Justice, Administration of; Law -- Philosophy; Law and socialism; Property; Socialism and liberty
As to extralegal plunder, such as theft, or swindling, which is defined,
foreseen, and punished by the penal code, I do not think it can be
adorned by the name of socialism. It is not this that systematically
threatens the foundations of society. Besides, the war against this
kind of plunder has not waited for the signal of Mr. Montalembert or
Mr. Carlier. It has gone on since the beginning of the world; France was
carrying it on long before the revolution of February--long before the
appearance of socialism--with all the ceremonies of magistracy, police,
gendarmerie, prisons, dungeons, and scaffolds. It is the law itself that
is conducting this war, and it is to be wished, in my opinion, that the
law should always maintain this attitude with respect to plunder.
But this is not the case. The law sometimes takes its own part.
Sometimes it accomplishes it with its own hands, in order to save the
parties benefited the shame, the danger, and the scruple. Sometimes
it places all this ceremony of magistracy, police, gendarmerie, and
prisons, at the service of the plunderer, and treats the plundered
party, when he defends himself, as the criminal. In a word, there is
a legal plunder, and it is, no doubt, this that is meant by Mr.
Montalembert.
This plunder may be only an exceptional blemish in the legislation of a
people, and in this case, the best thing
{14}
that can be done is, without so many speeches and lamentations, to
do away with it as soon as possible, notwithstanding the clamors of
interested parties. But how is it to be distinguished? Very easily. See
whether the law takes from some persons that which belongs to them,
to give to others what does not belong to them. See whether the law
performs, for the profit of one citizen, and, to the injury of others,
an act that this citizen cannot perform without committing a crime.
Abolish this law without delay; it is not merely an iniquity--it is a
fertile source of iniquities, for it invites reprisals; and if you do
not take care, the exceptional case will extend, multiply, and become
systematic. No doubt the party benefited will exclaim loudly; he will
assert his acquired rights. He will say that the State is bound to
protect and encourage his industry; he will plead that it is a good
thing for the State to be enriched, that it may spend the more, and thus
shower down salaries upon the poor workmen. Take care not to listen to
this sophistry, for it is just by the systematizing of these arguments
that legal plunder becomes systematized.
Public-domain text, read in full here on John Shaqi.
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