The Law

Please Quit Reading Things At Face Value! In the 1830s and 1840s, the trans-Atlantic countries marked a universal resistance to the Imperial British Free Trade System. You had the German Zollverein (meaning toll union) of the minor Germanic states growing and solidifying their unity into a modern nation-state and (non-coincidentally) experiencing a German renaissance, France was pursuing a protectionist policy after a long a ruinous war, as was the USA after the collapse of 1837 and the 1840 election of William Henry Harrison (the Protectionist-leaning war hero candidate), Russia (Britains chief European rival all throughout the 19th century) was also setting strong import tariffs and building its own productive powers. This era had such famous advocates of the American System as Henry C. Carey, Friedrich List (who was a German national and also a key supporter and primary supporters for the Zollverein), Henry Clay (the living legend) was still fighting for the American System, and the administrations of James Monroe and John Quincy Adams were still fresh in the minds of the people, they knew what is crudely defined in modern parlance as protectionism worked, because they had seen the stark contrasts between the those above mentioned presidencies and the Andrew Jackson, Andrew Jackson, Martin Van Buren terms that they just survived. In fact, the Imperial British Free Trade model was so destructive that John Baynard Byles, an Englishman, and later knighted, did his best to dispel the toxic mass of sophistry and dogma that was and is the Free Trade school in 1849. (It seems as if the false - and politically and intentionally concocted to be false, for the achievement of political objectives - doctrines of Adam Smith, Thomas Malthus and David Ricardo all had `backfired, creating a `feedback loop within the British Intelligentsia. That is, the British Imperialists that funded, promoted and wrote this doctrine to poison the rest of the worlds economic discussions and destroy their Politico-Economic relationships had since fell out of public life, or had died, as Smith, Malthus and Ricardo had long since left the worlds stage; and their intellectual descendants didnt realize that these doctrines were never actually meant to be taken seriously as much as meant to mask British Imperial trade policy and global hegemony geo-politics in cosmopolitan and academic language. In short, the `joke of Free-Trade had gone on long enough to become real.) (Read J.B.B.s landmark work The Sophisms of Free Trade, you can find the free PDF online or buy the book for $30ish dollars.) At this time, the People of the United Kingdom were tired of the domestic race-to-the-bottom, the UKs domestic ever decreasing standard of living (for the productive classes), the crime, the impoverishment, the wage-slavery, the foreign wars and genocide that were waged with British lives for the continued exploitation of the 3rd world by the ruling ultra-elite baron-oligarchs of Britain; meanwhile, fortunes were ruined in Australia and Canada was vacillating on leaving the Imperial Domain of Britain - something was desperately needed to be further concocted to maintain the existing Imperial hegemony of Britain. Does any of this sound the slightest bit familiar to you in our modern times? If the ruling oligarchs of Britain wished to continue their system of extreme exploitation of the world and continued accumulation of extreme uber-wealth that baffles the most fertile imaginations abstractions of the word greed (and they did very much intend to do so), then they needed some type of countervailing ideological force to do what no army or foreign policy could ever do alone: change public opinion. Any obscure or discredited hack, any polemical scribbler of the time in the world that would write either knowingly or unknowingly in line with destroying the National Economic Systems of Germany, Russia, France and the United States would have sudden and very powerful friends that would see the world they saw it and be willing to give them ample resources in promoting their ideology. (No coincidence that this is what we saw with Milton Friedman, FA Hayek, Mises and Hazlitt later in history.) In the zero sum game of Imperialism, it did not matter that these targeted countries protectionism actually increased gross trade between all nations; Imperialism, as such, is reason and guile employed in the pursuit of completely unreasoning goals and serving anti-reasoning vices. These countries represented a conquest, something outside the power of the British Oligarchy and they intended to bring it back under their control and oppression. Frederic Bastiat, someone whose father owned a business in France under the despotic, autocratic Napoleon; a Napoleon who tried to build up the continental powers of his domain with a bunch of flawed and poorly considered Protectionist policies (as Friedrich List illustrates the failure of these in his System of Political Economy) was surely a natural ally of those British Imperial Oligarchs who intended to save their system of globalized rape, exploitation and genocide - albeit perhaps for dissimilar ends than Bastiats own justifications and intentions, but the means were just the same. Just as Adam Smith, the idealist dreamer, was employed in founding the School of Free Trade under the employ of British elites, and therefore became a British Imperial champion and lionized hero to those classes in Britain; Bastiat would work in this infamous and grand tradition. Bastiat was perhaps the first popularized `Libertarian, at least one of the most prominent when we look back at this timeframe. The language and doctrines of Classical Liberalism as abused by Smith, Ricardo and even Malthus was more academic and more `stuffy in terms of its writing style. It was more convoluted and the tricks and word-games required to fool (or provide a `cloak for those willing to go to work for this Imperial System) its adherents were much more advanced. Libertarianism, as pioneered by Bastiat and his ilk, took the same underlying theories of Man and Society as obfuscated and