Latest / Logic Library / 05 - The Law - Frederic Bastiat
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- Section five. Happily, according to these writers, there are some men termed governors and legislators, upon whom Heaven has bestowed opposite tendencies, not for their own sake only, but for the sake of the rest of the world. Whilst mankind tends to evil, they inclined to good. Whilst mankind is advancing towards darkness, they are aspiring to enlightenment. Whilst mankind is drawn towards vice, they are attracted by virtue, And this granted, they demand the assistance of force, by means of which they are to substitute their own tendencies for those of the human race. It is only needful to open, almost at random a book on philosophy, politics, or history to see how strongly this idea, the child of classical studies and the mother of socialism, is rooted in our country. That mankind is merely inert matter, receiving life, organization, morality, and wealth from power. Or rather, and still worse than, that mankind itself tends towards degradation, and is only arrested in its tendency by the mysterious hand of the legislator. Classical conventionalism shows us everywhere behind passive society, a hidden power under the names of law or legislator, or by a mode of expression which refers to some person or persons of undisputed weight and authority but not named, which moves, animates, and riches and regenerates mankind. We will give a quotation from Bousas quote. One of the things which was the most strongly impressed by whom upon the mind of the Egyptians was the love of their country. Nobody was allowed to be useless to the state. The law assigned to every one his employment, which descended from father to son. No one was permitted to have two professions, nor to adopt another end quote. But there was one occupation which was obliged to be common to all. This was the study of the laws and of wisdom. Ignorance of religion and the political regulations of the country was excused in no condition of life. Moreover, every profession had a district assigned to it by whom. Amongst good laws, one of the best things was that everybody was taught to observe them, by whom Egypt abounded with wonderful inventions, and nothing was neglected which could render life comfortable and tranquil. Thus, men, according to Beusuet, derive nothing from themselves. Patriotism, wealth, inventions, husbandry, science all come to them by the operation of the laws or by kings. All they have to do is to be passive. It is on this ground that Bessuet takes exception when Diodorus accuses the Egyptians of rejecting wrestling and music. How is that possible, says he, since these arts were invented by Trismegistus. It is the same with the Persians. Quote. One of the first cares of the prince was to encourage agriculture. As there were posts established for the regulation of the armies, so there were offices for the superintending of rural works end quote. The respect with which the Persians were inspired for royal authority was excessive. The Greeks, although full of mind, were no less strangers to their own responsibilities, so much so that of themselves like dogs and horses, they would not have ventured upon the most simple games. In a classical sense, it is an undisputed thing that everything comes to the people from without quote. The Greeks, naturally full of spirit and courage, had been early cultivated by kings and colonies who had come from Egypt. From them, they had learned the exercises of the body, foot races, and horse and chariot races. The best thing that the Egyptians had taught them was to become docile and to allow themselves to be formed by the laws for the public good. Fenelon reared in the study and admiration of antiquity and a witness of the power of Louis the fourteenth. Fenelon naturally adopted the idea that mankind should be passive, and that its misfortunes and its prosperities, its virtues, and its vices are caused by the external influence that is exercised upon it by the law or by the makers of the law. Thus, in his utopia of Silentum, he brings the men, with their interests, their faculties, their desires, and their possessions under the absolute direction of the legislator. Whatever the subject may be, They themselves have no voice in it. The Prince judges for them. The nation is just a shapeless mass, of which the Prince is. The soul. In him resides the thought, the foresight, the principle of all organization, of all progress on him, therefore rests all the responsibility. In proof of this assertion, I might trans inscribe the whole of the Tenth Book of Telemachus. I refer the reader to it, and shall content myself with quoting some passages taken at random from this celebrated work, to which in every other respect I am the first to render justice with the astonishing credulity that characterizes the classics. Phenelon, against the authority of reason and of facts, admits the general felicity of the Egyptians, and attributes it not to their own wisdom, but to that of their kings. We could not turn our eyes to the two shores without perceiving rich towns and country seats, agreeably situated fields that were covered every year without intermission, with golden crops, meadows full of flocks, laborers bending under the weight of fruits that the earth lavished on its cultivators, and shepherds who made the echoes around repeat the soft sounds of their pipes and