The Law - Frédéric Bastiat

The Law (La Loi) - Frédéric Bastiat

The Law (French: La Loi) is an 1850 book by Frédéric Bastiat.

"each of us has a natural right – from God – to defend his person, his liberty, and his property."

  • 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.

Bastiat also explains in The Law why his opinion is that the law cannot defend life, liberty and property if it promotes socialist policies. When used to obtain legalized plunder for any group, he says that the law is perverted against the only things (life, liberty and property) it is supposed to defend.

"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."

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. 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.

  • 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.

Bastiat goes on to describe other forms of plunder, both legalized by the state and banned. He then concludes that the problem of it must be settled once and for all. He says that there are three ways to do so:

  1. The few plunder the many.
  2. Everybody plunders everybody.
  3. Nobody plunders anyone.

He points out that, given these options, what is obviously the best for society is the last one, with all plunder being ended.