THE LAW [1]

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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.

We hold from God the gift that, as far as we are concerned, contains all

others, Life--physical, intellectual, and moral life.

But life cannot support itself. He who has bestowed it, has entrusted us

with the care of supporting it, of developing it, and of perfecting

it. To that end, He has provided us with a collection of wonderful

faculties; He has plunged us into the midst of a variety of elements. It

is by

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the application of our faculties to these elements that the phenomena of

assimilation and of appropriation, by which life pursues the circle that

has been assigned to it are realized.

Existence, faculties, assimilation--in other words, personality,

liberty, property--this is man.

It is of these three things that it may be said, apart from all

demagogic subtlety, that they are anterior and superior to all human

legislation.

It is not because men have made laws, that personality, liberty, and

property exist. On the contrary, it is because personality, liberty, and

property exist beforehand, that men make laws. What, then, is law? As I

have said elsewhere, it is the collective organization of the individual

right to lawful defense.

Nature, or rather 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; elements, each of

which is rendered complete by the others, and that cannot be understood

without them. For what are our faculties, but the extension of our

personality? and what is property, but an extension of our faculties?

If every man has the right of defending, even by force, his person, his

liberty, and his property, a number of men have the right to combine

together to extend, to organize a common force to provide regularly for

this defense.

Collective right, then, has its principle, its reason for existing, its

lawfulness, in individual right; and the common force cannot rationally

have any other end, or any other mission, than that of the isolated

forces for which it is substituted. Thus, as the force of an individual

cannot lawfully touch the person, the liberty, or the property of

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another individual--for the same reason, the common force cannot

lawfully be used to destroy the person, the liberty, or the property of

individuals or of classes.

For this perversion of force would be, in one case as in the other, in

contradiction to our premises. For who will dare to say that force has

been given to us, not to defend our rights, but to annihilate the equal

rights of our brethren? And if this be not true of every individual

force, acting independently, how can it be true of the collective force,

which is only the organized union of isolated forces?

Nothing, therefore, can be more evident than this: The law is the

organization of the natural right of lawful defense; it is the

substitution of collective for individual forces, for the purpose of

acting in the sphere in which they have a right to act, of doing what

they have a right to do, to secure persons, liberties, and properties,

and to maintain each in its right, so as to cause justice to reign over

all.

And if a people established upon this basis were to exist, it seems to

me that order would prevail among them in their acts as well as in their

ideas. It seems to me that such a people would have the most simple, the

most economical, the least oppressive, the least to be felt, the most

restrained, the most just, and, consequently, the most stable Government

that could be imagined, whatever its political form might be.

For under such an administration, everyone would feel that he possessed

all the fullness, as well as all the responsibility of his existence. So

long as personal safety was ensured, so long as labor was free, and the

fruits of labor secured against all unjust attacks, no one would have

any difficulties to contend with in the State. When

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prosperous, we should not, it is true, have to thank the State for our

success; but when unfortunate, we should no more think of taxing it with

our disasters than our peasants think of attributing to it the arrival

of hail or of frost. We should know it only by the inestimable blessing

of Safety.

It may further be affirmed, that, thanks to the nonintervention of

the State in private affairs, our wants and their satisfactions would

develop themselves in their natural order. We should not see poor

families seeking for literary instruction before they were supplied

with bread. We should not see towns peopled at the expense of rural

districts, nor rural districts at the expense of towns. We should not

see those great displacements of capital, of labor, and of population,

that legislative measures occasion; displacements that render so

uncertain and precarious the very sources of existence, and thus enlarge

to such an extent the responsibility of Governments.

Unhappily, law is by no means confined to its own sphere. Nor is it

merely in some ambiguous and debatable views that it has left its proper

sphere. It has done more than this. It has acted in direct opposition to

its proper end; it has destroyed its own object; it has been employed

in annihilating that justice which it ought to have established, in

effacing amongst Rights, that limit which it was its true mission to

respect; it has placed the collective force in the service of those who

wish to traffic, without risk and without scruple, in the persons, the

liberty, and the property of others; it has converted plunder into a

right, that it may protect it, and lawful defense into a crime, that it

may punish it.

How has this perversion of law been accomplished? And what has resulted

from it?

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The law has been perverted through the influence of two very different

causes--naked greed and misconceived philanthropy.

Let us speak of the former. Self-preservation and development is the

common aspiration of all men, in such a way that if every one enjoyed

the free exercise of his faculties and the free disposition of their

fruits, social progress would be incessant, uninterrupted, inevitable.

But there is also another disposition which is common to them. This is

to live and to develop, when they can, at the expense of one another.

