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

in Britain and France. These were the events that provided the background for Bastiat’s numerous writings on economics and politics.

      THE POLITICAL PAMPHLETS AS MODELS OF APPLIED ECONOMICS

      Bastiat was both a thinker and an actor in public affairs. He was a politician who was inspired by both economic and ethical principles, which is a

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      rare occurrence, whether then or now. Next to Bastiat “the economist,” who wrote such monumental theoretical works as Economic Harmonies (1850), we have Bastiat the “political pamphleteer,” who wrote in response to the political and economic battles of the moment.² To those economists who dream of attempting to implement their ideas, political life might seem attractive; however, only a very few, like Bastiat, are lucky enough to get that opportunity. While France was wracked by wave after wave of revolutionary change between 1848 and 1850, Bastiat had the chance to present his ideas in speeches to the Assembly, in broadsides handed out in the street, as essays in popular journals, and as articles in academic journals.

      Throughout the pamphlets, Bastiat demonstrates how the combination of careful logic, consistency of principle, and clarity of exposition is the instrument for solving most economic and social problems. He does not hesitate to present facts and even statistics to his readers, but he does so in a manner that is understandable and coherent because the material is analyzed through the filter of rigorous economic theory.³

      In this volume the reader will find discussions covering a wide variety of topics, such as the theory of value and rent (in which Bastiat made path-breaking contributions), public choice and collective action, regulations, taxation, education, trade unions, price controls, capital and growth, and the balance of trade, many of which topics are still at the center of political debate in our own time. Far from being dry and technical discussions of abstruse matters, all Bastiat’s pamphlets are written with such outstanding limpidity that reading them is a joy.

      EYEWITNESS TO POLITICAL AND ECONOMIC UPHEAVALS (1848–50)

      After a period as a successful provincial magistrate, Bastiat was elected in the immediate aftermath of the February revolution of 1848 to the Constituent Assembly in Paris. He represented his home département (the Landes,

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      located in the southwest region of France) and became active in opposing both the socialism of the left and the authoritarianism of the right. As a classical liberal advocate of natural rights, universal franchise, the ultraminimalist state, and absolute free trade, Bastiat was not completely at home on the right or on the left side of the Assembly, though he oft en sat on the left because of his opposition to many of the establishment’s policies. On the right sat the monarchists, militarists, large landowners, supporters of the very limited voting franchise, and business interests who advocated tariff protection and subsidies. Occupying the left were the republicans, democrats, socialists, and advocates of state-supported make-work schemes and other subsidies to the poor. As some of his speeches indicate, Bastiat could cleverly play off one side against the other, appealing to the right in his attacks on socialism but appealing to the left in his support of the republic and his criticism of state subsidies to the rich.

      In 1846 a key economic reform occurring in Britain caught Bastiat’s attention: Prime Minister Robert Peel’s abolition of the Corn Laws.⁴ The repeal of these laws eliminated many price controls on imported food stuffs and thus lowered the cost of food for those British consumers who were the least well off. The person behind the successful repeal was Richard Cobden whose organization, the Anti–Corn Law League, mobilized British opinion and forced Peel to act as he did. Bastiat, impressed with this popular and successful movement, very much wanted to emulate Cobden’s success by organizing a homegrown French free-trade movement and spent much of his time during the mid-1840s trying to bring this about, with disappointing results.⁵

      TOWARD the end of his life, as a deputy in the Constituent Assembly and then in the Legislative Assembly, Bastiat became immersed in the struggles against the rise of socialist groups from the left and the opportunistic, interventionist policies of other groups on the right. Many of his pamphlets from this period were economic in nature and designed to alert people to the dangers of growing government intervention in the economy and attacks on the rule of law. The pamphlets are period pieces to the extent that they

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      reflect the day-to-day or week-to-week battles for liberty fought by Bastiat in the Assembly (he served on a budget committee and thus had access to important economic data). However, they are also timeless works of applied economic theory that still stand today as insightful, informative, and even exemplary forms of their kind.

      REPUBLICANISM AND UNIVERSAL SUFFRAGE

      Bastiat was a “sincere” republican in the sense that he favored a republican system of government (as opposed to a monarchical one) and, more precisely, because he favored universal suffrage. Yet he was also aware of the dangers of unrestrained democracy if it were allowed to violate the people’s rights to property (“plunder”) and liberty (“slavery”). In his famous pamphlet “The Law” (1850) Bastiat explains that the law, far from being what it ought to be, namely the instrument that enabled the state to protect individuals’ rights and property, had become the means for what he termed “spoliation,” or plunder.

      As the will and the capacity to legislate became commonplace—the result of universal suffrage—plunder, too, became commonplace. Bastiat’s views on law and plunder are both modern and prophetic, given that democracy was a relatively new experience in France. Like his contemporary Alexis de Tocqueville, Bastiat was an astute observer of the society of his time as well as a visionary of what unrestrained democracy might lead to, as the following passage shows:

      Whatever the disciples of the Rousseau school think, those who say that they are very advanced and whom I believe to be retarded by twenty centuries, universal suffrage (taking this word in its strictest sense) is not one of the sacred dogmas with regard to which any examination or even doubt is a crime.⁶

      Bastiat points out the logical contradiction of the Rousseauean law-makers who believed that ordinary citizens are naturally inclined to make bad choices in their own lives (but not in choosing their political representatives apparently), so that they must be deprived of their freedom, whereas the elected rulers of society would necessarily be inclined to make good choices

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      concerning the lives of others: “And if humanity is incapable of making its own judgments, why are people talking to us about universal suffrage?”⁷

      Bastiat concludes with a sad commentary on the effects that unbridled democracy has had in France, writing that although the French people “have led all the others in winning their rights, or rather their political guarantees, they nevertheless remain the most governed, directed, administered, taxed, hobbled, and exploited of all peoples.”⁸

      In the pamphlet “Plunder and Law”⁹ (1850), written before “The Law” appeared, Bastiat had already expressed his uneasiness concerning the idea of universal suffrage:

      Following the February revolution, when universal suffrage was proclaimed, I hoped for a moment that its great voice would be heard to say: “No more plunder for anyone, justice for all!” . . . No, by bursting into the National Assembly, each class came to make the law an instrument of plunder for itself according to the principles they upheld. They demanded progressive taxes, free credit, the right to work, the right to state assistance, guaranteed interest rates, a minimum rate of pay, free education, subsidies to industry, etc., etc.; in short, each wanted to live and develop at other people’s expense.¹⁰

      We thus find in Bastiat’s writings clear statements about the dangerous confusion that exists between two opposite concepts of the law, “law and legislation”—to use the words of the twentieth-century Nobel Prize–winning economist Friedrich