flutes. Happy, said mentor is that people who is governed by a wise king. Mentor afterwards desired me to remark the happiness and abundance that was spread over all the country of Egypt, where twenty two thousand cities might be counted. He admired the excellent police regulations of the cities, the justice administered in favor of the poor against the rich, the good education of the children, who were accustomed to obedience, labor and the love of arts and letters. The exactness with which all the ceremonies of religion were performed, the disinterestedness, the desire of honor, the fidelity to men, and the fear of the gods with which every father inspired his children. He could not sufficiently admire the prosperous state of the country. Happy, said he is the people whom a wise king rules in such a manner end quote Fenelon's idol on crete is still more fascinating mentor is made to say, quote, all that you will see in this wonderful island is the result of the laws of minus. The education that the children receive renders the body healthy and robust. They are accustomed from the first to a frugal and laborious life. It is supposed that all the pleasures of sense enervate the body and the mind. No other pleasure is presented to them, but that of being invincible by virtue, that of acquiring much glory. There they punish three vices that go unpunished amongst other people, ingratitude, dissimulation, and avarice. As to pomp and dissipation. There is no need to punish these, for they are unknown in crete. No costly furniture, no magnificent clothing, no delicious feasts, no gilded palaces are allowed. It is thus that Mentor prepares his scholar to mold and manipulate, doubtless with the most philanthropic intentions, the people of Ithaca, and to confirm him in these ideas, he gives him the example of silentum. So we receive our first political notions. We are taught to treat men very much as Oliver Desayers teaches farmers to manage and to mix the soil Montesquie quote. To sustain the spirit of commerce, it is necessary that all the laws should favor it that these same laws, by their regulations, in dividing the fortunes in proportion as commerce enlarges them, should place every poor citizen in sufficiently easy circumstances to enable him to work like the others, and every rich citizen in such mediocrity that he must work in order to retain or to acquire end quote. Thus the laws are to dispose of all fortunes quote. Although in a democracy real equality be the soul of the state, yet it is so difficult to establish that an extreme exactness in this manner would not always be desirable. It is sufficient that a census be established to reduce or fix the differences to a certain point, after which it is for particular laws to equalize, as it were, the inequality by burdens imposed upon the rich and reliefs granted to the poor end quote. Here again we see the equalization of fortunes by law, that is, by force. There were in Greece two kinds of republics. One was military as Sparta, the other commercial, as Athens. In the one it was wished by whom that the citizens should be idle. In the other, the love of labor was encouraged. It is worth our while to pay a little attention to the extent of genius required by these legislators, that we may see how by confounding all the virtues, they showed their wisdom to the world. Like Kurgus blending theft with the spirit of justice, the hardest slavery with extreme liberty, the most atrocious sentiments, with the greatest moderation gave stability to his city. He seemed to deprive it of all its resources, arts, commerce, money, and walls. There was ambition without the hope of rising. There were natural sentiments where the individual was neither child, nor husband, nor father. Chastity even was deprived of modesty. By this road, Sparta was led on to grandeur and to glory. The phenomenon that we observe in the institutions of Greece has been seen in the midst of the degeneracy and corruption of our modern times. An honest legislator has formed a people where probity has appeared as natural as bravery. Among the Spartans, mister Penn is a true Lycurgus, And although the former had peace for his object and the latter war, they resemble each other in the singular path along which they have led their people, in their influence over free men, in the prejudices which they have overcome, the passions which they have subdued. Paraguay furnishes us with another example. Society has been accused of the crime of regarding the pleasure of commanding as the only good of life. But it will always be a noble thing to govern men by making them happy. Those who desire to form similar institutions will establish community of property, as in the Republic of Plato, the same reverence as he enjoined for the gods separation from strangers for the preservation of morality, and make the city and not the citizens, create commerce. They should give our arts without our luxury, our wants, without our desires. End quote. Vulgar infatuation may exclaim, if it likes it is Montesque magnificent, sublime. I am not afraid to express my opinion and to say, quote what you have the gall to call that fine, It is frightful, it is abominable. And these extracts, which I might multiply, show that, according to Montesque, the persons, the liberties, the property mankind itself are nothing but grist for the mill of the sagacity of lawgivers. End quote end of section five