"If one looks over the millions of laws which mankind obeys, one can
distinguish three great classes: protection of property, protection of
government, protection of persons. But in examining these three classes
one comes in every case to the necessary conclusion that the law is
valueless and harmful. What the protection of property is worth, the
Socialists know only too well. The laws about property do not exist to
secure to individuals or to society the product of their labor. On the
contrary, they exist to rob the producer of a part of his product, and
to protect a few in the enjoyment of what they have stolen from the
producer or from the whole of society."[478] And as regards the laws for
the protection of government, "we know well that all governments,
without exception, have it for their mission to uphold by force the
privileges of the propertied classes--the nobility, the clergy, and the
_bourgeoisie_. A man has only to examine all these laws, only to observe
their every-day working, and he will be convinced that not one is worth
keeping."[479] Equally "superfluous and harmful, finally, are the laws
for the protection of persons, for the punishment and prevention of
'crimes'. The fear of punishment never yet restrained a murderer. He who
would kill his neighbor, for revenge or for necessity, does not beat his
brains about the consequences; and every murderer hitherto has had the
firm conviction that he would escape prosecution. If murder were
declared not punishable, the number of murders would not increase even
by one; rather it would decrease to the extent that murders are at
present committed by habitual criminals who have been corrupted in
prison."[480]
2. The stage of evolution to which enacted law belongs will soon be left
behind by man.
"The law is a comparatively young formation. Mankind lived for ages
without any written law. At that time the relations of men to each other
were regulated by mere habits, by customs and usages, which age made
venerable, and which every one learned from his childhood in the same
way as he learned hunting, cattle-raising, or agriculture."[481] "But
when society came to be more and more split into two hostile classes, of
which the one wanted to rule and the other to escape from rule, the
victor of the moment sought to give permanence to the accomplished fact
and to hallow it by all that was venerable to the defeated. Consecrated
by the priest and protected by the strong hand of the warrior, law
appeared."[482]
Public-domain text, read in full here on John Shaqi.
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