This is the book that Ron Paul said people should read when he was being being grilled by three state Attorney’s General on Fox News. I knew Bastiat as an economist, but hadn’t known that he did any general work on political economy, so I picked this book for our 2012 reading list. It was a joy to read.
When Bastiat speaks of “the Law”, he is referring not to any one particular law, but to the system of codes, rules and regulations that we are to live by as imposed on us by a government. Government is force. And the rules it forces you to obey, taken as a whole, are “the Law.” This is the subject of the book.
His premise is simple, and he repeats it often: “The law is justice.” It’s not anything else. The appropriate use of law is the protection of life, property and liberty. Because these things preceded the law, the law will always be metaphysically subordinate to them. When the law steps outside of that narrow vision, it creates injustice, in violation of it’s nature. This is his argument in a nutshell. He starts this way:
We hold from God the gift which includes all others. This gift is life — physical, intellectual, and moral life.
But life cannot maintain itself alone. The Creator of life has entrusted us with the responsibility of preserving, developing, and perfecting it. In order that we may accomplish this, He has provided us with a collection of marvelous faculties. And He has put us in the midst of a variety of natural resources. By the application of our faculties to these natural resources we convert them into products, and use them. This process is necessary in order that life may run its appointed course.
Life, faculties, production — in other words, individuality, liberty, property — this is man. And in spite of the cunning of artful political leaders, these three gifts from God precede all human legislation, and are superior to it. 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.
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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.
–Frederic Bastiat, The Law
He goes on to define property as that which is obtained by labor, and plunder as that which is taken by force from the labor of others. The main thrust being that if an individual can’t, by law, do a certain thing, then government (the will of many individuals) can’t do that thing either. In this context, taxation is “legal plunder”, war is legal murder, etc.
What does he say about the state of post-civil war America?
…look at the United States [in 1850]. There is no country in the world where the law is kept more within its proper domain: the protection of every person’s liberty and property. As a consequence of this, there appears to be no country in the world where the social order rests on a firmer foundation. But even in the United States, there are two issues — and only two — that have always endangered the public peace.
What are these two issues? They are slavery and tariffs. These are the only two issues where, contrary to the general spirit of the republic of the United States, law has assumed the character of a plunderer.
Slavery is a violation, by law, of liberty. The protective tariff is a violation, by law, of property.
It is a most remarkable fact that this double legal crime — a sorrowful inheritance from the Old World — should be the only issue which can, and perhaps will, lead to the ruin of the Union. It is indeed impossible to imagine, at the very heart of a society, a more astounding fact than this: The law has come to be an instrument of injustice. And if this fact brings terrible consequences to the United States — where the proper purpose of the law has been perverted only in the instances of slavery and tariffs — what must be the consequences in Europe, where the perversion of the law is a principle; a system?
–Frederic Bastiat, The Law
Ron Paul was right. This is a truly great book. There are a million quotes I could paste in here. Too many. It will, at the very least, give you a better understanding of Ron Paul’s own philosophy of government.