THE LAW

by - FREDERIC BASTIAT

CONTENTS
[ Sections - Concepts ]

SECTION 1: Preface; The law is perverted! And the police powers of the state perverted along with it!...; Concept 1 - Life Is a Gift from God; We hold from God the gift which includes all others. This gift is life - physical, intellectual and moral life...; Concept 2 - What Is Law?; What, then, is law? It is the collective organization of the individual right to lawful defense...; Concept 3 - A Just and Eduring Government; If a nation were founded on this basis, it seems to me that order would prevail among the people...; Concept 4 - The Complete Perversion of the Law; But, unfortunately, law by no means confines itself to its proper functions. And when it exceeds...; Concept 5 - A Fatal Tendency of Mankind; Self-preservation and self-development are common aspirations among all people. And if everyone...; Concept 6 - Property and Plunder; Man can live and satisfy his wants only by ceaseless labor; by the ceaseless application of his faculties...; Concept 7 - Victims of Lawful Plunder; Men naturally rebel against the injustice of which they are victims. Thus, when plunder is organized by the law...; Concept 8 - The Results of Legal Plunder; It is impossible to introduce into society a greater change and a greater evil than this: the conversion of the law...

SECTION 2: Concept 9 - The Fate of Non-Conformists; If you suggest a doubt as to the morality of these institutions, it is boldly said that "You are a dangerous..."; Concept 10 - Who Shall Judge; The followers of Rousseau's school of thought - who consider themselves to be far advanced, but whom I...; Concept 11 - The Reason Why Voting Is Restricted; A closer examination of the subject shows us the motive which causes the right of suffrage to be based upon...; Concept 12 - TheAnswer Is to Restrict the Law; I know what might be said in answer to this; what the objections might be. But this is not the place to exhaust...; Concept 13 - The Fatal Idea of Legal Plunder; But on the other hand, imagine that this fatal principle has been introduced: Under the pretense of organization,...; Concept 14 - Perverted Law Causes Conflict; As long as it is admitted that the law may be diverted from its true purpose - that it may violate instead of...; Concept 15 - Slavery and Tariffs Are Plunder; What are these two issues? They are slavery and tariffs. These are the only two issues where, contrary to...; Concept 16 - Two Kinds of Plunder; Mr. de Montalembert [politician and writer] adopting the thought contained in a famous proclamation by...; Concept 17 - The Law Defends Plunder; But it does not always do this. Sometimes the law defends plunder and participates in it. Thus the beneficiaries...; Concept 18 - How to Identify Legal Plunder; But how is this legal plunder to be identified? Quite simple. See if the law takes from some persons what belongs...

SECTION 3: Concept 19 - Legal Plunder Has Many Names; Now, legal plunder can be committed in an infinite number of ways. Thus we have an infinite number of plans...; Concept 20 - Socialism Is Legal Plunder; Mr. Montalembert has been accused of desiring to fight socialism by the use of brute force. He ought to be...; Concept 21 - The Choice Before Us; This question of legal plunder must be settled once and for all, and there are only three ways to settle it:...; Concept 22 - The Proper Function of the Law; And, in all sincerity, can anything more than the absence of plunder be required of the law? Can the law - which...; Concept 23 - The Seductive Lure of Socialism; Here I encounter the most popular fallacy of our times. It is not considered sufficient that the law should be...; Concept 24 - Enforced Fraternity Destroys Liberty; Mr. de Lamartine once wrote to me thusly: "Your doctrine is only half of my program. You have stopped at..."; Concept 25 - Plunder Violates Ownership; I do not, as is often done, use the word in any vague, uncertain, approximate, or metaphorical sense. I use it in...; Concept 26 - Three Systems of Plunder; The sincerity of those who advocate protectionism, socialism and communism is not here questioned. Any...; Concept 27 - Law Is Force; Since the law organizes justice, the socialists ask why the law should not also organize labor, education, and...; Concept 28 - Law Is a Negative Concept; The harmlessness of the mission performed by the law and lawful defense is self-evident; the usefulness is...

SECTION 4: Concept 29 - The Political Approach; When a politician views society from the seclusion of his office, he is struck by the spectacle of inequality that...; Concept 30 - The Law and Charity; You say: "There are persons with no money," and you turn to the law. But the law is not a breast that fills...; Concept 31 - The Law and Education; You say: "There are persons who lack education" and you turn to the law. But the law is not, in itself, a torch...; Concept 32 - The Law and Morals; You say: "Here are persons who are lacking in morality or religion" and you turn to the law. But law is force. ...; Concept 33 - A Confusion of Terms; Socialism, like the ancient ideas from which it springs, confuses the distinction between government and society. ...; Concept 34 - The Influence of Socialist Writers; How did politicians ever come to believe this weird idea that the law could be made to produce what it does not...; Concept 35 - The Socialists Wish to Play God; Socialists look upon people as raw material to be formed into social combinations. This is so true that, if by chance...; Concept 36 - The Socialists Despise Mankind; According to these writers, it is indeed fortunate that Heaven has bestowed upon certain men - governors and...; Concept 37 - A Defense of Compulsory Labor; Let us first consider a quotation from Bossuet [tutor to the Dauphin in the Court of Louis XIV]: "One of the things...; Concept 38 - A Defense of Paternal Government; Bossuet carries this idea of the state as the source of all progress even so far as to defend the Egyptians against...