This is no rash imputation, emanating from a gloomy, uncharitable

spirit. History bears witness to the truth of it, by the incessant wars,

the migrations of races, sectarian oppressions, the universality of

slavery, the frauds in trade, and the monopolies with which its annals

abound. This fatal disposition has its origin in the very constitution

of man--in that primitive, and universal, and invincible sentiment that

urges it towards its well-being, and makes it seek to escape pain.

Man can only derive life and enjoyment from a perpetual search and

appropriation; that is, from a perpetual application of his faculties to

objects, or from labor. This is the origin of property.

But also he may live and enjoy, by seizing and appropriating the

productions of the faculties of his fellow men. This is the origin of

plunder.

Now, labor being in itself a pain, and man being naturally inclined to

avoid pain, it follows, and history proves it, that wherever plunder

is less burdensome than labor, it prevails; and neither religion nor

morality can, in this case, prevent it from prevailing.

When does plunder cease, then? When it becomes more burdensome and more

dangerous than labor. It is

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very evident that the proper aim of law is to oppose the fatal tendency

to plunder with the powerful obstacle of collective force; that all its

measures should be in favor of property, and against plunder.

But the law is made, generally, by one man, or by one class of men.

And as law cannot exist without the sanction and the support of a

preponderant force, it must finally place this force in the hands of

those who legislate.

This inevitable phenomenon, combined with the fatal tendency that, we

have said, exists in the heart of man, explains the almost universal

perversion of law. It is easy to conceive that, instead of being a check

upon injustice, it becomes its most invincible instrument.

It is easy to conceive that, according to the power of the legislator,

it destroys for its own profit, and in different degrees amongst the

rest of the community, personal independence by slavery, liberty by

oppression, and property by plunder.

It is in the nature of men to rise against the injustice of which they

are the victims. When, therefore, plunder is organized by law, for

the profit of those who perpetrate it, all the plundered classes tend,

either by peaceful or revolutionary means, to enter in some way into

the manufacturing of laws. These classes, according to the degree of

enlightenment at which they have arrived, may propose to themselves

two very different ends, when they thus attempt the attainment of their

political rights; either they may wish to put an end to lawful plunder,

or they may desire to take part in it.

Woe to the nation where this latter thought prevails amongst the masses,

at the moment when they, in their turn, seize upon the legislative

power!

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Up to that time, lawful plunder has been exercised by the few upon the

many, as is the case in countries where the right of legislating is

confined to a few hands. But now it has become universal, and the

equilibrium is sought in universal plunder. The injustice that society

contains, instead of being rooted out of it, is generalized. As soon as

the injured classes have recovered their political rights, their first

thought is not to abolish plunder (this would suppose them to possess

enlightenment, which they cannot have), but to organize against the

other classes, and to their own detriment, a system of reprisals--as if

it was necessary, before the reign of justice arrives, that all should

undergo a cruel retribution--some for their iniquity and some for their

ignorance.

It would be impossible, therefore, to introduce into society a greater

change and a greater evil than this--the conversion of the law into an

instrument of plunder.

What would be the consequences of such a perversion? It would require

volumes to describe them all. We must content ourselves with pointing

out the most striking.

In the first place, it would efface from everybody's conscience the

distinction between justice and injustice. 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 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. There is in all of us a strong

disposition to regard what is lawful as legitimate, so much so that many

falsely derive

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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."

If you lecture upon morality, or political economy, official bodies will

be found to make this request to the Government:

That henceforth science be taught not only with sole

reference to free exchange (to liberty, property, and

justice), as has been the case up to the present time, but

also, and especially, with reference to the facts and

legislation (contrary to liberty, property, and justice)

that regulate French industry.

That, in public lecterns salaried by the treasury, the

professor abstain rigorously from endangering in the

slightest degree the respect due to the laws now in

force.[2]

So that if a law exists that sanctions slavery or monopoly, oppression

or plunder, in any form whatever, it must not even be mentioned--for how

can it be mentioned without damaging the respect that it inspires? Still

further, morality and political economy must be taught in connection

with this law--that is, under the supposition that it must be just, only

because it is law.

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Another effect of this deplorable perversion of the law is that it

gives to human passions and to political struggles, and, in general, to

politics, properly so called, an exaggerated importance.

I could prove this assertion in a thousand ways. But I shall confine

myself, by way of an illustration, to bringing it to bear upon a subject

which has of late occupied everybody's mind: universal suffrage.

Whatever may be thought of it by the adepts of the school of Rousseau,

which professes to be very far advanced, but which I consider 20

centuries behind, universal suffrage (taking the word in its strictest

sense) is not one of those sacred dogmas with respect to which

examination and doubt are crimes.

Serious objections may be made to it.

