The Law

Is the law a sword or a shield? What is the limiting principle of Government? Bastiat considers these weighty topics and presents the views of many other great thinkers thoughtfully and concisely. Easy read yet extremely thought provoking. Highly recommend for everyone.

I have not reread it yet but I remember liking it very much. It is philosophical. It is foundational to understanding America as it was intended to be and not what lawyers have made it into.

This work gives a wonderful insight into the differences between negative (natural) rights, which are to be protected by governments, and positive (economic) rights which are supposedly to be provided by governments. It is in the latter category, in the effort to provide justice, that the law is easily corrupted and perverted by violating the negative rights of some to arbitrarily supply positive rights to others. Some of my favorite passages: ...the statement, The purpose of the law is to cause justice to reign, is not a rigorously accurate statement. It ought to be stated that the purpose of the law is to prevent injustice from reigning. In fact, it is injustice, instead of justice, that has an existence of its own. Justice is achieved only when injustice is absent. 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. [And this quote perfectly expresses why collectivist and socialist governments DO NOT always have the intended charitable results that are promised, but are often best suited to those (rich or poor) willing to game the system:] When under the pretext of fraternity, the legal code imposes mutual sacrifices on the citizens, human nature is not thereby abrogated. Everyone will then direct his efforts toward contributing little to, and taking much from, the common fund of sacrifices. Now, is it the most unfortunate who gains from this struggle? Certainly not, but rather the most influential and calculating.

The headline says it all. This is a timeless statement on man’s desire for liberty, autonomy and sovereignty. It belongs in your, and everyone else’s, library.

It is a wonderful document in history.

I always kept this little book in my travel bag because it contains great wisdom on every page and I could get a quick hit of inspiration by opening any page and reading for a few minutes where time allowed.

Bastiat is a magnificent thinker and writer. His ideas about the role of law and law as the protection against plundering by some against others, and the perversion of law to aid the powerful at the expense of the less powerful, are timeless. He wrote around the time of the 1848 French Revolution and was personally in the thick of it as an elected official, and passionately interested in persuading his fellow countrymen not to pursue self-defeating economic policies such as trade tariffs, monopolies and misguided government “philanthropy” — all of which he argues — successfully in my view— to be unjust to society in general. His fear, he writes, is that the revolutionaries were itching to sock it to the people they saw as socking it to them, and in the process of doing so would repeat the same mistakes as the government they were ousting, and thus set the stage for the next revolution, ad infinitum.

I listened to the Audible version x 3 and couldnt get over how 170 year old essay felt totally contemporary. It talks about failing public schools, banksters extracting dividends from governmental connections, protective taxes for the connected manufacturers, regulation as barrier to entry etc. Law can pervert to violent means of plunder and we witness this progression on nearly daily basis in present day USA. On top of that - great foreword by Thomas di Lorenzo, a treat in its own right.

Bastiat crams a lot of wisdom, logic, and common sense into just fifty-five pages. Don’t let this deter you from reading the book but Bastiat is French and died on Christmas Eve, 1850. Yet his words resonate today. He was a great admirer of America because of its freedom and Constitution and the protection of individual liberties. In the foreword to the book written in 2007 by Loyola College economics professor Thomas J. DiLorenzo, however, Lorenzo speculates how Bastiat would have reacted to America’s Civil War. “It is unlikely that he would have considered the U.S. government’s military invasion of the Southern States in 1861, the killing of some 300,000 citizens, and the bombing, burning, and plundering of the region’s cities, towns, farms, and businesses as being consistent in any way with the protection of lives, liberties, and properties of those citizens as promised by the Declaration of Independence.” Bravo. No political correctness or revisionist history there. DiLorenzo goes on to say, “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.” Nuff said. Maybe I will just add a quote directly from Bastiat. “Nothing can enter the public treasury, in favor of one citizen or one class, but what other citizens and other classes have been forced to send to it.”

One of the best books Ive ever read. Bastiat highlighted in 1849 the exact plights and issues of our time in regard to the collusion of special interests and government to the detriment of us all. Bastiat also in this short work defines man in the pursuit of life, liberty and property and makes the most succinct and effective arguments against socialism then and now. A life-changing book. If every American or human being on Earth were aware of the information in this book the world would be a much different place, a much better place. I cant recommend the book too much!