latter. This latter is the mechanician who invents the machine; the former is merely the workman who sets it in motion."
What is Liberty?
“… And, in fact, what is the political work which we are endeavoring to promote? It is no other than the instinctive effort of every people towards liberty. And what is liberty, whose name can make every heartbeat, and which can agitate the world, but the union of all liberties, the liberty of conscience, of instruction, of association, of the press, of locomotion, of labour, and of exchange; in other words, the free exercise, for all, of all the inoffensive faculties; and again, in other words, the destruction of all despotisms, even of legal despotism, and the reduction of law to its only rational sphere, which is to regulate the individual right of legitimate defense, or to repress injustice?” In order for liberty to exist, Governments must be restrained to that for which they were created – repressing injustice, and little else.
Are Politicians Greater Than Us?
“This tendency of the human race, it must be admitted, is greatly thwarted, particularly in our country, by the fatal disposition, resulting from classical teaching, and common to all politicians, of placing themselves beyond mankind, to arrange, organize, and regulate it, according to their fancy.”
“… In general, however, these gentlemen, the reformers, legislators, and politicians, do not desire to exercise an immediate despotism over mankind. No, they are too moderate and too philanthropic for that. They only contend for the despotism, the absolutism, the omnipotence of the law. They aspire only to make the law.” And through the law, as Bastiat demonstrates, they work to accomplish their will, not necessarily the will of those they were elected to represent.
“… One of the strangest phenomena of our time, and one which will probably be a matter of astonishment to our descendants, is the doctrine which is founded upon this triple hypothesis: the radical passiveness of mankind,--the omnipotence of the law,--the infallibility of the legislator: this is the sacred symbol of the party which proclaims itself exclusively democratic. It is true that it professes also to be social. So far as it is democratic, it, has an unlimited faith in mankind. So far as it is social, it places it beneath the mud.” And here we are many generations later, seeing much of the same thing!
“… But when once the legislator is duly elected, then indeed the style of his speech alters. The nation is sent back into passiveness, inertness, nothingness, and the legislator takes possession of omnipotence. It is for him to invent, for him to direct, for him to impel, for him to organize. Mankind has nothing to do but to submit; the hour of despotism has struck. And we must observe that this is decisive; for the people, just before so enlightened, so moral, so perfect, have no inclinations at all, or, if they have any, they all lead them downwards towards degradation.” Isn’t this what we see in the United States now?
“And yet they ought to have a little liberty!” claim the politicians. But when we push for our liberty and ask “What sort of liberty should be allowed to men?” we are treated to their concerns: “Liberty of conscience? But we should see them all profiting by the permission to become atheists. Liberty of education? But parents would be paying professors to teach their sons immorality and error; besides, if we are to believe M. Thiers, education, if left to the national liberty, would cease to be national, and we should be educating our children in the ideas of the Turks or Hindus, instead of which, thanks to the legal despotism of the universities, they have the good fortune to be educated in the noble ideas of the Romans. Liberty of labour? But this is only competition, whose effect is to leave all productions unconsumed, to exterminate the people, and to ruin the tradesmen. The liberty of exchange? But it is well known that the protectionists have shown, over and over again, that a man must be ruined when he exchanges freely, and that to become rich it is necessary to exchange without liberty. Liberty of association? But, according to the socialist doctrine, liberty and association exclude each other, for the liberty of men is attacked just to force them to associate. You must see, then, that the socialist democrats cannot in conscience allow men any liberty, because, by their own nature, they tend in every instance to all kinds of degradation and demoralization.” And what a price we pay for giving up our liberties!
Bastiat goes on to ask the question we should ask of our legislators: “… The pretensions of organizers suggest another question, which I have often asked them, and to which I am not aware that I ever received an answer: Since the natural tendencies of mankind are so bad that it is not safe to allow them liberty, how comes it to pass that the tendencies of organizers are always good? Do not the legislators and their agents form a part of the human race? Do they consider that they are composed of different materials from the rest of mankind? They say that society, when left to itself, rushes to inevitable destruction, because its instincts are perverse. They pretend, to stop it in its downward course, and to give it a better direction. They have, therefore, received from heaven, intelligence and virtues which place them beyond and above mankind: let them show their title to this superiority. They would be our shepherds, and we are to be their flock. This arrangement presupposes in them a natural superiority, the right to which we are fully justified in calling upon them to prove.” Have they proved their natural superiority to you? They have not proven it to me.
“You must observe that I am not contending against their right to invent social combinations, to propagate them, to recommend them, and to try them upon themselves, at their own expense and risk; but I do dispute their right to impose them upon us through the medium of the law, that is, by force and by public taxes… To presume to have recourse to power and taxation, besides being oppressive and unjust, implies further, the injurious supposition that the organizer is infallible, and mankind incompetent.”
Law is Justice
“What is law? What ought it to be? What is its domain? What are its limits? Where, in fact, does the prerogative of the legislator stop? I have no hesitation in answering, Law is common force organized to prevent injustice; in short, Law is Justice. It is not true that the legislator has absolute power over our persons and property, since they pre-exist, and his work is only to secure them from injury. It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our works, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have as its lawful domain the domain of force, which is justice. And as every individual has a right to have recourse to force only in cases of lawful defense, so collective force, which is only the union of individual forces, cannot be rationally used for any other end. The law, then, is solely the organization of individual rights, which existed before legitimate defense. Law is justice. So far from being able to oppress the persons of the people, or to plunder their property, even for a philanthropic end, its mission is to protect the former, and to secure to them the possession of the latter. It must not be said, either, that it may be philanthropic, so long as it abstains from all oppression; for this is a contradiction. The law cannot avoid acting upon our persons and property; if it does not secure them, it violates them if it touches them. The law is justice.” How many fewer laws and regulations would exist if this simple understanding of law was followed?
“Depart from this point, make the law religious, fraternal, equalizing, industrial, literary, or artistic, and you will be lost in vagueness and uncertainty; you will be upon unknown ground, in a forced Utopia, or, which is worse, in the midst of a multitude of Utopias, striving to gain possession of the law, and to impose it upon you; for fraternity and philanthropy have no fixed limits, like justice. Where will you stop? Where is the law to stop?” And that is where we are today – where does it stop?
“Does it follow that, if we are free, we shall cease to act? Does it follow, that if we do not receive an impulse from the law, we shall rece
ive no impulse at all? Does it follow, that if the law confines itself to securing to us the free exercise of our faculties, our faculties will be paralyzed? Does it follow, that if the law does not impose upon us forms of religion, modes of association, methods of instruction, rules for labour, directions for exchange, and plans for charity, we shall plunge eagerly into atheism, isolation, ignorance, misery, and egotism? Does it follow, that we shall no longer recognize the power and goodness of God; that we shall cease to associate together, to help each other, to love and assist our unfortunate brethren, to study the secrets of nature, and to aspire after perfection in our existence?” And, of course, Bastiat is telling us, we do not need law to make us practice our religion, our association, our charity, our education, etc. We need freedom from the law to do those things as we see fit.
“Law is justice. And it is under the law of justice, under the reign of right, under the influence of liberty, security, stability, and responsibility, that every man will attain to the measure of his worth, to all the dignity of his being, and that mankind will
Notes from Frederick Bastiat’s Essays on Political Economy Page 3
