“The Law,” “The State,” and Other Political Writings, 1843–1850. Bastiat Frédéric
I readily agree, more active and popular. Our adversaries (I do not wish to call them detractors) are the communists; the followers of Fourier and Owen; MM Cabet, Louis Blanc, Proudhon, and Pierre Leroux; and many others.
What is very strange is that these schools differ among themselves at least as much as they differ from us. It is therefore necessary (1) that they admit a common principle that we do not admit and (2) that this principle lends itself to the infinite diversity among them that we observe.
I believe that what radically divides us is this:
Political economy reaches the conclusion that only universal justice should be demanded of the law.
Socialism, in its various branches and through applications whose number
[print edition page 61]
is of course unlimited, demands in addition that the law should put into practice the dogma of fraternity.
Well, what is the result? Following Rousseau, socialism accepts that the entire social order is encompassed by the law. We know that Rousseau based society on a contract. On the very first page of his book on the Revolution,3 Louis Blanc says: “The principle of fraternity is that which, viewing the members of the extended family as interdependent, at some point tends to organize various forms of society, the work of man, on the model of the human body, the work of God.”4
Starting from this point, that society is the work of man, the work of the law, socialists are inevitably led to the conclusion that nothing exists in society that has not been ordered and arranged in advance by the legislator.
Therefore, seeing that political economy limits itself to demanding from the law justice everywhere and for all, that is, universal justice, they have concluded that it did not acknowledge fraternity in social relationships.
The reasoning for this is strict. “Since society is contained in law,” they say, “and since you ask the law only for justice, you are therefore excluding fraternity from the law and consequently from society.”
From this have come the imputations of rigidity, coldness, hardness, and lack of feeling that have been heaped on economic science and those who profess it.
But is the leading premise admissible? Is it true that all of society is encompassed in the law? It can be seen immediately that if it is not, then all these imputations collapse.
Now! To say that positive law, which always acts with authority, through constraint, resting on the force of coercion, with the bayonet and dungeon as sanctions and ending with some laid-down penalty; to say that law, which cannot decree affection, friendship, love, self-denial, selflessness, or sacrifice therefore cannot decree that which epitomizes them, namely fraternity: is this to wipe out or deny these noble attributes of our nature? Certainly not; it is to say only that society is wider than the law; that a number of acts take place and a host of feelings are stirring outside and above the law.
For my part, in the name of science, I protest with all my strength at this wretched interpretation, according to which, because we acknowledge that the law has limits, we are accused of denying everything that is outside
[print edition page 62]
these limits. Ah! Whether people believe or not, we too salute with ardor the word fraternity which came down from the peak of the sacred mountain eighteen centuries ago and is emblazoned forever on our republican flag. We too wish to see individuals, families, and nations come together, help one another, and come to each other’s assistance in the difficult journey through mortal life. We too feel our hearts beat faster and our tears flow at the recounting of generous acts, whether they shine in the lives of simple citizens or bring together and mingle different classes and especially when they precipitate predestined peoples to occupy pioneering positions in progress and civilization.
And will we be reduced to talking about ourselves? Well, then! Let our actions be scrutinized. Certainly, we are very willing to admit that the host of political writers, who these days wish to stifle everything, including the sentiment of personal self-interest, in people’s hearts and who show themselves to be so merciless toward what they call individualism, whose mouths are so incessantly filled with words like selflessness, sacrifice, and fraternity, exclusively adhere to the sublime motives they advise others to observe, that they give examples as well as advice and are careful to align their conduct with their doctrine. We are very pleased to take their word for it that they are full of disinterestedness and charity, but finally we should be allowed to say that from this point of view we are not afraid of comparison.
Each one of these Deciuses5 has a plan that intends to achieve the happiness of humanity, and all appear to say that if we oppose them it is because we fear either for our wealth or for other social advantages. No, we oppose them because we hold their ideas to be false and their projects to be as puerile as they are disastrous. Because if it were proved to us that it is possible to bring down happiness on earth permanently through an artificial organization or by decreeing fraternity, there are those among us who, although they are economists, would joyfully sign such a decree with their last drop of blood.
However, it has not been proved to us that fraternity can be imposed. Whenever and wherever it occurs, it arouses such lively sympathy in us because it acts outside any legal constraint. Fraternity is either spontaneous or it does not exist. To decree it is to annihilate it. The law may indeed oblige men to remain just; in vain will it endeavor to oblige them to be devoted to others.
[print edition page 63]
It is not I, incidentally, who have invented this distinction. As I said just now, eighteen centuries ago these words were uttered by the divine founder of our religion:
The law says: Do not unto others as you would not have them do unto you.
And I say to you: Do unto others as you would have them do unto you.
I believe that these words set the limits that divide justice from fraternity. I believe that they also trace the demarcation line, one that I will not say is absolute and impassable but theoretical and rational, between the circumscribed field of the law and the limitless region of human spontaneity.
When a large number of families, all of which in order to live, develop, and improve themselves need to work either in isolation or in association, pool part of their strengths, what can they demand of this common strength other than the protection of all the individuals, all their work, all their property, all their rights and interests? Is this anything other than universal justice? Obviously the rights of each person are limited by the absolutely identical rights of all the others. The law cannot therefore do anything other than to recognize this limit and see that it is respected. If it allowed some people to infringe it, this would be to the detriment of some of the others. The law would be unjust. It would be even more unjust if, instead of tolerating this infringement, it ordered it.
Let us take property, for example. The principle is that what each person achieves through his work belongs to him, whether this work is comparatively more or less clever, persevering, or apposite and consequently more or less productive. If two workers wish to combine their strengths in order to share the product in accordance with agreed proportions or exchange their products with each other, or if one wishes to make the other a loan or a gift, what does the law have to do with this? Nothing, I think, other than require the fulfilling of agreements and prevent or punish misrepresentation, violence, or fraud.
Does this mean that the law will forbid acts of selflessness and generosity? Who could even think this? But will it go so far as to order them? This is precisely the point that separates economists from socialists.
If the socialists mean that, in extraordinary circumstances and emergencies, the state has to store up a few resources, assist in certain misfortunes, and smooth over certain transitions, for God’s sake, we would agree. This has been done and we would like it done better; however, there is a point
[print edition page 64]
along this path that should not be exceeded, the point at which governmental foresight destroys individual