The Law
by Frederic Bastiat

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Book Reviews of The Law

Book Review: A 19th Century Writer Gives Birth To 21st Century Ideology
Summary: 5 Stars

Written in 1850, just two years after the French Revolution of 1848, the Law is part treatise and part polemic, an appeal to the French people reminding them of the proper sphere of the law and government and begging them to turn away from their descent into socialism. The Law is also a summary of much of what Bastiat considered to be important from his own work; at the time The Law was written he was very sick, and he would be dead within a year of its publication. As a French patriot, Bastiat was deeply moved by the disintegration he saw in French society.

As the last vestiges of the class-society were replaced and the new "democratic" order was being instituted, the State was more and more being used as a means by which groups of citizens (special interests) could plunder one another through taxes, transfer payments, tariffs, etc, committing what Bastiat calls "legal plunder." As he saw it, the law was being perverted into a so-called "creative" entity, through which controlling groups would seek to enforce their particular agendas at the expense and through the pocketbooks of the people in general.

Bastiat argues that the law should be properly viewed as the formal embodiment of Force. That is, human laws should be the organized and formal construction of justice. Just law, he says, is nothing more than the organization of the human right to self-defense. This is a surprisingly narrow definition, perhaps almost too narrow to be truly useful. But I can imagine that Bastiat wouldn't have seen much moral value in the philosophy of pragmatism; he certainly would have made a bad present-day politician, a "flaw" which I find highly admirable.

Bastiat is revered by many modern libertarians as one of the founding fathers of their ideology, and rightly so. But it seems to me that his work is more accurately anarcho-capitalist than libertarian. To say that Bastiat is arguing for "limited" government is a gross understatement. In fact, Bastiat seems instead to be arguing for the abolition of most all of what today we would call The Government. Many libertarians, for example, probably wouldn't argue the abolition of all forms of taxation on moral grounds. Personally I appreciate his definition of plunder as "...tariffs, protection, benefits, subsidies, encouragements, progressive taxation, public schools, guaranteed jobs, guaranteed profits, minimum wages, a right to relief, a right to the tools of labor, free credit, and so on, and so on..."

Obviously although Bastiat may not share the views of modern libertarians in every respect, they have much to respect in him. And of course, the average economic and social liberal won't care for him at all, as he makes a special point of going after the vast majority of liberal sacred cows. But more surprisingly, the Religious Right should be wary of taking Bastiat on as too great of an ally. Although Bastiat and his book have been instrumental in forming many right-wing/libertarian ideas about free markets and the proper role of government, Bastiat argues forcefully against the use of the law as a tool for the shaping of moral values. Jerry Falwell and Bastiat are notably out of step with one another. I can imagine that Bastiat would not have much use for the Congressional institution of days of prayer, or for teacher-led prayer in the public schools he so despised, for anti-drug and pro-abstinence programs, or for the ministerial functions that many politicians have sought to usurp.

Conservatives have an unfortunate habit of revering political figures. But as Bastiat says, "There are too many 'great' men in the world--legislators, organizers, do-gooders, leaders of the people, fathers of nations, and so on, and so on. Too many persons place themselves above mankind; they make a career of organizing it, patronizing it, and ruling it."

Bastiat didn't believe in the inherent value of rulers of men. Many conservatives hope that their sons will grow up to be leaders in a political sense. Bastiat believed that we would be better served if more people sought to be useful, productive, inventive and moral, instead of trying to lead all the rest of society. Society will function much more desirably when we relinquish the desire for power over our fellow men, and instead seek power over our own actions.

Although Bastiat's views on law and government may be too simplistic and dated to be implemented literally in a modern society, I believe that there is still much instruction to be had from this book. I would highly recommend it to anyone interested in developing an understanding of the roots of modern libertarian thought.

Reference Books

• Books > Subjects > Law > Law Practice
• Perspectives on Law > Jurisprudence