Product Description

How is it that the law enforcer itself does not have to keep the law? How is it that the law permits the state to lawfully engage in actions which, if undertaken by individuals, would land them in jail? These are among the most intriguing issues in political and economic philosophy. More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frederic Bastiat from 1850. The essay might have been written today. It applies to our own time. It applies in all times in which the state assumes unto itself different rules and different laws from that by which it expects other people to live. And so we have this legendary essay, written in a white heat against the leaders of 19th century France, the reading of which has shocked millions out of their toleration of despotism. This new edition from the Mises Institute revives a glorious translation that has been out of print for a hundred years, one that circulated in Britain in the generation that followed Bastiat s death. This newly available translation provides new insight into Bastiat s argument. The question that Bastiat deals with: how to tell when a law is unjust or when the law maker has become a source of law breaking? When the law becomes a means of plunder it has lost its character of genuine law. When the law enforcer is permitted to do with others lives and property what would be illegal if the citizens did them, the law becomes perverted. Bastiat doesn t avoid the difficult issues, such as why should we think that a democratic mandate can convert injustice to justice. He deals directly with the issue of the expanse of legislation: It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our works, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have as its lawful domain the domain of force, which is justice. The Law by Frederic Bastiat - Ludwig von Mises Institute

Product Details

• Amazon Sales Rank: #184555 in Books
• Published on: 2007-06-22
• Binding: Paperback
• 61 pages

Review
Full of truths that are not merely relevant, but are absolutely vital to our future. -- Congressman Dick Armey

No work before or since has made such a compelling case for freedom. Bastiat's message will influence students of liberty for years to come. -- Andrea Millen Rich, Laissez Faire Books

Language Notes
Text: English (translation)
Original Language: French

Customer Reviews

The most common sense logic written on government.
I read this book in 1980; at the time I was chairman of the democratic party in my county. I really began to do some serious soul searching. I finally concluded I was going to leave my party, as It no longer represented it's founder Mr Thomas Jefferson. This small simple easy to read book totally changed my life That same year I met Jim Hansen, he was making his first run for congress from the state of Utah, I made a deal with him, I would vote for him if he would read The Law by Bastiat. He promised, and I did. I received a nice letter from Jim after he was elected. " Never read a book that has so impressed me". P.S. "Find Yourself another copy, Im keeping Yours". Jim.

Best three dollars ever spent. Ron Steele Moab, Utah

On Amazon.com's scale of 1-10.........no less than a 12
To read this essay knowing nothing of the author or when he wrote it, one would never guess that it was first published 150 years ago. This book is as timeless as ANY publication in human history. Bastiat demonstrates a thorough and flawless understanding of both the bright and dark sides of human nature, of the essential role each has played in the growth and divergence of collectivist and (18th century) liberal ideologies, and most importantly, the resulting tendency for government, in all of its most common manifestations, to grow and for liberty to yield. The principles proffered herein are the very genesis of the body of thought most commonly attributed to such brilliant authors as Milton Friedman, F. A. Hayek, Adam Smith, and Thomas Paine. Bastiat was the consummate humanitarian, and a genius with no peer. If you read no other book during your lifetime, read "The Law".

Should be required reading in Washington, D.C.
What book is is important enough that I read it once a year? The Law by Frederic Bastiat. Written in 1848 as a response to socialism in France, this book essay is just as relevant today as it was then.

"What, then, is law? It is the collective organization of the individual right to lawful defense.

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?

If every person has the right to defend - even by force - his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus the principle of collective right - its reason for existing, its lawfulness - is based on individual right. And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute. Thus, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force - for the same reason - cannot lawfully be used to destroy the person, liberty, or property of individuals or groups.

Such a perversion of force would be, in both cases, contrary to our premise. Force has been given to us to defend our own individual rights. Who will dare to say that force has been given to us to destroy the equal rights of our brothers? Since no individual acting separately can lawfully use force to destroy the rights of others, does it not logically follow that the same principle also applies to the common force that is nothing more than the organized combination of the individual forces?

If this is true, then nothing can be more evident than this: The law is the organization of the natural right of lawful defense. It is the substitution of a common force for individual forces. And this common force is to do only what the individual forces have a natural and lawful right to do: to protect persons, liberties, and properties; to maintain the right of each, and to cause justice to reign over us all."

My copy of The Law is filled with highlighted yellow phrases. Among them:

"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.

How has this perversion of the law been accomplished? And what have been the results?

The law has been perverted by the influence of two entirely different causes: stupid greed and false philanthropy. Let us speak of the first.

Every legislator should be forced to read Bastiat's The Law once a month for their entire term and write a synopsis of how they have upheld the ideas contained within it. The tome should be taught in our school systems. It should be drilled into every citizen's head from birth until death."

When he was alive, Bastiat called the United States the one nation in the world that came close to applying law in a just manner. If he could visit us today, he would puke all over the steps of Congress. He would barf in the halls of the White House. He would upchuck in lobbyists offices all over Washington, D.C. When he was done throwing up, I do believe Bastiat would start a revolution.

He would definitely take on our current system of governance because we're turning into Socialism Lite 'Less Filling, More Taxes.'

"Socialists look upon people as raw material to be formed into social combinations. This is so true that, if by chance, the socialists have any doubts about the success of these combinations, they will demand that a small portion of mankind be set aside to experiment upon. The popular idea of trying all systems is well known. And one socialist leader has been known seriously to demand that the Constituent Assembly give him a small district with all its inhabitants, to try his experiments upon.

In the same manner, an inventor makes a model before he constructs the full-sized machine; the chemist wastes some chemicals - the farmer wastes some seeds and land - to try out an idea.

But what a difference there is between the gardener and his trees, between the inventor and his machine, between the chemist and his elements, between the farmer and his seeds! And in all sincerity, the socialist thinks that there is the same difference between him and mankind!

It is no wonder that the writers of the nineteenth century look upon society as an artificial creation of the legislator's genius. This idea - the fruit of classical education - has taken possession of all the intellectuals and famous writers of our country. To these intellectuals and writers, the relationship between persons and the legislator appears to be the same as the relationship between the clay and the potter.

Moreover, even where they have consented to recognize a principle of action in the heart of man - and a principle of discernment in man's intellect - they have considered these gifts from God to be fatal gifts. They have thought that persons, under the impulse of these two gifts, would fatally tend to ruin themselves. They assume that if the legislators left persons free to follow their own inclinations, they would arrive at atheism instead of religion, ignorance instead of knowledge, poverty instead of production and exchange."

Read The Law. It will change all your assumptions about what the role of government should be in your life in only 76 pages. When you're done, make your friends read The Law. If they won't, stop being friends with them. Send a copy to your Representatives and Congressmen and ask them what the hell they think they're doing with this country of ours.