SECTION 5: Concept 39 - The Idea of Passive Mankind; It cannot be disputed that these classical theories [advanced by these latter-day teachers, writers, legislators,...; Concept 40 - Socialists Ignore Reason and Facts; With the amazing credulity which is typical of the classicists, Fenelon ignores the authority of reason and ...; Concept 41 - Socialists Want to Regiment People; Fenelon's idyl on Crete is even more alluring. Mentor is made to say: "All that you see in this wonderful island...; Concept 42 - A Famous Name and an Evil Idea; Now listen to the great Montesquier on this same subject: "To maintain this spirit of commerce, it is necessary that...; Concept 43 - A Frightful Idea; Those who are subject to vulgar infatuation may exclaim: "Montesquieu has said this! So it's magnificent! It's...; Concept 44 - The Leader of the Democrats; Now let us examine Rousseau on this subject. This writer on public affairs is the supreme authority of the...; Concept 45 - Socialists Want Forced Conformity; Be that as it may, Rousseau invests the creators, organizers, directors, legislators and controllers of society with a...

SECTION 6: Concept 46 - Legislators Desire to Mold Mankind; Now let us examine Raynal on this subject of mankind being molded by the legislator: "The legislator must first...; Concept 47 - Legislators Told How to Manage Men; Raynal's instructions to the legislators on how to manage people may be compared to a professor of agriculture...; Concept 48 - A Temporary Dictatorship; Here is Mably on this subject of the law and the legislator. In the passages preceding the one here quoted, ...; Concept 49 - Socialists Want Equality of Wealth; Next let us examine Condillac on this subject of the legislators and mankind: "My Lord, assume the charter of...; Concept 50 - The Error of Socialist Writers; Actually, it is notstrange that during the seventeenth and eighteenth centuries the human race was regarded as...; Concept 51 - What is Liberty?; Actually, what is the political struggle that we witness? It is the instinctive struggle of all people toward liberty. ...; Concept 52 - Philanthropic Tyranny; While society is struggling toward liberty, these famous men who put themselves at its head are filled with...; Concept 53 - The Socialists Want Dictatorship; Again, it is claimed that persons are nothing but raw material. It is not for them to will their own improvements;...

SECTION 7: Concept 54 - Dictatorial Arrogance; At what a tremendous height above the rest of mankind does Robespierre place himself! And note the arrogance...; Concept 55 - The Indirect Approach to Despotism; Usually, however, these gentlemen - the reformers, the legislators, and the writers on public affairs - do not desire...; Concept 56 - Napoleon Wanted Passive Mankind; It is, of course, not at all surprising, that this same idea should have greatly appealed to Napoleon. He embraced it...; Concept 57 - The Vicious Circle of Socialism; We shall never escape from this circle. The idea of passive mankind, and the power of the law being used by a great...; Concept 58 - The Doctrine of the Democrats; The strange phenomenon of our times - one which will probably astound our descendants - is the doctrine based on...; Concept 59 - The Socialist Concept of Liberty; But ought not people be given a little liberty? But Mr. Considerant has assured us that liberty leads inevitably to...; Concept 60 - Socialists Fear All Liberties; Well, what liberty should the legislators permit people to have? Liberty of conscience? (But if this were permitted...; Concept 61 - The Superman Idea; The claims of these organizers of humanity raise another question which I have often asked them and which, so far...

SECTION 8: Concept 62 - The Socialists Reject Free Choice; Please understand that I do not dispute their right to invent social combinations, to advertise them, to advocate...; Concept 63 - The Cause of the French Revolution; This contradiction of ideas is, unfortunately but logically, reflected in events in France. For example, Frenchmen...; Concept 64 - 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...; Concept 65 - Politics and Economics; [Now let us return to a subject that was briefly disccused in the opening pages of this thesis: The relationship of...; Concept 66 - Proper Legislative Function; It is not true that the legislator has absolute power over our persons and property. The existence of persons and...; Concept 67 - Law and Charity Are Not the Same; The mission of the law is not to oppress persons and plunder them of their property, even though the law may be...

SECTION 9: Concept 68 - The High Road to Communism; Mr. de Sant-Cricq would extend his philosophy only to some of the industrial groups; he would demand that...; Concept 69 - The Basis for Stable Government; Law is justice. In this proposition a simple and enduring government can be conceived. And I defy anyone to say how...; Concept 70 - Justice Means Equal Rights; Law is justice. And it would indeed be strange if law could properly be anything else! Are not rights equal? By what...; Concept 71 - The Path to Dignity and Progress; Law is justice. And it is under the law of justice - under the reign of right; under the influence of liberty, safety,...; Concept 72 - Proof of an Idea; And does not experience prove this? Look at the entire world. Which countries contain the most peaceful, the most...; Concept 73 - The Desire to Rule Over Others; This must be said: There are too many "great" men in the world - legislators, organizers, do-gooders, leaders of the...; Concept 74 - Let Us Now Try Liberty; God has given to men all that is necessary for them to accomplish their destinies. He has provided a social form...

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[Forward to Briame Gerdan's "THE LAW - by FREDERIC BASTIAT" - Section 1.]
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