Frédéric Bastiat: The Law
Credit: Screenshot from intro sequence for Marvel's Daredevil on Netflix
Bastiat’s Definition of Law:
Frédéric Bastiat speaks on the definition and purpose of law many times throughout his essay, so I think that observing those statements will construct a proper framework of his viewpoints. Bastiat first defines law as “the collective organization of the individual right to lawful defense.” This definition is very broad, but it is part of his discussion about man’s right to protect what is rightfully his. Bastiat very closely associates justice with the role of law in society. However, he deems it important to clarify that “the aim of the law is [not] to cause justice to reign” but that “the aim of the law is to prevent injustice from reigning.” Bastiat believes that the law must strive to mitigate injustice in society because it is not possible to promote justice in society. He writes that “it is not justice that has an existence of its own, it is injustice. The one results from the absence of the other.” In short, Bastiat sums up his definition of law with four words spelled in all capital letters: “LAW IS ORGANIZED JUSTICE.”
Bastiat and the United States:
Early in the essay, Bastiat discusses the unique rights of man. When I was reading this section, I could not help but to draw a comparison between Bastiat’s words and the Declaration of Independence. Bastiat writes, “God has bestowed upon every one of us the right to defend his person, his liberty, and his property, since these are the three constituent or preserving elements of life.” To compare, here is an excerpt from the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.” I feel there is an obvious similarity here, but it reminded me of how much the French revolutionists closely followed the actions of American revolutionists. Bastiat references the United States again later in the essay when he writes, “Slavery is a violation, sanctioned by law, of the rights of the person.” He goes on to imply that slavery in the United States is a perversion of law that could cause the rupture of the Union. Keep in mind, this essay was published in 1850, more than a decade before the start of the Civil War.
Plunder:
Bastiat uses the word plunder to describe times “when a portion of wealth passes out of the hands of him who has acquired it, without his consent, and without compensation, to him who has not created it, whether by force or by artifice.” He also uses plunder as the antonym to property. Bastiat explains that “wherever plunder is less burdensome than labor, it prevails” and that plunder ceases “when it becomes more burdensome and more dangerous than labor.” I like this explanation because it is very logical while also considering human nature. While Bastiat was laying out the juxtaposition of plunder and property, a question came to my mind. If plunder is the opposite of property, then does plunder occur when a man’s ability to gain property is restricted by another party? I feel that this scenario takes place in modern American society, and it seems to be another indicator of the perverted law in place in the United States.
Domino Effect of Corrupt Law:
One of the warnings Bastiat issues about the perversion of law is that when man is faced with the injustices of corrupted law, they have the choice to either fight against it or join with it. This idea is very similar to the cliché of “if you can’t beat them, then join them.” If people choose to fight against the corruption, then a revolution will likely result. However, if people choose to join with the corruption, then a deadly cycle will begin. Bastiat makes a point that the victimized classes will rarely desire to offer justice to those who mistreated them once the power falls into their hands. On the contrary, these groups will seek revenge on their former superiors, thus starting a cycle of victimization and revenge. I liken this phenomenon to the exchange of political power between parties in the United States. It seems that the balance of power switches back and forth rather frequently. This constant change results in a cycle of partisan legislation and policies being passed then quickly undone in the years after by the opposing party once they hold the power. To me, this is a telltale sign that the law has been perverted to some degree in the United States.
Bastiat and Socialism:
In my opinion, Bastiat thinks of socialism as Robin Hood’s activities on a national scale. In other words, he views socialism as taking one man’s property and giving it to another man. This very clearly places socialism under the umbrella of plunder. In fact, Bastiat writes that socialism “aspires to legal, not extralegal plunder.” Bastiat obviously dislikes socialism, and he is not shy in describing the negative impacts it could have on society. First, he thinks that those who benefit from the redistribution of property will overinflate the goodness of the system, causing the State to continue utilizing a socialist system in hopes to appease the majority of its subjects. Second, Bastiat warns that socialism would allow for legal plunder to be systematized. Specifically, he says that “the delusion of the day is to enrich all classes at the expense of each other; it is to generalize plunder under pretense of organizing it.” One more warning that Bastiat offers about socialism is that it “confounds government and society,” claiming that his opposition to government-ran programs is too often mistaken for opposition to the program itself. In particular, he uses examples of education, religion, equality, and food.
Bastiat and The Batman:
To conclude, Bastiat’s discussion of justice reminded me of one part of The Batman (2022) starring Robert Pattinson. The Riddler, the primary villain in the movie, leaves a riddle (makes sense) at a crime scene with hopes that Batman will find it and decipher its meaning. The riddle says: “It can be cruel, poetic, or blind. But when it’s denied, it’s violence you may find.” Batman very quickly provides the correct answer of justice. In my mind, Bastiat wants to convey that the law should exist to ensure that justice is never denied in society, in turn preventing violence of any kind from being found.