“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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principle virtually implies slavery, that of the economists espouses liberty. Property, the right to enjoy the fruit of your labor, the right to work, develop yourself, and exercise your faculties as you please without the intervention of the state except in its protective role, that is liberty. And I still cannot understand why the many partisans of opposing persuasions allow the word liberty to remain on the republican flag. It is said

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      that some of them have removed it and substituted the word solidarity. Such people are more frank and consistent. However, they should have put communism, not solidarity, since the solidarity of interests, like property, exists outside the law.

      It also implies unity. We have already seen this. If the legislator creates the right to property, there are as many ways for property to exist as there may be errors in the minds of utopians, that is to say, an infinite number. If, on the other hand, the right to property is a providential fact that predates any human legislation and the aim of human legislation is to ensure its respect, there is no place for any other arrangements.

      It is also security, and this is perfectly clear: if a people fully acknowledge that each person has to provide for his means of existence but also that each person has a right to the fruit of his work that predates and is higher than the law, also that human law has been necessary and has intervened only to guarantee to all the freedom to work and the property of the fruit of that work, it is clearly evident that a totally secure future opens out before human activity. It no longer has to fear that legislative power will through successive decrees stop its efforts, disrupt its arrangements, and bring to nothing its forecasts. Within the shelter of this security capital will spring up rapidly. The rapid increase in capital, for its part, is the sole reason for growth in the value of labor. The working classes will therefore become better off and will themselves contribute to providing new sources of capital. They will be increasingly capable of freeing themselves from wage-labor,13 becoming partners in the businesses, founding their own businesses, and recovering their dignity.

      Last, the eternal principle that the state should not be a producer but should provide security for producers would inexorably lead to economy and order in public finances. The implication is that only this principle makes it possible to establish a good foundation and just distribution for taxes.

      In fact, we should never forget that the state has no resources of its own. It has nothing and it owns nothing that it does not take from workers. Therefore, when it interferes in everything, it substitutes the grim and expensive activity of its agents for private activity. If, as happens in the United States, people came to realize with regard to this matter that the mission of the state is to provide a perfectly safe context for all, the state would be able to

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      accomplish this mission with a few hundred million. This saving, combined with economic prosperity, would at last make it possible to establish a single direct tax which would bear only on actual property, of whatever kind.

      But for this contingency we would have to wait until a few experiences, sometimes cruel ones, had somewhat diminished our faith in the state and increased our faith in humanity.

      I will end with a few words on the Free Trade Association. It has oft en been reproached for this title. Its opponents have rejoiced, and its supporters have regretted, what both have considered to be a fault.

      “Why cause alarm in this way?” say its partisans. “Why emblazon a principle on your flag? Why do you not limit yourselves to demanding those wise and prudent alterations to the customs tariff that time has made necessary and experience has shown to be opportune?”

      Why? First, because, in my view at least, free trade has never been a matter of customs and tariffs but a question of right, justice, public order, and property. Second, because privilege, in whatever form it is manifested, implies a negation or scorn for property. Third, because state intervention to level out fortunes, increasing some shares at the expense of others, is communism, just as one drop of water is water just as the entire ocean is water.

      Fourth, because I foresaw that once the principle of property has been undermined in one form, it would soon be attacked in a thousand different forms. Fifth, because I did not quit my solitude to pursue a partial amendment of the tariffs, which would have implied my adherence to the false notion that law predates property, but to fly to the aid of the opposite principle, compromised by protectionism. Finally, because I was convinced that the landowners and capitalists had themselves, with the tariff, sown the seed of the communism that terrifies them now, since they were demanding additional profits from the law at the expense of the working classes. I could see clearly that the working classes would not be slow to demand, in the name of equality, the benefits of the law applied to leveling out well-being, which is communism.

      Let people read the first statement of principles issued by our Association, the program drawn up in a preparatory session on 10 May 1846; this will convince them of our central approach.

      Trade is a natural right, like property. Every citizen who has created or acquired a product should have the option either of using it immediately or of selling it to someone anywhere in the world who is willing to give him what he wants in exchange. Depriving him of this faculty, when

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      he is not using it for a purpose contrary to public order or morals and solely to satisfy the convenience of another citizen, is to justify plunder and violate the laws of justice.

      It also violates the conditions of order, since what order can exist within a society in which each economic activity, with the assistance of the law and the powers of government, seeks success by oppressing all the others?

      We placed this question so far above that of tariffs that we added the following:

      The undersigned do not dispute society’s right to establish, on goods that cross the border, taxes intended to meet common expenditure, provided that they are determined by the needs of the treasury.

      However, as soon as the tax loses its fiscal nature and is aimed at discouraging foreign products—to the detriment of the tax authorities themselves—in order to raise the price of a similar home product artificially and thus hold the community to ransom for the benefit of a particular class of people, it then becomes protection or rather plunder, and these are the ideas and practices that the Association is seeking to discredit and remove totally from our laws.

      Of course, if we had pursued only the immediate modification of the tariffs, if we, as was claimed, had been the agents only of a few commercial interests, we would have taken care not to emblazon on our flag a word that implies a principle. Does anyone believe that I did not foresee the obstacles that this declaration of war against injustice would raise for us? Did I not know full well that by scheming, concealing our aim, and hiding half of our thought we would arrive more quickly at this or that partial victory? But how would these triumphs, which are fleeting anyway, have identified and safeguarded the great principle of property which we ourselves would have kept in the shadows and ruled out?

      I repeat, we were asking for the abolition of the protectionist regime, not as a good government measure but as justice, as the achievement of freedom, as the rigorous consequence of a right that is higher than the law. We should not conceal behind its outward form that which we most desire.14

      The time is coming when it will be recognized that we were right in not agreeing to insert a catch, a trap, a surprise, or an ambiguity in the title of our

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