The Law

This classic commentary on European Law, especially in France, after the French Revolution had destroyed an oppressive monarchy and the country was faced with another oppressive regime. This little book is an acid commentary on law disguised as social and economic oppression, which in a few years produced another critic of law under royal and aristocratic rule: the founding handbook of Austrian Economics: Carl Mengers Principles of Economics. The mistaken impression is given by the advocates of Austrian Economics that Bastiets The Law is a protest against the State in any form, including the government of the United States and other forms of democratic government. But it is well known that Bastiet admired the government of the United States and praised it for its just laws (except for slavery) and its concern for human rights, including economic rights. The book offers nothing significant in economics, even though advocates of Austrian Economics claim that Bastiets critique of Law would apply to certain laws of the United States. His work is directed to laws under a monarchy, in which laws favor the aristocracy. There is every evidence that he would be quite comfortable in a government of the people, by the prople and for the people. The Foreward to the book by Thomas DiLorenzo is not only deceptive, but positively erroneous. The Foreward is really a diatribe against what the Dilorenzo calls statism, and it is clear that his words are directed at the Congress of the United States, which makes the laws of this country. He hints that the government of the United States is a collectivity, which is another name for Socialism. That certainly was not the view of Frederic Bastiet. Bastiets most virulent accusations are not directed at Thomas Jefferson, the Congress of the United States or the Attorney-General,but against Saint-Just, Robespierre, Lapellitier, all associated with the Reign of Terror that followed the French Revolution. These set up a system of legal plunder and an autocracy that sent ordinary citizens to the guillotine. DiLorenzo gives the impression that Bastiets The Law is directed at the government and laws of the United States. No one could really object to the book as it stands, but its publication by the Ludwig von Mises Institute makes clear the intent of its publication: it is part of a campaign on the part of the Ludwig von Mises Institute, the Acton Institute and the devotees of Austrian Economics to place the economy of the United States solely in the hands of entrepreneurs, unmindful of the fact that it was Entrepreneurs who created slavery, child labor, and other social injustices in this country and were put out of business by Supreme Court decisions in Muller v. Oregon(workers rights), United States v. the Darby Lumber Company(child labor), and Brown v. Board of Education(segregation), and laws that followed upon those Supreme Court decisions - - like the Civil Rights Act of 1964. Bastiets descripion of Law in the last pages of the book is the finest part of the book and it captures in his virile prose what a free government should be. But the Ludwig von Mises Institute does not want the economy of any country regulated by just laws, - - - only by the action and interests of Entrepreneurs. It was to free the economy of the country from an economics decided by Entrpreneurs that this country was founded, and it has taken 200 years to undo the social, economic and political claims forged by several generations of Entrepreneurs, who either created economic monopolies or built their economic advantage on the economic disadvantages of others. The Enron scandal and the Bernie Madoff fiasco are two current examples of a certain kind of Entrepreneurship, but there are others less known that have not hit the headlines. The recent movie The Wolf of Wall Street highlights the methods and intent of entrepreneurship run wild, and how the just laws of a nation safeguard a just economy. The Law is a good book to read, if you ignore the Foreward, which gives the book a twist never intended by its author. One must consult Bastiets Economic Sophisms and his Economic Harmonies to capture his witty and insightful grasp upon the issue of a national economy. His admiration for a government of the people, by the people, and for the people indicates the direction in which his economic genius was going - and certainly not as one of the fathers and founders of a free market economy. Most of his blasts on economic matters came from his exile in England, far from the terror of the Republic of Louis Napolean. Father Clifford Stevens Archdiocese of Omaha

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.

This proto-libertarian writing by Bastiat stands along with Alexis de Tocqueville as the greatest 19th century political writing contributions to our country. Bastiat is easier to read and much faster. The whole of it in a sitting can be trying to read, though it did sparkle throughout. In any event, Bastiats view would likely be a libertarianism that few would suggest today. For example, even most modern libertarians and conservatives with libertarian streaks like lead-free paint. He might say it interferes with individual property and liberty rights. I really do not know where he would hold on that because though it would interfere with private property, but lead paint clearly was a threat to us, particularly small children and a 20th century Bastiat might appreciate it. Heres a taste of Bastiat I copied onto my computer: Law was the collective organization of the individual right to lawful defense. [T]he common force that protects this collective right cannot logically have any other purpose or any other mission that 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. The law has been perverted by the influence of two entirely different causes: stupid greed and false philanthropy. . . [E]very 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 to 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. Like or love it? Youll like or love him. Offended and love Obamacare and federal governments growth? You will think he is a proto-wing-nut.

The one dissenter of the philosophers of his day. Bastiat considered the periods just before, during and after the French revolution. He has a very common sense and very practical God fearing thought process to mankind and the rules we make up while sharing his respect and admiration for the ways of God, the Creator.This man will help any American to see what is true and good about the Constitution for the United States. After all, France adopted our constitution shortly after we did. ~A United States born Natural person

I have not read this work for 45 years. I have a greater appreciation now in light of the current political and administrative State we live in today as opposed to any other time of my life. I a ‘Just’ society it should be required reading and adherence for judges and society as a whole. I doubt the population as it exist today would even come close to grasping the importance of ‘The Law’. Thus Liberty does not exist.

This read definitely shows the pitfalls of socialism. We should be careful of things we ask for.

I can’t believe I had never heard of and wasn’t taught this in school! Bastiat (1801-1850) laid out and explained the most fundamental and vitally important concept, that the law is simply justice, just before his prediction came true, I.e. the French Revolution. The parallels with what is happening right now in America is truly eerie! It’s as if the goals and methods that Bastiat explained about his government are identical to our current government. Reading this was like watching the Wizard of Oz when the curtain was pulled back, revealing that poor man who thought he was doing what was best. I realized that the true power of America is in our individual liberty and that protecting our liberty is the only true purpose of the law.

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.”

Bastiats perspective is relevant today and provides an in depth understanding of Law. He describes the difference between plunder and legal plunder, the later of which is destroying the foundation of America as solidified by our founding fathers in Constitution. To understand how the foundation is being eroding by legal plunder (none-the-less plunder) one must fully understand the impact of it. Bastiats The Law provides that understanding. Ive also downloaded the audio version and send it to friends regularly. To change what is going on in America we must understand what is really happening as our politicians make every effort to present everything as if it were a nice present wrapped up perfectly for out benefit...it is deceitful.

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