"The Law"

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"The Law." First published in 1850 by the great French economist and journalist, it is as clear a statement as has ever been made of the original American ideal of government, as proclaimed in the Declaration of Independence, that the main purpose of any government is the protection of the lives, liberties, and property of its citizens.

 

Bastiat's warnings of the dire effects of legal plunder are as relevant today as when he first issued them. The system of legal plunder (which many now celebrate as "democracy"(Equity) will erase from everyone's conscience, he wrote, the distinction between justice and injustice.

 

The plundered classes will eventually figure out how to enter the political game and plunder their fellow man. Legislation will never be guided by any principles of justice, but only by brute political force.

 

The great French champion of liberty also forecast the corruption of education by the state. Those who held "government-endowed teaching positions," he wrote, would rarely criticize legal plunder lest their government endowments be ended.

 

The system of legal plunder would also greatly exaggerate the importance of politics in society. That would be a most unhealthy development as it would encourage even more citizens to seek to improve their own well-being not by producing goods and services for the marketplace but by plundering their fellow citizens through politics.

 

Bastiat was also wise enough to anticipate what modern economists call "rent-seeking" and "rent avoidance" behaviour. These two clumsy phrases refer, respectively, to the phenomena of lobbying for political favors (legal plunder), and of engaging in political activity directed at protecting oneself from being the victim of plunder seekers. (For example, the steel manufacturing industry lobbies for high tariffs on steel, whereas steel-using industries, like the automobile industry, can be expected to lobby against high tariffs on steel.)

 

The reason why modern economists are concerned about "rent-seeking" is the opportunity cost involved: the more time, effort and money that is spent by businesses on conniving to manipulate politics—merely transferring wealth—the less time is spent on producing goods and services, which increases wealth. Thus, legal plunder impoverishes the entire society even though a small (but politically influential) part of the society benefits from it.

Socialists want "to play God," Bastiat observed, anticipating all the future tyrants and despots of the world who would try to remake the world in their image, whether that image would be communism, fascism, the "glorious union," or "global democracy." Bastiat also observed that socialists wanted forced conformity; rigid regimentation of the population through pervasive regulation; forced equality of wealth; and dictatorship. As such, they were the mortal enemies of liberty.

 

"Dictatorship" need not involve an actual dictator. All that was needed, said Bastiat, was "the laws," enacted by a Congress or a Parliament, that would achieve the same effect: forced conformity.

 

Bastiat was also wise to point out that the world has far too many "great men," "fathers of their countries," etc., who in reality are usually nothing but petty tyrants with a sick and compulsive desire to rule over others. The defenders of the free society should have a healthy disrespect for all such men.

In the latter pages of "The Law" Bastiat offers the sage advice that what was really needed was "a science of economics" that would explain the harmony (or lack thereof) of a free society (as opposed to socialism). He made a major contribution to this end himself with the publication of his book, Economic Harmonies, which can be construed as a precursor to the modern literature of the Austrian School of Economics. 

There is no substitute for a solid understanding of the market order (and of the realities of politics) when it comes to combating the kinds of destructive socialistic schemes that plagued Bastiat's day as well as ours. Anyone who reads this great essay along with other free-market classics, such as Henry Hazlitt's Economics in One Lesson and Murray Rothbard's Power and Market, will possess enough intellectual ammunition to debunk the socialist fantasies of this or any other day.

A summary of "The Law" by Frédéric Bastiat:

 

Purpose of the Law: The law's fundamental purpose is to protect the rights of individuals, particularly their property, liberty, and life. The law should be a collective organization of the individual right to lawful defence.

 

Legal Plunder/Equity: The concept of "legal plunder," where the law is used to benefit a few at the expense of many. This misuse, where the law is twisted to confiscate property from some to give to others must be condemned, in my view.

 

Perverted Law: When the law is perverted from its true purpose, it becomes a tool of oppression. The law is often used to impose various forms of socialism, which contradicts the principles of freedom, justice and democracy.

 

Natural Rights: Keep in mind that natural rights existed before the law. These rights include liberty, property, and the pursuit of happiness. And all laws must be based on these inherent rights.

 

Consequences of Legal Plunder: Seems we have forgotten the consequences when legal plunder becomes widespread. It leads to social conflict, increased government intervention, and a decline in individual responsibility and moral values.

 

Proper Role of the State: The state's role must be limited to protecting individual rights and ensuring justice. Any expansion of state powers into areas like education, labour, and welfare contradicts the principles of freedom, justice and democracy.

 

Economic Harmonies: The belief in the natural harmonies of the market, where individuals pursuing their own interests will naturally contribute to societal welfare, provided that the law respects and protects their rights.

 

Critique of Socialism: Remember that various socialist doctrines advocate for legal plunder. As socialism undermines personal responsibility and freedom by expanding the scope of the state at the expense of individual liberty.

 

Call for Reform: Democracy for its survival must return to the true purpose of the law—to safeguard individual rights. We all must encourage citizens to recognize and resist the perversion of the law into an instrument of plunder.

 

In essence, "The Law" by Frédéric Bastiat is a passionate defence of individual liberty and property rights, a critique of government overreach, and a call to restore the law to its rightful role as a protector of justice and freedom.