The Law

by Frederic Bastiat

Paperback, 2012

Status

Available

Call number

340.1

Collection

Publication

Laissez Faire Books (2012), 62 pages

Description

Law. Nonfiction. The Law was originally published as a pamphlet in French in 1850 by Frederic Bastiat. It is his most famous work and was written two years after the third French Revolution of 1848. It defines, through development, a just system of laws and then demonstrates how such law facilitates a free society. Bastiat was a French classical liberal theorist, political economist, and member of the French assembly. He was notable for developing the important economic concept of opportunity cost. He was the author of many works on economics and political economy, generally characterized by their clear organization, forceful argumentation, and acerbic wit. Born in Bayonne, Aquitaine, France, Bastiat was orphaned at nine and became a ward of his paternal grandparents. At 17, he left school to work in his family's export business. Economist Thomas DiLorenzo suggests that this experience was crucial to Bastiat's later work since it allowed young Frederic to acquire first-hand knowledge of how regulation can affect markets. When Bastiat was 25, his grandfather died, leaving the young man the family estate, thereby providing him with the means to further his theoretical inquiries. After the middle-class Revolution of 1830, Bastiat became politically active and was elected justice of the peace in 1831 and to the Council General in 1832. He was elected to the national legislative assembly after the French Revolution of 1848. His public career as an economist began in 1844 and was cut short by his untimely death in 1850.… (more)

User reviews

LibraryThing member KevinCK
Bastiat's "The Law" is an interesting analysis of the allure of staism. He starts by suggesting an uncontroversial line: theft is wrong. From here, he goes on to question why the state can do something that private individuals would be arrested for: take from people who are unwilling to give their
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property away freely.

From here, he shows that once the state does this, the practice will expand because once the people see that the government will steal from some, people clamor for the government to give - we call it redistribution - to them. From this is born the beast called interest-group politics. Everyone wants everyone elses goods funneled there way, and those who shout the loudest get it.

One must admit that Bastiat has pretty-well guessed right. What he wanrs is what has come to fruition today, especially in light of the expanding welfare state and bailouts.

The Law is not to be missed. It is clear, concise, and very well argued.
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LibraryThing member GaryWolf
Bastiat's most important work was probably "The Law." Published in the year of his death, it is a concise formulation of the case for classic liberalism, and a stern warning against the dark clouds of socialism that were descending upon Europe, particularly after the great upheavals of 1848.

Bastiat
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begins by clarifying the proper role of law in an enlightened Liberal society: the preservation of life, liberty, and property:

"If every person has the right to defend--even by force--his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus the principle of collective right--its reason for existing, its lawfulness--is based on individual right. And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute."

Bastiat explains how the collectivist agitation sweeping Western Europe in the mid nineteenth century sought to use the law for purposes well outside its purview. In a passage that sounds like it was written today, he laments this unfortunate turn of events:

"The law has been used to destroy its own objective: It has been applied to annihilating the justice that it was supposed to maintain; to limiting and destroying rights which its real purpose was to respect. The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense into a crime, in order to punish lawful defense."

One of the causes of this perversion of the law, says Bastiat, is greed. To satisfy his needs, man must labor. But needs can also be met by resorting to plunder, i.e., appropriating the fruits of someone else's labor. Socialism is nothing but generalized plunder, where groups who feel aggrieved enter the political process with the goal of using the law to steal from those they consider to be their oppressors.

What are the consequences of this trend?

"It would require volumes to describe them all. Thus we must content ourselves with pointing out the most striking. In the first place, it erases from everyone's consciousness the distinction between justice and injustice...The nature of the law is to maintain justice. This is so much the case that, in the minds of the people, law and justice are one and the same thing. There is in all of us a strong disposition to believe that anything lawful is also legitimate. This belief is so widespread that many persons have erroneously held that things are "just" because law makes them so. Thus, in order to make plunder appear just and sacred to many consciences, it is only necessary for the law to decree and sanction it."

Bastiat's words bring to mind the contemporary wave of legislation and adjudications in the realm of affirmative action. This is one of our own highly-developed methods of legal plunder, and it has done much to "erase from everyone's conscience the distinction between justice and injustice."

Taking the perversion of law to its logical extreme, Bastiat declares:

"By what right does the law force me to conform to the social plans of Mr. Mimerel, Mr. de Melun, Mr. Thiers, or Mr. Louis Blanc? If the law has a moral right to do this, why does it not, then, force these gentlemen to submit to my plans? Is it logical to suppose that nature has not given me sufficient imagination to dream up a utopia also? Should the law choose one fantasy among many, and put the organized force of government at its service only?"

On page after page, Bastiat picks apart socialist ideology, revealing its arrogance and its true intentions. I was particularly struck by the following passage, which carried the heading, "The Socialists Wish to Play God":

Socialists look upon people as raw material to be formed into social combinations. This is so true that, if by chance, the socialists have any doubts about the success of these combinations, they will demand that a small portion of mankind be set aside to experiment upon. The popular idea of trying all systems is well known. And one socialist leader has been known seriously to defend that the Constituent Assembly give him a small district with all its inhabitants, to try his experiments upon.