In the first place, the word universal conceals a gross sophism. There

are, in France, 36,000,000 inhabitants. To make the right of suffrage

universal, 36,000,000 electors should be reckoned. The most extended

system reckons only 9,000,000. Three persons out of four, then, are

excluded; and more than this, they are excluded by the fourth. Upon what

principle is this exclusion founded? Upon the principle of incapacity.

Universal suffrage, then, means: universal suffrage of those who are

capable. In point of fact, who are the capable? Are age, sex, and

judicial condemnations the only conditions to which incapacity is to be

attached?

On taking a nearer view of the subject, we may soon perceive the reason

why the right of suffrage depends upon the presumption of incapacity;

the most extended system differing from the most restricted in the

conditions on which this incapacity depends, and which constitutes not a

difference in principle, but in degree.

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This motive is, that the elector does not stipulate for himself, but for

everybody.

If, as the republicans of the Greek and Roman tone pretend, the right of

suffrage had fallen to the lot of every one at his birth, it would be an

injustice to adults to prevent women and children from voting. Why are

they prevented? Because they are presumed to be incapable. And why is

incapacity a reason for exclusion? Because the elector does not reap

alone the responsibility of his vote; because every vote engages and

affects the community at large; because the community has a right to

demand some assurances, as regards the acts upon which its well-being

and its existence depend.

I know what might be said in answer to this. I know what might be

objected. But this is not the place to settle a controversy of this

kind. What I wish to observe is this, that this same controversy (in

common with the greater part of political questions) that agitates,

excites, and unsettles the nations, would lose almost all its importance

if the law had always been what it ought to be.

In fact, if law were confined to causing all persons, all liberties, and

all properties to be respected--if it were merely the organization of

individual right and individual defense--if it were the obstacle, the

check, the chastisement opposed to all oppression, to all plunder--is it

likely that we should dispute much, as citizens, on the subject of the

greater or lesser universality of suffrage? Is it likely that it would

compromise that greatest of advantages, the public peace? Is it likely

that the excluded classes would not quietly wait for their turn? Is

it likely that the enfranchised classes would be very jealous of their

privilege? And is it not clear, that the interest of all being one and

the same, some would act without much inconvenience to the others?

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But if the fatal principle should come to be introduced, that, under

pretense of organization, regulation, protection, or encouragement, the

law may take from one party in order to give to another, help itself to

the wealth acquired by all the classes that it may increase that of one

class, whether that of the agriculturists, the manufacturers, the ship

owners, or artists and comedians; then certainly, in this case, there is

no class which may not try, and with reason, to place its hand upon

the law, that would not demand with fury its right of election and

eligibility, and that would overturn society rather than not obtain

it. Even beggars and vagabonds will prove to you that they have an

incontestable title to it. They will say:

We never buy wine, tobacco, or salt, without paying the

tax, and a part of this tax is given by law in perquisites

and gratuities to men who are richer than we are. Others

make use of the law to create an artificial rise in the

price of bread, meat, iron, or cloth.

Since everybody traffics in law for his own profit, we

should like to do the same. We should like to make it

produce the right to assistance, which is the poor man's

plunder. To effect this, we ought to be electors and

legislators, that we may organize, on a large scale, alms

for our own class, as you have organized, on a large scale,

protection for yours.

Don't tell us that you will take our cause upon yourselves, and throw

to us 600,000 francs to keep us quiet, like giving us a bone to pick. We

have other claims, and, at any rate, we wish to stipulate for ourselves,

as other classes have stipulated for themselves!

How is this argument to be answered? Yes, as long as it is admitted

that the law may be diverted from its true mission, that it may violate

property instead of securing it,

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everybody will be wanting to manufacture law, either to defend himself

against plunder, or to organize it for his own profit. The political

question will always be prejudicial, predominant, and absorbing; in a

word, there will be fighting around the door of the Legislative Palace.

The struggle will be no less furious within it. To be convinced of this,

it is hardly necessary to look at what passes in the Chambers in France

and in England; it is enough to know how the question stands.

Is there any need to prove that this odious perversion of law is a

perpetual source of hatred and discord, that it even tends to social

disorganization? Look at the United States. There is no country in the

world where the law is kept more within its proper domain--which is, to

secure to everyone his liberty and his property. Therefore, there is

no country in the world where social order appears to rest upon a more

solid basis. Nevertheless, even in the United States, there are two

questions, and only two, that from the beginning have endangered

political order. And what are these two questions? That of slavery and

that of tariffs; that is, precisely the only two questions in which,

contrary to the general spirit of this republic, law has taken the

character of a plunderer. Slavery is a violation, sanctioned by law, of

the rights of the person. Protection is a violation perpetrated by the

law upon the rights of property; and certainly it is very remarkable

that, in the midst of so many other debates, this double legal scourge,

the sorrowful inheritance of the Old World, should be the only one which

can, and perhaps will, cause the rupture of the Union. Indeed, a more

astounding fact, in the heart of society, cannot be conceived than this:

That law should have become an instrument of injustice. And if this fact

occasions consequences so formidable to the United

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States, where there is but one exception, what must it be with us in

Europe, where it is a principle--a system?