obliterated in the Classical Liberal Tradition and made it for the masses of people. Easily digestible for the average person at the time. The language is more populist. The authors examples and writing style are bombastic and devoid of any study of ancient history as Smith and Malthus entertained in their writings. This all was happening, mind you, just in time to give another `shot-in-the-arm for the poison of Democracy, as it continued rotting out the USAs republican virtues. This is a very rough sketch of the geo-political environment that Frederic Bastiat was writing in. As for the book directly: This type of parlor-trick ideology frequently employs words that sound inflammatory, and are never rigorously defined, but nevertheless arm the victim of the ideology (that is, the person believing it) with a host of rhetorical ammunition. F.A. Hayeks favorite was collectivism, F.B.s appears to be plunder. To any transfer of wealth to anyone within the system is considered plunder if and only if the government is compelling the transfer, this is, of course, regardless of governmental purpose. He turns history on its head, the most protectionist nations (that is, nations that agreed that their free people wouldnt be allowed to compete with foreign wage-slaves or literal slaves) historically grew the most industry and most powerful; this is not surprising whatsoever to non-ideologues who look at history and understand the American School (which is really little more than the Historical School, that is, in trying what has been proven to work). If import tariffs always constituted a form of plunder then how would we rectify this contradiction? How would the most plundered nations somehow be, after decades of being plundered be stronger and more prosperous every year they were being plundered? Henry C. Carey in his book, The Harmony of Interests illustrates with the actual production statistics that every move toward the Imperial Free Trade policy saw a diminution of production and every move toward reasonable Protectionism a rise in production, property values, farm prices, wages, etc. (basically all the indicators of prosperity). To F.B., monopolies, labor exploitation, cartels, oligopolies, these are irrelevant - only the government is the enemy and prime mover of injustice. Even something as contemporary as the LIBOR scandal are another testament to the eternal falsehood of this ideological position. Not to be accused of miss-summarizing F.B.s work, well take a passage from the book. Every page is filled with intellectual dishonesty and sophistry used to bring back a system of totalitarian feudalism, so it shouldnt be too hard to find something to object to; let us pick a page at random, with my comments parenthetically appended. Here we go: Try to imagine a form of labor imposed by force, that is not a violation of liberty; a transmission of wealth imposed by force, that is not a violation of property. If you cannot succeed in reconciling this, you are bound to conclude that the law cannot organize labor and industry without organizing injustice. {{Here we see a primordial Non-Aggression Principle argument, which is basically a Neanderthal-level of social philosophy . The NAP is a pillar of Libertarianism, Murray Rothbard said it was the primary morality of the system, and is so ridiculous that it despairs me to think that it needs to be refuted. But, the intellectual acumen of the modern man being what it is, heres the short version. The Government is the enforcer of the Law. The Law is the system of organized Justice (F.B. admits this). Justice is a tricky subject, Plato said that it is easier to define what is not just than what it is. Justice has some universal characteristics but the actual enactment of it changes as cultures change, and technology brings new realities to bear and so on. The systems in question are ever changing and therefore the Law should adjust to meet these challenges. The Law must be written in accordance with that sense of Justice is, this gives you the Legislative; the Law must be interpreted when it has been found to be violated, this gives you the Courts or Judicial; the Law must be enforced, this gives you the Executive, district attorneys, police, F.B.I, etc. Seeing as the Law, if to be enacted with the greatest possible alignment of Justice should be controlled by the same institution. That is, you dont want, because it is impossible to have, multiple independent Legislative, Judicial and Executive groups speaking for the same population. This institution is trusted, yes, with a monopoly of power; for how possibly could you have a duopoly of power? A cartel of power? Wouldnt anything but the monopoly of power, held in check by Law and what the present societal reflection of what Justice is, be at best completely arbitrary and at worst completely tyrannical? It is this question of how to align the Law with the system of Justice that has occupied the minds of the greatest philosophers of all time. This is the best that theyve come up with; does anyone think that they can rigorously define a better system? If so, please enlighten us.}} Continued: When, from the seclusion of his office, a politician takes a view of society, he is struck with the spectacle of inequality that presents itself. He mourns over the sufferings that are the lot of so many of our brethren, sufferings whose aspect is rendered yet more sorrowful by the contrast of luxury and wealth. He ought, perhaps, to ask himself whether such a social state has not been caused by the plunder of ancient times, exercised in the way of conquests; and by plunder of more recent times, effected through the medium of the laws? He ought to ask himself whether, granting the aspiration of all men to well-being and improvement, the reign of justice would not suffice to realize the greatest activity of progress, and the greatest amount of equality compatible with that individual responsibility that God has awarded as a just retribution of virtue and vice? He never gives this a thought. His mind turns towards combinations, arrangements, legal or factitious organizations. He