“The Law,” “The State,” and Other Political Writings, 1843–1850. Bastiat Frédéric

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“The Law,” “The State,” and Other Political Writings, 1843–1850 - Bastiat Frédéric The Collected Works of Frederic Bastiat

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Blanc had foreseen the objection and, to prevent this sweet do-nothing, alas so natural to man when work is not rewarded, he had thought of setting up a post in each commune on which would be inscribed the names of those who were lazy. However, he did not say whether there would be inquisitors to uncover the sin of laziness, courts in which to judge it, and gendarmes to execute the sentence. It should be noted that utopians never concern themselves with the huge machine of government indispensable for putting their legal machinery in motion.

      Since the delegates in the Luxembourg Palace were rather incredulous, Citizen Vidal, Citizen Blanc’s secretary, appeared to complete his master’s thought. Using Rousseau’s example, Citizen Vidal suggested nothing less than changing the nature of man and the laws of Providence.10

      It has pleased Providence to place within each individual certain needs and their consequences and faculties and their consequences, thus creating

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      personal interest, in other words, an instinct for preservation and a love of development that is the mainspring of the human race. M. Vidal will be changing all that. He has looked at the work of God and seen that it was not good. Consequently, starting from the principle that the law and the legislator can do anything, he will be abolishing personal interest by decree and replacing it by point of honor.

      Men will no longer work to live, to provide for and raise their families, but to obey a point of honor, to avoid the hangman’s noose, as though this new motive were not still a personal interest of another kind.

      M. Vidal constantly refers to what the question of honor encourages armies to do. But alas! Everything must be stated clearly, and if the wish is to regiment workers we should be told whether the military code, with its thirty transgressions carrying the death penalty, would become the labor code!

      An even more striking effect of the disastrous principle which I am endeavoring to combat here is the uncertainty it always holds suspended, like the sword of Damocles, over production, capital, trade, and industry. This is so serious that I dare to claim the reader’s entire attention.

      In a country like the United States, where the right of property is placed above the law, and where the sole mission of the forces of public order is to have this natural right respected, every individual may with total confidence devote his capital and strength to production. He has no need to fear that his plans and arrangements will be upset by the legislative power from one minute to the next.

      But when on the contrary, on the principle that it is not work but the law that is the basis of property, all the creators of utopias are allowed to impose their arrangements generally and through the authority of decrees, who can fail to see that all the farsightedness and prudence that nature has implanted in men’s hearts are being turned against industrial progress?

      Where is the bold speculator now who would dare to set up a factory or take on a business? Yesterday, it was decreed that people would be allowed to work for only a given number of hours.11 Now it is being decreed that the payment for this type of work will be fixed, and who can predict what will be decreed tomorrow, the day after tomorrow, and the days after that? Once the legislator has set himself at such an incommensurable distance from other

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      men and in all conscience thinks that he can dispose of their time, work, transactions, everything that is property, what man in all the land will have the slightest knowledge of what constraints he and his profession will be placed under tomorrow by the law? And in such circumstances, who will be able or want to undertake anything?

      I certainly do not deny that, among the innumerable systems to which this erroneous principle will give rise, many and perhaps the majority will be based on benevolent and generous intentions. But what is to be feared is the principle itself. The manifest aim of each individual arrangement is to equalize well-being. But the even more manifest effect of the principle on which these arrangements are based is to equalize deprivation; I cannot put this too plainly, it will reduce affluent families to the ranks of the poor and decimate poor families through illness and starvation.

      I admit that I am afraid for the future of my country when I consider the gravity of the financial difficulties that this dangerous precedent will make even worse.

      On 24 February, we found a budget that exceeds the proportions that France can reasonably achieve and what is more, according to the current minister of finance, with nearly a billion francs in debts that are for immediate repayment.

      Because of this situation, already alarming enough, expenditure has steadily increased and revenue steadily decreased.

      That is not all. Two types of promises have been tossed with a boundless prodigality to the general public. According to one lot, they are going to be given a countless mass of institutions that are beneficial but expensive. According to the second lot, all taxes will be reduced. In this way, on the one hand the numbers of day nurseries, asylums, primary schools, free secondary schools, workshops, and industrial pensions will be increased. The owners of slaves will be indemnified and the slaves themselves paid damages. The state will found credit institutions, lend workers their instruments of work, double the size of the army, reorganize the navy, etc., etc., and on the other hand it will abolish the salt tax, city tolls, and all the most unpopular contributions.

      Certainly, whatever idea one has of the resources of France, it has at least to be admitted that such resources must increase if they are to meet twin aspirations that are so vast in scale and so contradictory in appearance.

      But, in the midst of this extraordinary movement, which might be considered beyond human strength even when the entire energy of the country is being directed toward productive work, a cry can be heard: the right to

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      property is a creation of the law. Consequently, the legislator can issue, at any time and in accordance with the theoretical systems with which he is imbued, decrees that overturn all the arrangements made by industry. Workers are not the owners of any object or thing of value because they have created these through their work but because the laws in effect today guarantee this. Tomorrow’s law may withdraw this guarantee, at which time property will no longer be legitimate.

      I ask you, what is bound to happen? Capital and production are terrified; they can no longer count on the future. Under the influence of a doctrine like this, capital will hide, flee, and be reduced to nothing. And what will then happen to the workers, these very workers for whom you profess such a lively, sincere, but so unenlightened affection? Will they be better fed when farming production has ceased? Will they be better clothed when no one dares start up a factory? Will they be more fully occupied when capital has vanished?

      And taxes, where will you obtain these? And the financial position, how will this be restored? How are you going to pay the army? How will you pay your debts? What money will there be to lend for investment in machinery? With what resources will you support the charitable institutions whose existence it is so easy to decree?

      I hasten to abandon these somber considerations. It remains for me to examine the consequences of the opposite principle that prevails today, namely, the “economists’ principle,”12 the principle that attributes the right of property to labor [travail] and not to the law; the principle that says that property existed before the law; the sole mission of the law is to ensure respect for property wherever it is and wherever it is formed, in whatever manner in which the worker has created it, either in isolation or in association, provided that he respects the rights of others.

      First,

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