Highlights from the GCTP Library
Frederick Bastiat’s book, “The Law“, was written in 1850, and
certainly studied by the Founding Fathers.
The full book:
On the GCTP Online Books page here:
http://www.wewantamericaback.net/site/?page_id=568
This is a short synopsis from The Cougar Report.
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#6 The Law by Bastiat 1850
ABOUT
Bastiat’s The Law is a manifesto of individual liberty, justice and
limited government. It was written over 150 years ago in support of
human rights and against centralized control. Bastiat places special
emphasis on the operation of a just State and the problems with a
welfare state.
Many libertarian organizations use Bastiat to advance their cause.
HISTORY
At this point we are making the transition from the Founding to 19th
century political thought. Although Bastiat does not make huge
philosophical leaps from the founders, do note the different threats
to liberty that Bastiat is talking about. From this point forward
beware of any changes in political thought, as we approach
progressivism these changes become very important.
When Bastiat was writing this short book, many members of the
intellectual and political community in Europe were turning towards
statism as a legitimate political and economic system.
MY ANALYSIS
The Law stands out among the other texts in the reading list because
it was written by a foreigner about political economy in general, not
an exclusive analysis of American policy. Even more interesting is
that this text is more applicable today than many of the other
documents on the list. A century and half after it was written,
Bastiat’s book offers clarity on numerous topics, from economics to
government to personal liberty.
The person who first introduced me to Bastiat may have changed my
political philosophy indefinitely. Not only was Bastiat’s analysis
important in organizing my philosophical and political views, but it
also offered innovative arguments in favor of the utilitarian and
moral benefits of personal and economic liberty.
Our Founding Fathers and Bastiat would have agreed that the greatest
single threat to liberty is the State. No doubt Bastiat could have
helped Jefferson pen the Declaration of Independence. In the words of
Walter Williams:
The signers’ vision of liberty and the proper role of government
was captured in the immortal words “We hold these truths to be
self-evident, that all men are created equal, that they are endowed by
their Creator with certain Unalienable Rights, that among these are
Life, Liberty and the pursuit of Happiness. That to secure these
rights, governments are instituted among Men. . . .” Bastiat echoes
the identical vision, saying, “Life, faculties, production— in other
words individuality, liberty, property— that is man. And in spite of
the cunning of artful political leaders, these three gifts from God
precede all human legislation, and are superior to it.”
We see again the republican ideal of individual liberty as the ends of
government. In Bastiat’s time the French Government was experiencing
many of the political-social-economic shifts that the United States is
going through today; that is why The Law is such an applicable text.
As far as protecting “Natural Rights,” Bastiat insists that, “The law,
I say, not only turned from its proper purpose but made to follow an
entirely contrary purpose!”
His argument is a simple syllogism: define good law, explain how the
law has become perverted, and then provide a solution. Accordingly, I
will break down the text into his definitions, his explanation and his
solution.
DEFINITIONS:
* What are our natural rights?
“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?”
* What is Liberty?
“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?”
* What is Justice?
Justice is the protection of life, liberty and property.
* What is Law?
Given that natural right to defense, law is “the collective
organization of the individual right to lawful defense.”
* What is a Just and Enduring Government?
A government that correctly uses authority to protect natural rights.
PERVERSION:
* How has the law been perverted?
“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.”
* A Fatal Tendency of Mankind
“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.”
* Property and Plunder
The Origin of Property:
• 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.
The Cause of Plunder:
• “Now since man is naturally inclined to avoid pain—and since
labor is pain in itself—it follows that men will resort to plunder
whenever plunder is easier than work. History shows this quite
clearly. And under these conditions, neither religion nor morality can
stop it.”(Note: the problem is systemic rather than moral. A solution
must be a solution changing the structure of government)
* Victims of Lawful Plunder
“Men naturally rebel against the injustice of which they are victims.
Thus, when plunder is organized by law for the profit of those who
make the law, all the plundered classes try somehow to enter—by
peaceful or revolutionary means—into the making of laws.” (Note:
Lobbying is a product of redistributive plunder)
* The Effects of Legal Plunder
“…it erases from everyone’s conscience the distinction between justice
and injustice.”
“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.”
SOLUTION:
* The Choice Regarding Plunder
• “The few plunder the many.” — “This system prevailed when the
right to vote was restricted. One would turn back to this system to
prevent the invasion of socialism. “
• “Everybody plunders everybody.”–“We have been threatened with
this new 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 use by their predecessors when the
vote was limited.”
• “Nobody plunders anybody.”– “This is the principle of justice,
peace, order, stability, harmony and logic.”
* Socialism is not the Answer
“Since the law organizes justice, the socialists ask why the law
should not also organize labor, education, and religion. Why should
not law be used for these purposes? Because it could not organize
labor, education, and religion without destroying justice.”
* Law is a Negative Concept
“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.”
* The Solution
• “A science of economics must be developed before a science of
politics can be logically formulated.”
• 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?
* Legislative function
• “The existence of persons and property preceded the existence of
the legislator, and his function is only to guarantee their safety.”
Conclusion:
For Bastiat, the true essence of a just government is individual
liberty. Not too big a deal when compared to Jefferson’s Declaration,
Publius’ Federalist Papers or Washington’s cardinal speeches.
However, Bastiat places special emphasis on legal plunder:
redistribution of property as the government sees fit. Undoubtedly,
there is a certain level of this going on in the United States. Is it
a problem?