seeks the remedy in perpetuating and exaggerating what has produced the evil. For, justice apart, which we have seen is only a negation, is there any one of these legal arrangements that does not contain the principle of plunder? {{He claims that the statesmen shouldnt consider past injustice and attempts to rectify it, but of course, how does this surprise anyone? Why should the Statesmen entertain FBs bias over simply examining `what is in the system? FB proudly proclaims: Dont look at history for any causes of injustice! That was gods just retribution of virtue and vice! This is basic Apologetics for Oligarchy 101, who themselves are married to the past and attempting, at all times, to abort the future. This also denies that there is anything that could be considered The Public Good, or as the US Constitution put it The General Welfare. This is simply a rhetorically brilliant and literarily dashing way to blame the victims for any injustice. It tells the statesmen to not concern themselves with fairness, equality, equity or even the survival of the nation and people; but that everyone is where they are because they deserve it. (This doesnt square with F.B.s assertion that the Law is organized Justice, but who cares? The essay is filled with contradictions.) This of course implies that all the elite oligarchs shouldnt be touched or even considered, they simply want to feed off of society, not contribute to it, and surely not pay for any moral or legal infractions that they have caused. In human affairs and social systems you are never starting from a blank slate, but from what presently exists. F.B.s cosmopolitan theorizing never admits this, that is, his theories never take into account that what might presently exist might be unjust. Would one consider it unjust that certain British elites had accumulated astronomical fortunes using the blood and sweat of the people of that country? Would F.B. claim it was unjust to imprison a murderer? Does this not deprive them of their property? What if such wealth was known to be accumulated from foreign genocide (India) and dope pushing (China) by agents and operatives of the East Indian Trading Company (as David Ricardo was in leadership of during his lifetime)? If the corporation, in this case the East Indian Trading Company, and its principles or owners couldnt be held personally liable for these actions then why is it unjust if the law simply reclaims a portion of that ill-gotten wealth if not revoking their corporate charter? What about the French elites, are their hands completely clean? Were no fortunes amassed or confiscated during the Napoleonic Wars that were unjust? F.B.s ideology presupposes some eternal arbiter or system of pristine governance, for it supposes that any injustice can only occur due to an injustice law; and that past injustice is beyond the scope of The State to bring back into alignment. The Why? to which FB supports his claims & justifies his arguments is wholly lacking in merit and brazenly politically motivated.}} Continued: You say, There are men who have no money, and you apply to the law. But the law is not a self-supplied fountain, whence every stream may obtain supplies independently of society. 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. If everyone draws from it only the equivalent of what he has contributed to it, your law, it is true, is no plunderer, but it does nothing for men who want money--it does not promote equality. It can only be an instrument of equalization as far as it takes from one party to give to another, and then it is an instrument of plunder. Examine, in this light, the protection of tariffs, subsidies, right to profit, right to labor, right to assistance, free public education, progressive taxation, gratuitousness of credit, social workshops, and you will always find at the bottom legal plunder, organized injustice. {{And finally, the targets come into view... In this above quote, we see that F.B. wants us to believe that the system of money is above that of the sovereign will of the people. That is, that the state-created, artificially (by F.B.s definition of the word) constructed and , wholly metaphysically fictitious system of money should be effectively above the will of the people, the wisdom of the culture, the traditions and entirety of the past labor, creativity, infrastructure of the society and all its people should be slaves to whomever happens to dominate the system of money at the time. Those being, of course, Fredrics new friends. The political goals of this ideology are intellectually dishonest and corrupt in a way that is so nakedly transparent that I baffles me that people are fooled by such things. To F.B., the people should be slaves to a system of their own creation; why it is this system (of money) and not another is because hes in alignment and championing for their position: the rule by the moneyed elite (oligarchy). Just as anything else would be as absurd to arbitrarily define as being above everything else in the society. Here we also see the targets of this ideology, all benchmarks of progress, creating the rough level of equal opportunity and equality that either a Republic will live or die without, and yet all these things that F.B. decries weaken the power of the ruling class in favor of the laboring and upcoming generation.}} If one cannot see that what F.B. advocates for what we would call today Fascism or Feudalism, then you really have no business concerning yourself in these matters. Please take up other pastimes. This pamphlet preaches an ideology so banal and barbaric, when one is able to see through the sophistical and convoluted language to which he intentionally tries and buries his own truly plundering intentions. He is a representative of the truly plundering class. This is philosophy for intellectual Neanderthals who are easily conned by flowery and superfluous language that is always dodging and running away from itself in the attempt to avoid concrete discussions of policy and actual understanding. It is imperative that, in this late day of history, that you dont fall for it.

