This being understood, let us examine this popular aspiration, which seeks to realize the general welfare by way of general plunder, and let us see what it is worth, whence it comes, and whither it tends.
The socialists ask us: "Since the law organizes justice, why should it not organize labor, education, and religion?"
Why? Because it cannot organize labor, education, and religion without disorganizing justice.
Do not forget that the law is force, and that, consequently, the domain of the law cannot legitimately extend beyond the legitimate domain of force.
When law and force confine a man within the bounds of justice, they do not impose anything on him but a mere negation. They impose on him only the obligation to refrain from injuring others. They do not infringe on his personality or his liberty or his property. They merely safeguard the personality, the liberty, and the property of others. They stand on the defensive; they defend the equal right of all. They fulfill a mission whose harmlessness is evident, whose utility is palpable, and whose legitimacy is uncontested.
This is so true that, as one of my friends remarked to me, to say that the object of the law is to make justice prevail is to use an expression that is not strictly exact. One should say: The object of the law is to prevent injustice from prevailing. In fact, it is not justice, but injustice, that has an existence of its own. The first results from the absence of the second.
But when the law, by the intervention of its necessary agent, force, imposes a system of labor, a method or a subject of education, a faith or a religion, its action on men is no longer negative, but positive. It substitutes the will of the legislator for their own will, the initiative of the legislator for their own initiative. They no longer have to take counsel together, to compare, to foresee; the law does all this for them. Intelligence becomes a useless accessory; they cease to be men; they lose their personality, their liberty, their property.
Try to imagine a system of labor imposed by force that is not a violation of liberty; a transfer of wealth imposed by force that is not a violation of property rights. If you cannot do so, then you must agree that the law cannot organize labor and industry without organizing injustice.
When, from the depths of his study, a political theorist turns his gaze on society, he is struck by the spectacle of inequality that it presents. He groans at the sufferings that are the lot of so great a number of our brothers, sufferings which appear even sadder by their contrast with luxury and opulence.
He should perhaps ask himself whether the cause of such social conditions is not ancient acts of plunder, effected by way of conquest, and more recent acts of plunder, effected by the intervention of the law. He should ask himself whether, granted the aspiration of all men towards well-being and self-fulfillment, the reign of justice would not be enough to set the forces of progress into rapid motion and to realize the greatest amount of equality compatible with that individual responsibility which God has ordained as the just retribution for virtue and vice.
Tuesday, February 8, 2011
They cease to be men
From Selected Essays on Political Economy by Frederic Bastiat.
No comments:
Post a Comment