The Law (book)

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The Law
Author Frédéric Bastiat
Original title La Loi
Language French
Publication date
1850

The Law, original French title La Loi, is an 1850 book by Frédéric Bastiat. It was written at Mugron two years after the third French Revolution and a few months before his death of tuberculosis at age 49. The essay was influenced by John Locke's Second Treatise on Government and in turn influenced Henry Hazlitt's Economics in One Lesson.[1] It is the work for which Bastiat is most famous along with The candlemaker's petition and the Parable of the broken window.

In The Law, Bastiat says "each of us has a natural right – from God – to defend his person, his liberty, and his property." The State is a "substitution of a common force for individual forces" to defend this right. The law becomes perverted when it is used to violate the rights of the individual, when it punishes one's right to defend himself against a collective effort of others to legislatively enact laws which basically have the same effect of plundering.

Justice has precise limits but philanthropy is limitless and government can grow endlessly when that becomes its function. The resulting statism is "based on this triple hypothesis: the total inertness of mankind, the omnipotence of the law, and the infallibility of the legislator." The relationship between the public and the legislator becomes "like the clay to the potter." Bastiat says, "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."[2]

The Text[edit]

The Law is a short book, about 75 pages long, but was very influential because of the content that was nonetheless packed into it.

Bastiat argues in it that a government consists only of the people within or authorizing it, therefore it has no legitimate powers beyond those that people would individually have.

He goes on to describe the rights that those individuals do have, which he recognizes as natural rights, based on natural law. He summarizes these as life, liberty, and private property, explaining that government's only legitimate role is to protect them:

Therefore government is formed by people, in order to protect and enhance their natural rights. Any government that steps beyond this role, acting in ways that an individual would not consent to, places itself at war with its own populace. For example, if it begins seizing money to give away to others, this is theft or pillage, the same as if a conquering warlord or robber baron did it:

Bastiat thus also points out that those who resist plunder, as is their natural right, become targets of the very law that was supposed to protect their rights in the first place. Laws are passed saying that opposing plunder is illegal, with punishments that will accumulate to death, if resisted consistently.

Though living in France, this book was written when the slavery still legal in the United States, and very controversial there as well as in Europe. In that country, there was a dramatic struggle between the agricultural southern states, and the industrialized northern. Globally famous was the two key components of this, with the northern states imposing crippling tariffs that impoverished the south, and trying to ban slavery. Bastiat pointedly mentions both slavery and tariffs are forms of legal plunder.

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.

Contemporaries mentioned in The Law[edit]

Notes[edit]

  1. ^ Even though Hazlitt was more influenced by Ce qu'on voit et ce qu'on ne voit pas (That Which Is Seen and That Which Is Unseen) as he mentions in the foreword to his book.
  2. ^ All quotations are from translation of The Law

External links[edit]