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 found this an excellent review of historical thinking prior to the industrial revolution. As I read books written in the 1800s I see the thoughts of the time. Unfortunately, most writers did not take into consideration that our various civilizations, and cultures came about on the backs of slaves. Slavery allowed the Greek Republic to bloom before Christ. I believe most just assumed that slavery though wrong, was a necessary evil. However today we face a different reality, we still have slavery but we no longer need it to build culture, due to robotics and automation. We need to change the law, not to take from the rich and give to the poor, but to provided incentives for the people who own the factors of productions (companies, stocks, and resources) to share these resources via ownership transference to the common worker, and not to the state, as in socialism. I think as a people we can make this happen without a violent revolution, because if we can not have full employment in the future, how does the common person purchase the goods and services available. I would state that improvements in technology, along with automation and robotics will eventually eliminate most jobs.

Law is justice. Though written in 1850, this persuasive argument for Natural Law and the free market by French economist, Frédéric Bastiat is, still, absolutely relevant today. What is the solution for a freer more prosperous society, limited government or, the socialistic, legal plunder of wealth that is growing like a cancer across our great nation? Three factors that are crucial, as quoted from Thomas DiLorenzo in the forward: Bastiat believed that all human beings possessed the God-given natural rights of `individuality, liberty, [and] property. And, from Bastiat himself: The mission of Law is not to oppress persons and plunder them of their property, even though the Law may be acting in a philanthropic spirit. Its mission is to protect property. As a personal witness of corrupt law, he quotes varied interventionists throughout history followed by an argument against, at times with a touch of sarcasm. Personality, liberty and property are superior to all human legislation; it is not because men have made laws that these exist, for they existed since the beginning. This God given Law (Natural Law) reaps prosperity, however, as we have seen, it can also be perverted. A Good accompaniment: Lex Rex by Samuel Rutherford

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

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!

Its amazing that something written around 1850 would be so prophetic, with feelings of deja vu every other page. A must read for anyone interested in keeping the heavy hand of the state off our backs, and in preserving individual choice in our lives. The prose is, of course, mid-19th century, and the country he discusses is the France of that time, with the Socialists having come into view, but it is entirely relevant to America from about 1930 onwards, particularly now when the Socialists (still here in spite of their historic failures) are in charge.

Nothing to say, except that these are truths long forgotten.

Good thought provoking book. Definitely one to have on your bookshelf.

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.