{"id":2170,"date":"2012-07-25T21:51:13","date_gmt":"2012-07-26T03:51:13","guid":{"rendered":"http:\/\/www.lawi.us\/?p=2170"},"modified":"2012-07-25T21:51:13","modified_gmt":"2012-07-26T03:51:13","slug":"property-and-legal-plunder","status":"publish","type":"post","link":"https:\/\/lawin.org\/property-and-legal-plunder\/","title":{"rendered":"Property and legal plunder"},"content":{"rendered":"

Bastiat, Fr\u00c3\u00a9d\u00c3\u00a9ric: Property and legal plunder<\/h1>\n
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Property and Plunder<\/h3>\n<\/div>\n

Man can live and satisfy his wants only by ceaseless labor; by the ceaseless application of his faculties to natural resources. This process is the origin of property.<\/p>\n

But it is also true that a man may live and satisfy his wants by seizing and consuming the products of the labor of others. This process is the origin of plunder.<\/p>\n

Now since man is naturally inclined to avoid pain-and since labor is pain in itself-it follows that men will resort to plunder whenever plunder is easier than work. History shows this quite clearly. And under these conditions, neither religion nor morality can stop it.<\/p>\n

When, then, does plunder stop? It stops when it becomes more painful and more dangerous than labor. It is evident, then, that the proper purpose of law is to use the power of its collective force to stop this fatal tendency to plunder instead of to work. All the measures of the law should protect property and punish plunder.<\/p>\n

But, generally, the law is made by one man or one class of men. And since law cannot operate without the sanction and support of a dominating force, this force must be entrusted to those who make the laws.<\/p>\n

This fact, combined with the fatal tendency that exists in the heart of man to satisfy his wants with the least possible effort, explains the almost universal perversion of the law. Thus it is easy to understand how law, instead of checking injustice, becomes the invincible weapon of injustice. It is easy to understand why the law is used by the legislator to destroy in varying degrees among the rest of the people, their personal independence by slavery, their liberty by oppression, and their property by plunder. This is done for the benefit of the person who makes the law, and in proportion to the power that he holds.<\/p>\n

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Victims of Lawful Plunder<\/h3>\n<\/div>\n

Men naturally rebel against the injustice of which they are victims. Thus, when plunder is organized by law for the profit of those who make the law, all the plundered classes try somehow to enter-by peaceful or revolutionary means-into the making of laws. According to their degree of enlightenment, these plundered classes may propose one of two entirely different purposes when they attempt to attain political power: Either they may wish to stop lawful plunder, or they may wish to share in it.<\/p>\n

Woe to the nation when this latter purpose prevails among the mass victims of lawful plunder when they, in turn, seize the power to make laws!<\/p>\n

Until that happens, the few practice lawful plunder upon the many, a common practice where the right to participate in the making of law is limited to a few persons. But then, participation in the making of law becomes universal. And then, men seek to balance their conflicting interests by universal plunder. Instead of rooting out the injustices found in society, they make these injustices general. As soon as the plundered classes gain political power, they establish a system of reprisals against other classes. They do not abolish legal plunder. (This objective would demand more enlightenment than they possess. ) Instead, they emulate their evil predecessors by participating in this legal plunder, even though it is against their own interests.<\/p>\n

It is as if it were necessary, before a reign of justice appears, for everyone to suffer a cruel retribution-some for their evilness, and some for their lack of understanding.<\/p>\n

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The Results of Legal Plunder<\/h3>\n<\/div>\n

It is impossible to introduce into society a greater change and a greater evil than this: the conversion of the law into an instrument of plunder.<\/p>\n

What are the consequences of such a perversion? It would require volumes to describe them all. Thus we must content ourselves with pointing out the most striking.<\/p>\n

In the first place, it erases from everyone’s conscience the distinction between justice and injustice.<\/p>\n

No society can exist unless the laws are respected to a certain degree. The safest way to make laws respected is to make them respectable. When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law. These two evils are of equal consequence, and it would be difficult for a person to choose between them.<\/p>\n

The Nature of Law<\/a> is to maintain justice. This is so much the case that, in the minds of the people, law and justice are one and the same thing. There is in all of us a strong disposition to believe that anything lawful is also legitimate. This belief is so widespread that many persons have erroneously held that things are “just”because law makes them so. Thus, in order to make plunder appear just and sacred to many consciences, it is only necessary for the law to decree and sanction it. Slavery, restrictions, and monopoly find defenders not only among those who profit from them but also among those who suffer from them.<\/p>\n

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Perverted Law Causes Conflict<\/h3>\n<\/div>\n

As long as it is admitted that the law may be diverted from its true purpose-that it may violate property instead of protecting it-then everyone will want to participate in making the law, either to protect himself against plunder or to use it for plunder. Political questions will always be prejudicial, dominant, and all-absorbing. There will be fighting at the door of the Legislative Palace, and the struggle within will be no less furious. To know this, it is hardly necessary to examine what transpires in the French and English legislatures; merely to understand the issue is to know the answer.<\/p>\n

Is there any need to offer proof that this odious perversion of the law is a perpetual source of hatred and discord; that it tends to destroy society itself? If such proof is needed, look at the United States [in 1850]. There is no country<\/a> in the world where the law is kept more within its proper domain: the protection of every person’s liberty and property. As a consequence of this, there appears to be no country<\/a> in the world where the social order rests on a firmer foundation. But even in the United States, there are two issues-and only two-that have always endangered the public peace.”<\/p>\n

Bastiat, Fr\u00c3\u00a9d\u00c3\u00a9ric, “The law”<\/p>\n

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Conclusion<\/h3>\n<\/div>\n
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Notes<\/h3>\n<\/div>\n
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See Also<\/h3>\n<\/div>\n
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References and Further Reading<\/h3>\n<\/div>\n
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About the Author\/s and Reviewer\/s<\/h3>\n<\/div>\n

Author: international<\/b><\/p>\n<\/p>\n

Mentioned in these Entries<\/h3>\n

The Nature of Law<\/a>, country<\/a>. <\/p>\n","protected":false},"excerpt":{"rendered":"

Bastiat, Fr\u00c3\u00a9d\u00c3\u00a9ric: Property and legal plunder Property and Plunder Man can live and satisfy his wants only by ceaseless labor; by the ceaseless application of his faculties to natural resources. This process is the origin of property. But it is also true that a man may live and satisfy his wants by seizing and consuming […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13,59,5],"tags":[30,63],"_links":{"self":[{"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/posts\/2170"}],"collection":[{"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/comments?post=2170"}],"version-history":[{"count":0,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/posts\/2170\/revisions"}],"wp:attachment":[{"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/media?parent=2170"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/categories?post=2170"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawin.org\/wp-json\/wp\/v2\/tags?post=2170"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}