“The Law,” “The State,” and Other Political Writings, 1843–1850. Bastiat Frédéric

the maritime commerce of trading towns, and the overall interest of peace between nations of which trade is the surest guarantee.

      The society expresses the wish that future treaties should, as far as possible, be founded on the principle of duties proportional to the value of the goods, which is the only true and fair system and the only one that is able to extend to all classes the benefits of international trade.

      Foreseeing all the debates that are bound to take place between rival industries when the reform of the customs system takes place, the society believes it would be abandoning the cause that it has just taken under its patronage if it left the département of the Landes without the resources to take part in the combat which is being prepared.

      Consequently, and in the absence of special committees, whose support it regrets not being able to lean upon in these circumstances, it has decided that the Commission of Wine Producers, which has already been nominated in the session of 17 April 1842, will continue its functions and will communicate with the committees for the Gironde and Paris.

      Copies of this resolution will be sent through the good offices of the secretary of the Society to the minister for trade, to the Commissions of the chambers involved, and to the secretariat of the committees of wine producers.

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4 Property and Law

      [vol. 4, p. 275. “Propriété et loi.” Originally published in the 15 May 1848 issue of Le Journal des économistes.]

      The confidence of my fellow citizens has given me the title of legislator.

      I would certainly have declined this title if I had understood it as Rousseau did.

      “He who dares undertake to provide institutions to a people,” he said, “must feel that he is capable, so to speak, of changing human nature, of transforming each individual who, of himself, is a perfect and solitary whole, into a part of a much greater whole from which this individual is to receive to a certain degree his life and being; of changing the physical constitution of man in order to strengthen it, etc., etc. If it is true that a great prince is a rare man, what is to be said of a great legislator? The first has only to follow the model that the second has put forward. The second is the inventor of the machine, while the first is only the workman who assembles it and makes it work.”¹

      Since Rousseau was convinced that the social state was a human invention, he had to place law and the legislator on a high pedestal. Between the legislator and the rest of the human race, he saw the distance or rather the abyss that separates the inventor from the inert matter of which the machine is made.

      According to him, the law ought to transform people and create or not create property. According to me, society, people, and property existed before the laws, and, to limit myself to a particular question, I would say: It is not because there are laws that there is property, but it is because there is property that there are laws.

      The opposition of these two systems is radical. The consequences that

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      result from them are constantly divergent; let me therefore set out the question clearly.

      I warn you first of all that I am taking the word property in a general sense and not in the restricted sense of landed property. I regret, and probably all economists regret with me, that this word involuntarily awakens in us the idea of possession of land. What I mean by property is the right the worker has over the value he has created through his work.

      That having been said, I ask myself whether this right is a creation of the law or if it is not, on the contrary, prior to and higher than the law, whether it was necessary for the law to give birth to the right of property or whether, on the contrary, property was a fact and right that existed before the law and that had given rise to it? In the first case the mission of the legislator is to organize, amend, and even eliminate property if he thinks this right; in the second his powers are limited to guaranteeing it and ensuring that it is respected.

      From the preamble to a draft constitution issued by one of the greatest thinkers of modern times, M. Lamennais, I quote:

      The French people declare that they acknowledge rights and duties that predate and are greater than all the positive laws and that are independent of them.

      These rights and duties, directly handed down by God, are summarized in the triple dogma expressed by these sacred words: equality, liberty, fraternity.

      I put the question whether the rights of property are not among those that, very far from deriving from positive law, predate the law and are its raison d’être.

      This is not, as might be thought, a slight or pointless question. It is a vast and fundamental one. The answer to it is of the highest concern to society, something you will be convinced of, I hope, once I have compared the origins and effects of the two opposing theoretical systems.

      Economists consider that property, like the person, is a providential fact. The law does not give existence to one any more than to the other. Property is a necessary consequence of the constitution of man.

      In the full sense of the word, man is born a property owner, since he is born with needs whose satisfaction is essential to life, with organs and faculties whose exercise is essential to the satisfaction of these needs. These faculties are merely an extension of the person, and property is just an extension

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      of these faculties. To separate man from his faculties is to make him die; to separate man from the product of his faculties is once again to make him die.

      There are political writers who are greatly preoccupied with finding out how God ought to have made man. For our part, we study man as God has made him. We ascertain that he cannot live without satisfying his needs, that he cannot provide for his needs without work, and that he cannot work if he is not certain of applying the fruits of his work to his needs.

      This is why we consider that property is a divine institution and that its safety and protection are the object of human law.

      It is so true that property predates the law that it is acknowledged even by primitive people who have no laws or at least no written laws. When a savage has devoted his work to building himself a hut, no one disputes his possession or ownership of it. Doubtless another savage who is stronger than he can drive him out but not without angering and alarming the entire tribe. It is actually this abuse of strength that gives rise to association, agreement, and the law, which places public force in the service of property. Therefore the law arises out of property, a far cry from property arising from law.

      It can be said that the principle of property is even recognized by animals. The swallow tends her young family with care in the nest she has built with her own efforts.

      Even plants live and thrive by assimilation, by appropriation. They appropriate substances, the elements of air and salts that are within their reach. You have only to interrupt this phenomenon for them to dry up and die.

      In the same way, men live and develop through appropriation. Appropriation is a natural and providential phenomenon that is essential to life, and property is only appropriation that has become a right through work. When work has rendered assimilable and appropriable substances that were not so, I really do not see how it can be claimed that, in law, the phenomenon of appropriation has to be attained for the benefit of an individual other than he who has carried out the work.

      It is in view of these primordial facts, necessary consequences of the very constitution of man, that the law intervenes. Since the aspiration toward life and development may induce a strong man to despoil a weak one, thus violating the rights of production, it has been agreed that