Law Is a Negative Concept

by Frédéric Bastiat

　　The harmlessness of the mission performed by law and lawfuldefense is self-evident; the usefulness is obvious; and thelegitimacy cannot be disputed.

　　As a friend of mine once remarked, this negative concept of law isso true that the statement, the purpose of the law is to cause justiceto reign, is not a rigorously accurate statement. It ought to bestated that the purpose of the law is to prevent injustice fromreigning. In fact, it is injustice, instead of justice, that has anexistence of its own. Justice is achieved only when injustice isabsent.

　　But when the law, by means of its necessary agent, force, imposesupon men a regulation of labor, a method or a subject of education, areligious faith or creed -- then the law is no longer negative; itacts positively upon people. It substitutes the will of thelegislator for their own wills; the initiative of the legislator fortheir own initiatives. When this happens, the people no longer needto discuss, to compare, to plan ahead; the law does all this for them.Intelligence becomes a useless prop for the people; they cease to bemen; they lose their personality, their liberty, their property.

　　Try to imagine a regulation of labor imposed by force that is nota violation of liberty; a transfer of wealth imposed by force that isnot a violation of property. If you cannot reconcile thesecontradictions, then you must conclude that the law cannot organizelabor and industry without organizing injustice.