Mr. Montalembert, adopting the thought of a famous proclamation of Mr.

Carlier, said, "We must make war against socialism." And by socialism,

according to the definition of Mr. Charles Dupin, he meant plunder. But

what plunder did he mean? For there are two sorts: extralegal and legal

plunder.

As to extralegal plunder, such as theft, or swindling, which is defined,

foreseen, and punished by the penal code, I do not think it can be

adorned by the name of socialism. It is not this that systematically

threatens the foundations of society. Besides, the war against this

kind of plunder has not waited for the signal of Mr. Montalembert or

Mr. Carlier. It has gone on since the beginning of the world; France was

carrying it on long before the revolution of February--long before the

appearance of socialism--with all the ceremonies of magistracy, police,

gendarmerie, prisons, dungeons, and scaffolds. It is the law itself that

is conducting this war, and it is to be wished, in my opinion, that the

law should always maintain this attitude with respect to plunder.

But this is not the case. The law sometimes takes its own part.

Sometimes it accomplishes it with its own hands, in order to save the

parties benefited the shame, the danger, and the scruple. Sometimes

it places all this ceremony of magistracy, police, gendarmerie, and

prisons, at the service of the plunderer, and treats the plundered

party, when he defends himself, as the criminal. In a word, there is

a legal plunder, and it is, no doubt, this that is meant by Mr.

Montalembert.

This plunder may be only an exceptional blemish in the legislation of a

people, and in this case, the best thing

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that can be done is, without so many speeches and lamentations, to

do away with it as soon as possible, notwithstanding the clamors of

interested parties. But how is it to be distinguished? Very easily. See

whether the law takes from some persons that which belongs to them,

to give to others what does not belong to them. See whether the law

performs, for the profit of one citizen, and, to the injury of others,

an act that this citizen cannot perform without committing a crime.

Abolish this law without delay; it is not merely an iniquity--it is a

fertile source of iniquities, for it invites reprisals; and if you do

not take care, the exceptional case will extend, multiply, and become

systematic. No doubt the party benefited will exclaim loudly; he will

assert his acquired rights. He will say that the State is bound to

protect and encourage his industry; he will plead that it is a good

thing for the State to be enriched, that it may spend the more, and thus

shower down salaries upon the poor workmen. Take care not to listen to

this sophistry, for it is just by the systematizing of these arguments

that legal plunder becomes systematized.

And this is what has taken place. 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. Now, legal plunder may be exercised in

an infinite multitude of ways. Hence come an infinite multitude of

plans for organization; tariffs, protection, perquisites, gratuities,

encouragements, progressive taxation, free public education, right to

work, right to profit, right to wages, right to assistance, right to

instruments of labor, gratuity of credit, etc., etc. And it is all these

plans, taken as a whole, with what they have in common, legal plunder,

that takes the name of socialism.

Now socialism, thus defined, and forming a doctrinal body, what other

war would you make against it than a

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war of doctrine? You find this doctrine false, absurd, abominable.

Refute it. This will be all the easier, the more false, absurd, and

abominable it is. Above all, if you wish to be strong, begin by rooting

out of your legislation every particle of socialism which may have crept

into it--and this will be no light work.

Mr. Montalembert has been reproached with wishing to turn brute force

against socialism. He ought to be exonerated from this reproach, for he

has plainly said: "The war that we must make against socialism must be

one that is compatible with the law, honor, and justice."

But how is it that Mr. Montalembert does not see that he is placing

himself in a vicious circle? You would oppose law to socialism. But it

is the law that socialism invokes. It aspires to legal, not extralegal

plunder. It is of the law itself, like monopolists of all kinds, that it

wants to make an instrument; and when once it has the law on its side,

how will you be able to turn the law against it? How will you place it

under the power of your tribunals, your gendarmes, and of your prisons?

What will you do then? You wish to prevent it from taking any part in

the making of laws. You would keep it outside the Legislative Palace.

In this you will not succeed, I venture to prophesy, so long as legal

plunder is the basis of the legislation within.

It is absolutely necessary that this question of legal plunder should be

determined, and there are only three solutions of it:

The Law · 第 9 / 22 题