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The Law
How is it that the law enforcer itself does not have to keep the law? How is it that the law permits the state to lawfully engage in actions which, if undertaken by individuals, would land them in jail? These are among the most intriguing issues in political and economic philosophy. More specifically, the problem of law that itself violates law is an insurmountable conundr...more
61 pages
Published
(first published 1850)
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While I agree with Bastiat entirely, the way that he has presented "the classic blueprint for a just society," is exactly why people who lean more towards socialist ideas scoff at those who are for capitalism, economic stability, and most importantly honoring the fundamentals of the need for law: to protect life, liberty, and property.
The first chapter started out wonderfully, articulately and simple. It was accessible and easy to understand and apply. I was excited as I hoped to share this with...more
The first chapter started out wonderfully, articulately and simple. It was accessible and easy to understand and apply. I was excited as I hoped to share this with...more
Mar 13, 2008
Brenda
rated it
4 of 5 stars
·
review of another edition
Recommends it for:
ALL who love Freedom
the same situation exists in America today as in the France of 1848
Socialists desire to practice legal plunder, not illegal plunder. Socialists, like all other monopolists, desire to make the law their own weapon. And when once the law is on the side of socialism, how can it be used against socialism? For when plunder is abetted by the law, it does not fear your courts, your gendarmes, and your prisons. Rather, it may call upon them for help.
Limited legal plunder: This system prevailed when the...more
Socialists desire to practice legal plunder, not illegal plunder. Socialists, like all other monopolists, desire to make the law their own weapon. And when once the law is on the side of socialism, how can it be used against socialism? For when plunder is abetted by the law, it does not fear your courts, your gendarmes, and your prisons. Rather, it may call upon them for help.
Limited legal plunder: This system prevailed when the...more
I listened to this as an Audiobook and just now remembered that I have not added it to my collection. This is a reminder that I need to read it in print. It's a foundational book for anyone interested in the philosophy of Politics (with a capital "P") and wanting to understand whence comes any legitimacy of the Law itself. Hint: Much of what purports now to be legitimate law is not, per Bastiat. Only the truly heroic dare flout it, but the rest of us obey illegitimate law only out of fear of the...more
Bastiat makes a brief and very concise argument for government limited to protecting life, liberty, and property. Anything else, he argues, constitutes a use of force that could not be morally used by individuals, and thus could not be used by a collection of individuals (government). This theory, for better or for worse, assumes that the state is an artificial rather than natural institution.
Questions of taxation, minarchy vs. anarchy, and voluntary vs mandatory defense unions are left as exerc...more
Questions of taxation, minarchy vs. anarchy, and voluntary vs mandatory defense unions are left as exerc...more
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 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...more
Bastiat 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...more
Fiery, passionate writing that actually makes sense? How can it not be five-stars? And how dare we expect less from the great Mr. Bastiat?
His message really is simple: that the law is made to protect individual liberty so by God, why should it be used for any other purpose?
"It is not because men have made laws, that personality, liberty, and property exist. On the contrary, it is because personality, liberty, and property exist beforehand, that men make laws. What, then, is law? ... It is the...more
His message really is simple: that the law is made to protect individual liberty so by God, why should it be used for any other purpose?
"It is not because men have made laws, that personality, liberty, and property exist. On the contrary, it is because personality, liberty, and property exist beforehand, that men make laws. What, then, is law? ... It is the...more
I couldn't help reading this and thinking that this is the kind of thing nut jobs will read and use as an excuse to rebel against the government. As a historical document, this little pamphlet is superb. Mid-1850s France looking at the coming Civil War in the States and the failed French Revolution, but as prescient as Bastiat can be, he misses the next centuries World Wars and technological leaps forward and his theories on Justice just don't hold up. As a way of thinking about the law in moder...more
One of the greatest manifestos I've ever read.
When it comes to Bastiat's works, I am very biased indeed. He is, after all, the one who inspired me to major in economics and become interested in economics at all.
This book, however, has very little to do with economics. Instead, Bastiat, living in 19th century France at the time, makes his case for liberty. The same kind of liberty that America enjoyed throughout most of the 19th century. He repeatedly defines what the only legitimate purpose of g...more
When it comes to Bastiat's works, I am very biased indeed. He is, after all, the one who inspired me to major in economics and become interested in economics at all.
This book, however, has very little to do with economics. Instead, Bastiat, living in 19th century France at the time, makes his case for liberty. The same kind of liberty that America enjoyed throughout most of the 19th century. He repeatedly defines what the only legitimate purpose of g...more
In Bastiat’s “The Law” he describes how the government should not provide education. Bastiat keeps on talking about how the government should not provide education. Bastiat says that: the only function of law should be to protect property and people.
What would happen in America if this was applied?
What would people do if all the public schools shut down?
People would be upset. There would be public demonstrations because it has been that way for 70 years. People would be afraid of finding prope...more
What would happen in America if this was applied?
What would people do if all the public schools shut down?
