The Law

Good, short read that gives another opinion that contrats the left-leaning literature coming out at the time. I recommend this for people trying to expand their own political opinions.

Bastiat is a good essayist, and his main point is well-taken. One should be careful about social policy, it involves real people. However, some of the things he takes issue with seem to be preoccupations you might expect for the well-to-do in the 19th century. Law is justice. What is justice, though? Bastiat thinks that if a person would do something and it would be considered wrong, then if a government does it, likewise it is wrong [focusing on taking what others have]. This sounds like a sound principle, but falls apart almost immediately upon some inspection. A group may have properties that an individual does not (the famous example being atoms are invisible, but things made of atoms are not necessarily so), and so it seems to me that we can accept governments can do things that we would not individuals to do. It may or may not be true, but the reason cannot come from examples for individuals. For example, we let governments enforce the law and carry-out punishments. Im sure Bastiat would answer that these sorts of things are only the sorts of things that people would agree to, and so it would not be compulsory, but undoubtedly some would not agree, and so then it is not clear what should be done. Perhaps hes right that without a government people will rationally choose to give up things, but my own experience tends to tell me that poor Nash equilibria (such as for air pollution) do occur if we dont have some sort of strong third-party to enforce some standards (usually the government is one of the few entities that can do this). Peoples decisions affect each other in various ways, and so we should be careful about how much we limit others decisions, we have to acknowledge that others choices make a substantial difference to our lives. It should perhaps be of last resort to let governments do these sorts of things, but Bastiat has few concrete examples to let us ponder actual circumstances. Also, free public education is mentioned, (as are almost all taxes) as a type of plunder. Free public education has been fairly important for creating economic wealth. It is not obvious how the supposed harm from taking taxes to support this necessarily outweighs the actual harm of depriving some of education. It seems to simply be a fact that left to our own means, society does not provide for those less fortunate as often as would be beneficial. The argument against philanthropy by the government also does not seem very strong. It could lead to problems, but governments around the world do quite well with all sorts of varying levels of philanthropy. There is a deeper issue, as well. His argument seems to implicitly assume that we know what we own (and so deserve). I dont think it is obvious what we deserve and therefore have a right to own. What sort of things become my property? Land? If this land came from some act of plunder previously, is it still my property? In addition, if my abilities come from natural talents rather than hard work, do I truly deserve it? Is it justice? I think the idea of justice needs to be more strongly motivated. It isnt hard to come up with some reasonable but by no means definitive answers to these questions that are favorable to a Bastiat-like viewpoint, but this is not touched. Bastiat talks clearly of the evil of slavery, but in this short essay he doesnt explore what the consequences are. What is the status of a slave owners (non-human) properties that come through plunder? I think Bastiat is on stronger ground when he cautions about believing leaders who claim they have everyones best interests in mind, and that we should not rush into societal experiments without strong amounts of evidence and experience to guide us. While I personally didnt find Bastiats arguments for such a hands-off government, he does write well, and if you think that you know what property is proper, his arguments are sound enough. It is a short essay, and so it is possible Bastiat answers these questions in other writings.

Excellent overview of what the role of law is in the society and how it has been morphed into a tool of power by people who think they know better how people ought to behave. Must read.

This was recommended by Mark Moss via his YouTube channel, and I must say, that I regret not knowing about this dynamite of a book sooner. Read this, then view the world, knowing why it is, as it is.

This proto-libertarian writing by Bastiat stands along with Alexis de Tocqueville as the greatest 19th century political writing contributions to our country. Bastiat is easier to read and much faster. The whole of it in a sitting can be trying to read, though it did sparkle throughout. In any event, Bastiats view would likely be a libertarianism that few would suggest today. For example, even most modern libertarians and conservatives with libertarian streaks like lead-free paint. He might say it interferes with individual property and liberty rights. I really do not know where he would hold on that because though it would interfere with private property, but lead paint clearly was a threat to us, particularly small children and a 20th century Bastiat might appreciate it. Heres a taste of Bastiat I copied onto my computer: Law was the collective organization of the individual right to lawful defense. [T]he common force that protects this collective right cannot logically have any other purpose or any other mission that that for which it acts as a substitute. Thus, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force—for the same reason—cannot lawfully be used to destroy the person, liberty, or property of individuals or groups. The law has been perverted by the influence of two entirely different causes: stupid greed and false philanthropy. . . [E]very 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 to 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. Like or love it? Youll like or love him. Offended and love Obamacare and federal governments growth? You will think he is a proto-wing-nut.

After reading all the comments on the content of this book with such a dominance of five stars, my expectation was maybe too high. This high expectation was probably the cause for not being stunned after reading this book and not giving it unconditional glory and perfect score. However, for anyone dealing with politics, economics and law this is a must read. A must read not for one time, but rather maybe once a year just to keep the idea of liberty and nature of governance fresh and accurate. The need for reread is caused also by the the writing style and the pure content of the book. Writing style is obviously little bit archaic and can be sometimes burdensome. Numerous quotations of influential philosophers of our past which carry from time to time more serious philosophical traits, will also push you to reread some lines for better understanding and deeper reflection. In my opinion the end of the book and final conclusion is the most impressive part and its strongest point. In less than a one page story of a newborn child and its future capacities, author succeeds to encircle very descriptively central idea of entire book, which is the idea of human liberty and how it should be treated. Timeless and illuminating, but as I said, in some parts little bit flat and hard to read.

I think that other reviews have done a fine job of praising the importance and genius of Bastiats work. And I thoroughly enjoyed his reasoning and clarity as well. But I was pretty disappointed by the quality of this edition. The book has misplaced punctuation and typos in it -- the kind that would be caught by a simple spell checker. Maybe Im picky, but I find such errors to be rather distracting when reading. When I buy a book, I expect that someone has carefully proofread it, but somehow that seems to have been overlooked here. So, 5+ stars for Bastiat, and a generous 2 stars for the publisher.

This book is an essay by French economist Frederic Bastiat written in 1850. The book clearly explains the true role of law in a free society and critiques the perversion of law by socialists and collectivists. The law should exist to collectively provide defense of liberty, property, and individual rights. The law is perverted when it does other things which inevitably infringe on liberty, property, and individual rights--no matter how noble or charitable on the surface. The book makes clear so much of what is wrong with US government today and once again proves there is nothing new under the sun.

Is the law a sword or a shield? What is the limiting principle of Government? Bastiat considers these weighty topics and presents the views of many other great thinkers thoughtfully and concisely. Easy read yet extremely thought provoking. Highly recommend for everyone.

Bastiat, a classical liberal shows just how evil a big government is, and how once you give government the power to get their hands on the economy, they quickly get involved in legal plunder, and it is not to the aid of the poor. He then talks about the absurdity of socialism, and how unnatural and ineffective it is. He talks about the absurdity of government violating property instead of protecting it, because after all, the only reason government comes into existence in the first place, is to only protect property. He also talks about the types of plunder and also makes the distinction that law is supposed to enhance freedom, not restrict it, although in our world, it is definitely the other way around. There is also a bit of history to be found in the book as well, and it goes back as far as ancient Greece. A must read for all people. Bastiat, the great economist, is also a great political philosopher.