The mission of the law is not to oppress persons and plunder them of their property, even though the law may be acting in a philanthropic spirit. Its mission is to protect persons and property.
Furthermore, it must not be said that the law may be philanthropic if, in the process, it refrains from oppressing persons and plundering them of their property; this would be a contradiction. The law cannot avoid having an effect upon persons and property; and if the law acts in any manner except to protect them, its actions then necessarily violate the liberty of persons and their right to own property.
The law is justice—simple and clear, precise and bounded. Every eye can see it, and every mind can grasp it; for justice is measurable, immutable, and unchangeable. Justice is neither more than this nor less than this.
If you exceed this proper limit—if you attempt to make the law religious, fraternal, equalizing, philanthropic, industrial, literary, or artistic—you will then be lost in an uncharted territory, in vagueness and uncertainty, in a forced utopia or, even worse, in a multitude of utopias, each striving to seize the law and impose it upon you. This is true because fraternity and philanthropy, unlike justice, do not have precise limits. Once started, where will you stop? And where will the law stop itself?
Frédéric Bastiat, The Law (1849)
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2 responses so far ↓
1 Angi // Oct 30, 2008 at 4:42 pm
Just started reading some of this online. You wouldn’t know this was written in 1849 if you didn’t “KNOW” this was written in 1849.
“The Doctrine of the Democrats”, p. 59, is about as spot on as you can get.
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2 Doug Moody // Oct 30, 2008 at 6:46 pm
WOW! I wish I had read this 20 years ago, before I got ensnared in a cult that put the law of Moses above the law of love and Christ. It is so precise, I think I will memorize it for the future for others who give up their liberty for a false sense of security and fraternity in law.
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