People would be upset. There would be public demonstrations because it has been that way for 70 years. People would be afraid of finding prope...more
This 40+ page volume packs quite a punch. Bastiat's basic idea is common to classical liberalism - that any state that goes beyond defending people and property, and gets into direct or indirect redistribution becomes a vehicle for plunder. And, as such - particularly in a democratic system - it is virtually inevitable that interest group politics will develop, with each group vying for the 'right' to plunder others and give themselves the wealth. Tarrifs benefit a particular industry at the exp...more
Just like his other short essays (The Candle-maker's Petition and the Broken Window Fallacy), this book provides some of the basic tenets of a true capitalistic society. It is written at a time when this kind of economic belief was new to the American experiment and was revolutionary in its simplicity. Bastiat perfectly describes the way "Law" is used to enrich and enable on part of the population at the expense and detriment of the other. He then goes on to layout how proper adherence to the la...more
Same issues we face with creeping socialism were denounced in 1850 by this man in France .............
"But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.
Then abolish this law without delay, for it is not only an evil itself, but also it...more
"But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.
Then abolish this law without delay, for it is not only an evil itself, but also it...more
amazon review:
The Law was originally published in French in 1850 by Frederic Bastiat. It was written two years after the third French Revolution of 1848. From Wikipedia: Claude Frédéric Bastiat (29 June 1801 – 24 December 1850) 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. Bastiat was born in Bayonne, Aquitaine, France. When he was nine years old, he was orphaned a...more
The Law was originally published in French in 1850 by Frederic Bastiat. It was written two years after the third French Revolution of 1848. From Wikipedia: Claude Frédéric Bastiat (29 June 1801 – 24 December 1850) 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. Bastiat was born in Bayonne, Aquitaine, France. When he was nine years old, he was orphaned a...more
This short essay is one of the best arguments on the purpose of law and government that I have ever read. Though it was first published in 1850, you might think it came out of the mind of some present day "Tea Party" conservative or the Heritage Foundation think tank.
In a nutshell, Bastiat presents the purpose of law--all law: "Law is justice." Just that, nothing more. "Its [proper] mission is to protect the people, and to secure to them the possession of their property." Any government legisla...more
In a nutshell, Bastiat presents the purpose of law--all law: "Law is justice." Just that, nothing more. "Its [proper] mission is to protect the people, and to secure to them the possession of their property." Any government legisla...more
Written by TJ Lawrence
Tuesday, 09 February 2010 01:52
The Law, a book authored by French economist, politician and political theorist Frederic Bastiat was originally published as a pamphlet in the final year of Bastiat's life having died in December of 1850 while suffering from tuberculosis. The Law, originally written in French during a time when France was rapidly turning into complete Socialism was entitled La Loi, the book has been translated into English, published several times since its...more
Tuesday, 09 February 2010 01:52
The Law, a book authored by French economist, politician and political theorist Frederic Bastiat was originally published as a pamphlet in the final year of Bastiat's life having died in December of 1850 while suffering from tuberculosis. The Law, originally written in French during a time when France was rapidly turning into complete Socialism was entitled La Loi, the book has been translated into English, published several times since its...more
I believe EVERYONE should read this short little book. It so clearly states what the law (government) should do, and what the law should not do. If someone desires FREEDOM in their life, they should take to heart what is presented in this very readable book. While written in 1850 (by a Frenchman!), I have never found a more clear, succinct writing on this subject.
It is in from this book that I learned an appropriate phrase for taxes: Legal Plunder. I understand now how individuals can not give t...more
It is in from this book that I learned an appropriate phrase for taxes: Legal Plunder. I understand now how individuals can not give t...more
Brilliant! What a revolutionary thinker... written in 1850 but the ideas are timeless. With the exception of the idea that atheism is abhorrent, of course. I wonder if he were to have lived in contemporary times how differently he would feel about religion. Simple, straightforward, fast, enjoyable to read.
“If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and t...more
“If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and t...more
It's a shame The Law isn't more widely recognized as the classic it is, and that people who should know better,have never heard of its author, Frederic Bastiat. Unfortunately, those who do read The Law are more of the Tea Party type and phoney "conservative" Republicans who oppose plunder by the poor rather than plunder by the rich, which is a far more serious problem. But then Bastiat was responding to the French Revolution (all of them) and its Jacobins not hedge funders, billionaire thieves,...more
This is one of those books where you're reading and you have to put it down to go "Holy Shit!" An eye opener to say the least. Even though Bastiat's points are quite logical and self-evident, they are a revelation because we just don't think about things this way.
For Bastiat to have kept the flame of liberty alive during the time of statists and utopians like Robespierre is astounding and evidence of his genius. What's more, these lessons are still as relevant today, if not more so, than they we...more
For Bastiat to have kept the flame of liberty alive during the time of statists and utopians like Robespierre is astounding and evidence of his genius. What's more, these lessons are still as relevant today, if not more so, than they we...more
The Law exists in a comical realm of fringe reality. While reading this, I had this thought, “Libertarianism only exists in a world without causation.” Basically, this reality can only exist in a world where no other interactions take place. This is similar to all extreme ideologies, be it Communism or Milton Friedman’s version of Capitalism. Like those concepts, The Law fails to take into account human nature in the slightest. Better yet, it fails to take in the realities of the natural world....more
I...don't know about this--there's a lot to think about here. Bastiat is basically defending--in a very sharp way--Locke's ideas without mentioning Locke.
