Law Is Force Since the law organizes justice, the socialists ask why the law should not also organize labor, education, and religion. Why should not law be used for these purposes? Because it could not organize labor, education, and religion without destroying justice. We must remember that law is force, and that, consequently, the proper functions of the law cannot lawfully extend beyond the proper functions of force.
French classical liberal theorist, political economist, and member of the French assembly (1801-1850)
it cannot fail to be admitted, that when protectionism raises the price of things, the consumer loses the difference. But, then, it is said, national labor is the gainer. No, it is not the gainer; for since the Act, it is no more encouraged than it was before, to the amount of fifteen francs. The only thing is that, since the Act, the fifteen francs of John Q. Citizen go to the metal trade, while before it was put in force, they were divided between the ironmonger and the bookseller.
Citizens! In all times, two political systems have been in existence, and each may be maintained by good reasons. According to one of them, Government ought to do much, but then it ought to take much. According to the other, this twofold activity ought to be little felt. We have to choose between these two systems. But as regards the third system, which partakes of both the others, and which consists in exacting everything from Government, without giving it anything, it is chimerical, absurd, childish, contradictory, and dangerous. Those who proclaim it, for the sake of the pleasure of accusing all Governments of weakness, and thus exposing them to your attacks, are only flattering and deceiving you, while they are deceiving themselves. For ourselves, we consider that Government is and ought to be nothing whatever but common force organized, not to be an instrument of oppression and mutual plunder among citizens; but, on the contrary, to secure to everyone his own, and to cause justice and security to reign.
But things have been so admirably arranged by the Divine inventor of social order that in this, as in everything else, political economy and morality, far from clashing, agree; and the wisdom of Aristus is not only more dignified, but still more profitable, than the folly of Mondor. And when I say profitable, I do not mean only profitable to Aristus, or even to society in general, but more profitable to the workmen themselves — to the trade of the time.
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It has to be said: there are too many great men in the world. There are too many legislators, organizers, founders of society, leaders of peoples, fathers of nations, etc., etc. Too many people put themselves above humanity in order to rule it and too many people think their job is to become involved with it. People will say to me: you yourself are becoming involved, you who talk about it. That is true. But they will agree that it is for a very different reason and from a very different point of view, and while I am taking on those who wish to reform, it is solely to make them abandon their effort. I am becoming involved with it not like Vaucanson with his automaton but like a physiologist with the human organism, in order to examine it and admire it. I am becoming involved with it in the same spirit as that of a famous traveler. He arrived among a savage tribe. A child had just been born and a host of fortune-tellers, warlocks, and quacks were crowding around it, armed with rings, hooks, and ties. One said, “This child will never smell the aroma of a pipe if I do not lengthen his nostrils.” Another said, “He will be deprived of the sense of hearing if I do not make his ears reach down to his shoulders.” A third said, “He will never see the light of the sun unless I make his eyes slant obliquely.” A fourth said, “He will never stand upright if I do not make his legs curve.” A fifth said, “He will never be able to think if I do not squeeze his brain.” “Away with you,” said the traveler. “God does His work well. Do not claim to know more than He does and, since He has given organs to this frail creature, leave those organs to develop and grow strong through exercise, experimentation, experience, and freedom.” [print edition page 146] God has also provided humanity with all that is necessary for it to accomplish its destiny. There is a providential social physiology just as there is a providential human physiology. The social organs are also constituted so as to develo
There is in all of us a strong disposition to regard what is lawful as legitimate, so much so that many falsely derive all justice from law. It is sufficient, then, for the law to order and sanction plunder, that it may appear to many consciences just and sacred. Slavery, protection, and monopoly find defenders, not only in those who profit by them, but in those who suffer by them. If you suggest a doubt as to the morality of these institutions, it is said directly — “You are a dangerous experimenter, a utopian, a theorist, a despiser of the laws; you would shake the basis upon which society rests.
As far as those hard necessities are concerned, which force persons to burdensome borrowings, it is clear that these necessities exist previously to the borrowing. If William is in a situation in which he cannot possibly do without a plane, and must borrow one at any price, does this situation result from James having taken the trouble to make the tool? Does it not exist independently of this circumstance? However harsh, however severe James may be, he will never render the supposed condition of William worse than it is.
The law perverted! The law — and, in its wake, all the collective forces of the nation — the law, I say, not only diverted from its proper direction, but made to pursue one entirely contrary! The law become the tool of every kind of avarice, instead of being its check! The law guilty of that very iniquity which it was its mission to punish! Truly, this is a serious fact, if it exists, and one to which I feel bound to call the attention of my fellow citizens.
But if men are, on the one hand, irresistibly impelled towards what is for their profit, and if, on the other, they resist instinctively what is hurtful, we are forced to conclude that each nation carries in its bosom a natural force of expansion, and a not less natural force of resistance, which forces are equally injurious to all other nations; or, in other words, that antagonism and war are the natural state of human society.
No society can exist unless the laws are respected to a certain degree, but the safest way to make them respected is to make them respectable. When the law and morality are in contradiction to each other, the citizen finds himself in the cruel alternative of either losing his moral sense, or of losing his respect for the law — two evils of equal magnitude, between which it would be difficult to choose. It is so much in the nature of law to support justice that in the minds of the masses they are one and the same.
"The nature of law 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."
Under the influence of ignorance and custom, the day's pay of a country labourer will remain for a long time at a franc, while the saleable price of all the articles of consumption around him will be rising. He will sink into destitution without being able to discover the cause. In short, since you wish me to finish, I must beg you, before we separate, to fix your whole attention upon this essential point: — When once false money (under whatever form it may take) is put into circulation, depreciation will ensue, and manifest itself by the universal rise of every thing which is capable of being sold. But this rise in prices is not instantaneous and equal for all things. Sharp men, brokers, and men of business, will not suffer by it; for it is their trade to watch the fluctuations of prices, to observe the cause, and even to speculate upon it. But little tradesmen, countrymen, and workmen, will bear the whole weight of it. The rich man is not any the richer for it, but the poor man becomes poorer by it. Therefore, expedients of this kind have the effect of increasing the distance which separates wealth from poverty,