plunder Violates Ownership |
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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.
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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.
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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.
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Three Systems of Plunder |
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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.
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*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.
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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.
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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.
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Since the law organizes justice, the socialists ask why the
law should not also organize labor, education, and religion.
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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.
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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.
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Law Is a Negative Concept |
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The harmlessness of the mission performed by law and lawful
defense is self-evident; the usefulness is obvious; and the legitimacy cannot be disputed.
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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.
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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.
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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.
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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.
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The Political Approach |
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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?
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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?
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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.
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The Law and Charity |
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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.
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The Law and Education |
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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.
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The Law and Morals |
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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?
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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.
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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.
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A Confusion of Terms |
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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.
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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.
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The Influence of Socialist Writers |
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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?
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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 -- form the first group.
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The writer all alone, forms the second and most important group. |
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Surely this is the weirdest and most conceited notion that ever entered a human brain! |
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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.
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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.
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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.
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The Socialists Wish to Play God |
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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.
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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.
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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!
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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.
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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.
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The Socialists Despise Mankind |
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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.
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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.
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Open at random any book on philosophy, politics, religion 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.
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Let us first consider a quotation from Bossuet [tutor to the
Dauphin in the Court of Louis XIV]:*
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A Defense of Compulsory Labor |
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"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"
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*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.
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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.
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A Defense of Paternal Government |
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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:
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"How is that possible? These arts were invented by
Trismegistus [who was alleged to have been Chancellor to the Egyptian god Osiris]".
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And again among the Persians, Bossuet claims that all comes
from above:
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"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."
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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:
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"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."
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The Idea of Passive Mankind |
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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].
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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.
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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.
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Socialists Ignore Reason and Facts |
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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:
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"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.". . ."
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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."
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Socialists Want to Regiment People |
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Fenelon's idyll on Crete is even more alluring. Mentor is
made to say:
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"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."
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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.
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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.
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A Famous Name and an Evil Idea |
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Now listen to the great Montesquieu on this same subject: |
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"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."
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Thus the laws are to dispose of all fortunes! |
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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.
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Here again we find the idea of equalizing fortunes by law,
by force.
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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.
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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.
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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.
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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.
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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.
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The country of Paraguay furnishes us with another example
[of a people who, for their own good, are molded by their legislators].*
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*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.
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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.
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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.
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A Frightful Idea |
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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.
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The Leader of the Democrats |
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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:
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"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.
|
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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?"
|
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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:
|
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"Would you give stability to the state? Then bring the
extremes as closely together as possible. Tolerate neither wealthy persons nor beggars.
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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....
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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.
|
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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."
|
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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.
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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.
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Socialists Want Forced Conformity |
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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."
|
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Poor human nature! What would become of a person's dignity
if it were entrusted to the followers of Rousseau?
|
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*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.
|
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Legislators Desire to Mold Mankind |
|
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Now let us examine Raynal on this subject of mankind being
molded by the legislator:
|
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"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....
|
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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....
|
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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...."
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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.
|
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Legislators Told How to Manage Men |
|
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Raynal's instructions to the legislators on how to manage
people may be compared to a professor of agriculture lecturing his students:
|
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"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."
|
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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!
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A Temporary Dictatorship |
|
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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:
|
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"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."
|
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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.
|
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Socialists Want Equality of Wealth |
|
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Next let us examine Condillac on this subject of the
legislators and mankind:
|
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"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.
|
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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.
|
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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?
|
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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."
|
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The Error of the Socialist Writers |
|
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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.
|
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What Is Liberty? |
|
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Actually, what is the political struggle that we witness? |
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It is the instinctive struggle of all people
toward liberty.
|
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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?
|
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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?
|
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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.
|
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Philanthropic Tyranny |
|
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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.
|
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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.
|
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Listen to the ideas of a few of the writers and politicians
during that period:
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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."
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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."
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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."
|
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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."
|
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The Socialists Want Dictatorship |
|
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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.
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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:
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"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."
|
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Dictatorial Arrogance |
|
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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.
|
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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.*
|
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*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."
|
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The Indirect Approach to Despotism |
|
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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.
|
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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.
|
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Napoleon Wanted Passive Mankind |
|
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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.
|
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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."
|
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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."
|
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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.
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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:
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"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."
|
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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.)
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The Vicious Circle of Socialism |
|
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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.
|
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Once on this incline, will society enjoy some liberty?
(Certainly.) And what is liberty, Mr. Louis Blanc?
|
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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.
|
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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?
|
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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?
|
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Let the reader answer that question. Let him also notice the
direction in which this is taking us.
|
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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.
|
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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.
|
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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.
|
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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.)
|
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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.
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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.)
|
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Then liberty of labor? (But that would mean competition
which, in turn, leaves production unconsumed, ruins businessmen, and exterminates the
people.)
|
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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.)
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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?
|
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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.
|
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|
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.
|
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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?
|
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Politics and Economics |
|
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[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.*]
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*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.
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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.
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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?
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I do not hesitate to answer: Law is the common force
organized to act as an obstacle to injustice. In short, law is justice.
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Proper Legislative Functions |
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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.
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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.
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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.
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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.
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Law is solely the organization of the individual right of
self-defense which existed before law was formalized. Law is justice.
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Law and Charity Are Not the Same |
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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.
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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.
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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.
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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?
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The High Road to Communism |
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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.
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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.
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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.
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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.
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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.
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The Basis for Stable Government |
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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.
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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.
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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.
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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.
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Justice Means Equal Rights |
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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?
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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.
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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?
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The Path to Dignity and Progress |
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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.
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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.
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Proof of an Idea |
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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.
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The Desire to Rule over Others |
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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.
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Now someone will say: "You yourself are doing this very
thing."
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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.
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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."
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"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."
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Let Us Now Try Liberty |
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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!
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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
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