What I do know is that this would never catch on in the United States today, which is not that bad of a thing since I don't think the current generation can be trusted with any more liberty than has been given. Bastiat seems to believe that liberty allows people to improve, yet I see no evidence in support of this belief. Like my political the...more
What I do know is that this would never catch on in the United States today, which is not that bad of a thing since I don't think the current generation can be trusted with any more liberty than has been given. Bastiat seems to believe that liberty allows people to improve, yet I see no evidence in support of this belief. Like my political the...more
The approach to laws and state in general could be reduced, except others, on two basic principles, two definitions of rights: negative, where others cannot prevent you from doing what doesn't harm them or their property, but neither could you, and positive, where you could demand some things from others, although it harms them or their property.
Bastiat advocates negative definition of human rights, based on the same grounds the US.Constitution professes. From this basis, he logically derives th...more
Bastiat advocates negative definition of human rights, based on the same grounds the US.Constitution professes. From this basis, he logically derives th...more
My husband and I have agreed that this is an important enough book that everyone in the whole world should read it!! If our government officials understood this book our budget would be far more balanced! I am not even close to a political or any kind of economist but this book was very readable and I understood it all.
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"The state is a great fiction by which everyone tries to live at the expense of everyone else."
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"The state is a great fiction by which everyone tries to live at the expense of everyone else."
Brilliant! It is amazing how that which is moral and ethical can stand the test of time. This could have been written yesterday and still ring just as true.
Bastiat states that "The law is the organization of the natural right of lawful defense." He presents the argument that any other use of law is a perversion and is nothing more than legal plunder. He says that it is human nature to want "to live and prosper at the expense of others", so "it is easy to understand how law, instead of checking...more
Bastiat states that "The law is the organization of the natural right of lawful defense." He presents the argument that any other use of law is a perversion and is nothing more than legal plunder. He says that it is human nature to want "to live and prosper at the expense of others", so "it is easy to understand how law, instead of checking...more
A good representation of what those in power do with the power granted to them.
This is one of the most important books you can read about the philosphy of self-governance and the reasons behind the corruption of self-governance.
Bastiat wrote of the problems of socialism in the mid 1850's. He saw its existance as the downfall of liberty and the power behind totalitarian governments.
This is one of the most important books you can read about the philosphy of self-governance and the reasons behind the corruption of self-governance.
Bastiat wrote of the problems of socialism in the mid 1850's. He saw its existance as the downfall of liberty and the power behind totalitarian governments.
It was with much skepticism that I started The Law. It seemed impossible that anyone could properly identify the goal, function, and bounds of law apart from Scripture - and indeed, they cannot. However, although Mr. Bastiat’s work has its flaws, fallacies and incorrect root issue identifications, I found it is most certainly still brimming with brilliant “hit-the-nail-on-the-head” statements.
I will address some of my praises and then proceed to explain the concerns.
First, Mr. Bastiat has an e...more
I will address some of my praises and then proceed to explain the concerns.
First, Mr. Bastiat has an e...more
The Law: A Classic Blueprint for a Just Society Frederic Bastiat Publisher: Simon & Brown:
Written before one of the many French Revolutions, The Law is a how-to guide to making a libertarian style government. Bastiat encourages his readers to stop the cycle of what he calls, “legal plunder”, and to reiterate that every man has “a right to defend his person, his liberty and his property.” He further explains, that the law is the collective organization for the individual right to defense. Not...more
Written before one of the many French Revolutions, The Law is a how-to guide to making a libertarian style government. Bastiat encourages his readers to stop the cycle of what he calls, “legal plunder”, and to reiterate that every man has “a right to defend his person, his liberty and his property.” He further explains, that the law is the collective organization for the individual right to defense. Not...more
How is it that the law enforcer itself does not have to keep the law? How is it that the law permits the state to lawfully engage in actions which, if undertaken by individuals, would land them in jail? These are among the most intriguing issues in political and economic philosophy. More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frede...more
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Claude Frédéric Bastiat (29 June 1801 – 24 December 1850) was a French classical liberal theorist, political economist, and member of the French assembly.
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“Socialism, like the ancient ideas from which it springs, confuses the distinction between government and society. As a result of this, every time we object to a thing being done by government, the socialists conclude that we object to its being done at all. We disapprove of state education. Then the socialists say that we are opposed to any education. We object to a state religion. Then the socialists say that we want no religion at all. We object to a state-enforced equality. Then they say that we are against equality. And so on, and so on. It is as if the socialists were to accuse us of not wanting persons to eat because we do not want the state to raise grain.”
—
72 people liked 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.”
—
48 people liked it
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