Justice, Administration of; Law -- Philosophy; Law and socialism; Property; Socialism and liberty
When law and force keep a man within the bounds of justice, they impose
nothing upon him but a mere negation. They only oblige him to abstain
from doing harm. They violate neither his personality, his liberty, nor
his property. They only guard the personality, the liberty, the property
of others. They hold themselves on the defensive; they defend the equal
right of all. They fulfill a mission whose harmlessness is evident,
whose utility is palpable, and whose legitimacy is not to be disputed.
This is so true that, as a friend of mine once remarked to me, to say
that the aim of the law is to cause justice to reign, is to use an
expression that is not rigorously exact. It ought to be said, the aim
of the law is to prevent injustice from reigning. In fact, it is not
justice that has an existence of its own, it is injustice. The one
results from the absence of the other.
But when the law, through the medium of its necessary
agent--force--imposes a form of labor, a method or a subject of
instruction, a creed, or a worship, it is no longer negative; it acts
positively upon men. It substitutes the will of the legislator for their
own will, the initiative of the legislator for their own initiative.
They have no need to consult, to compare, or to foresee; the law does
all that for them. The intellect is for them a useless
{20}
encumbrance; they cease to be men; they lose their personality, their
liberty, their property.
Try to imagine a form of labor imposed by force, that is not a violation
of liberty; a transmission of wealth imposed by force, that is not a
violation of property. If you cannot succeed in reconciling this, you
are bound to conclude that the law cannot organize labor and industry
without organizing injustice.
When, from the seclusion of his office, a politician takes a view of
society, he is struck with the spectacle of inequality that presents
itself. He mourns over the sufferings that are the lot of so many of our
brethren, sufferings whose aspect is rendered yet more sorrowful by the
contrast of luxury and wealth.
He ought, perhaps, to ask himself whether such a social state has not
been caused by the plunder of ancient times, exercised in the way of
conquests; and by plunder of more recent times, effected through the
medium of the laws? He ought to ask himself whether, granting the
aspiration of all men to well-being and improvement, the reign of
justice would not suffice to realize the greatest activity of progress,
and the greatest amount of equality compatible with that individual
responsibility that God has awarded as a just retribution of virtue and
vice?
He never gives this a thought. His mind turns towards combinations,
arrangements, legal or factitious organizations. He seeks the remedy in
perpetuating and exaggerating what has produced the evil.
For, justice apart, which we have seen is only a negation, is there any
one of these legal arrangements that does not contain the principle of
plunder?
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account