I conclude with Bastiat's clarion call for classic liberalism:

"Look at the entire world. Which countries contain the most peaceful, the most moral, and the happiest people? Those people are found in the countries where the law least interferes with private affairs; where government is least felt; where the individual has the greatest scope, and free opinion the greatest influence; where administrative powers are fewest and simplest; where taxes are lightest and most nearly equal, and popular discontent the least excited and the least justifiable; where individuals and groups most actively assume their responsibilities, and, consequently, where the morals of admittedly imperfect human beings are constantly improving; where trade, assemblies, and associations are the least restricted..."
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LibraryThing member idde
Bastiat's "La Loi" is undoubtedly an interesting read, for those already of a libertarian-dispostion, and for others curious about the ideas and arguments of those who advocate a limited government. The arguments put across by Bastiat, however, did not win me round to the completely libertarian way
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of thinking.

The book is certainly short, serving more as an introduction to the ideas of liberty, property and the role of government. However, the style the book is written in makes it difficult to pick out some of the more complex arguments, and makes the book quite boring at times. However, it is worth reading as the actual essay is fairly short.
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LibraryThing member RonManners
France of 1 850 was in political turmoil. in the aftermath of the revolution of 1848. the tide of socialism was sweeping the nation.
One man stood alone against the tide.
The precocious son of a merchant, Frederic Bastiat devoured the writings of free-trade economists such as Adam Smith and
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Jean-Baptiste say. rejecting the popular notions of his day, Bastiat began to speak and write against ideas he believed were undermining natural harmonies of interest among men.
The precocious son of a merchant, Frederic Bastiat devoured the writings of free-trade economists such as Adam Smith and Jean-Japtiste say. rejecting the popular notions of his day, Bastiat began to speak and write against ideas he believed were undermining natural harmonies of interest among men.
First as an orator and essayist, later as a member of the legislative assembly, he became known for withering logic and devastating wit.
He also became isolated politically. the struggle between left and right was for power and plunder. yet Bastiat believed that the only purpose of government was to guarantee individual rights and freedom.
The state." he declared in perhaps his most memorable epigram, 'is that great fiction by which everyone tries to live at the expense of everyone else."
published in the last year of his brief, embattled life. the law is bastiats most famous work - and justly so. a masterpiece of style, brevity and common sense, the law concisely presents the classic moral case for liberty and limited government. in persuasive power and enduring impact.
It ranks with the great essays of John Stuart Mill and Thomas Paine. for more than a century. the law has been changing the thinking of thousands about the relationship of man and state. here again is Frederic Bastiats ringing challenge to the dominant political forces of his day and our own."
Taken from the Dust Jacket.
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LibraryThing member scartertn
A classic view of politics. This is another book that our current politicians should read carefully. Bastiat was absolutely correct when he said that "Law is justice" and that its primary purpose should be protect rights and not to dictate actions.
LibraryThing member PastorBob
One of the fundamental 19th century texts for understanding why communism and socialism are total failures and wholly and irretrievably immoral in application. Bastiat describes the basis for stable government, and explains why liberty is tied to theological, economic, and political ideas.
LibraryThing member fulner
I was greatly greatly disappointed by this audio book. Like most writings of the 19th century I have read lately, this one was clearly written for an audience with a much larger attention span, and much more educated than the average 21st century American. I felt like Bastiat kept repeating the
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same thing over and over again. I'm not sure how much of this is true, and how much of this was the fact that I learned this particular MP3 CD exposed a bug in the radio in my VW. At one point, I learned, that my CD starts over at 27 minutes into the track regardless of where it left off. However, the fact it took several ignition cycles for me to figure this out indicates how uninteresting this book was. I had high hopes, I had friends indicate to me that this was the great Catholic Anarchinst novel. Bastiat i wouldn't take to be an anarchist after "reading" this and although he may be a Catholic, he didn't seem to be much of one either. I can some up this whole book as, the law is only valid if it protects individual rights, that what ever other libertarian says, nothing "new" here.
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LibraryThing member Davraena
Filled to the brim with bright wonderful words. Bastiat is a shining example to all ages. Sets the thinking gears in motion on what are laws, and why do they eist, and what is our relation to them.
LibraryThing member benkaboo
Summary: Small government is good government. I mean really small. You should pretty much trust individual people and groups unregulated by law to take care of most of the stuff the current Australian Government does on our/their behalf.

Things I liked:

Interesting argument

Plenty of
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examples/quotes

Amusing, kind of sarcastic style.

Things I thought could be improved:

Could have spent more time identifying and engaging opposing ideas.

Probably would have been good to to acknowledge some weaknesses in his arguments or unanswered questions requiring further investigation (he came off as a bit of know it all).

Highlight:

Probably the bit where he says our mistake isn't in admiring the leaders in the past, its in thinking we can't do any better.
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LibraryThing member Aidan767
I a must read for every man wanting to be a productive member of the Kingdom.

Original publication date

1850

ISBN

0983541485 / 9780983541486
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