Justice, Administration of; Law -- Philosophy; Law and socialism; Property; Socialism and liberty
Absence of plunder. This is the principle of justice, peace, order,
stability, conciliation, and of good sense, which I shall proclaim with
all the force of my lungs (which is very inadequate, alas!) till the day
of my death.
And, in all sincerity, can anything more be required at the hands of
the law? Can the law, whose necessary sanction is force, be reasonably
employed upon anything beyond securing to every one his right? I
defy anyone to remove it from this circle without perverting it, and
consequently turning force against right. And as this is the most fatal,
the most illogical social perversion that can possibly be imagined, it
must be admitted that the true solution, so much sought after, of the
social problem, is contained in these simple words--LAW IS ORGANIZED
JUSTICE.
Now it is important to remark, that to organize justice by law, that is
to say by force, excludes the idea of organizing by law, or by force any
manifestation whatever of human activity--labor, charity, agriculture,
commerce, industry, instruction, the fine arts, or religion; for any
one of these organizings would inevitably destroy the essential
organization. How, in fact, can we imagine force encroaching upon the
liberty of citizens without infringing upon justice, and so acting
against its proper aim?
Here I am taking on the most popular prejudice of our time. It is not
considered enough that law should be just,
{17}
it must be philanthropic. It is not sufficient that it should guarantee
to every citizen the free and inoffensive exercise of his faculties,
applied to his physical, intellectual, and moral development; it is
required to extend well-being, instruction, and morality, directly over
the nation. This is the fascinating side of socialism.
But, I repeat it, these two missions of the law contradict each other.
We have to choose between them. A citizen cannot at the same time be
free and not free. Mr. de Lamartine wrote to me one day thus: "Your
doctrine is only the half of my program; you have stopped at liberty, I
go on to fraternity." I answered him: "The second part of your program
will destroy the first." And in fact it is impossible for me to separate
the word fraternity from the word voluntary. I cannot possibly conceive
fraternity legally enforced, without liberty being legally destroyed,
and justice legally trampled under foot. Legal plunder has two roots:
one of them, as we have already seen, is in human greed; the other is in
misconceived philanthropy.
Before I proceed, I think I ought to explain myself upon the word
plunder.
Public-domain text, read in full here on John Shaqi.
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