Justice, Administration of; Law -- Philosophy; Law and socialism; Property; Socialism and liberty
the application of our faculties to these elements that the phenomena of
assimilation and of appropriation, by which life pursues the circle that
has been assigned to it are realized.
Existence, faculties, assimilation--in other words, personality,
liberty, property--this is man.
It is of these three things that it may be said, apart from all
demagogic subtlety, that they are anterior and superior to all human
legislation.
It is not because men have made laws, that personality, liberty, and
property exist. On the contrary, it is because personality, liberty, and
property exist beforehand, that men make laws. What, then, is law? As I
have said elsewhere, it is the collective organization of the individual
right to lawful defense.
Nature, or rather God, has bestowed upon every one of us the right to
defend his person, his liberty, and his property, since these are the
three constituent or preserving elements of life; elements, each of
which is rendered complete by the others, and that cannot be understood
without them. For what are our faculties, but the extension of our
personality? and what is property, but an extension of our faculties?
If every man has the right of defending, even by force, his person, his
liberty, and his property, a number of men have the right to combine
together to extend, to organize a common force to provide regularly for
this defense.
Collective right, then, has its principle, its reason for existing, its
lawfulness, in individual right; and the common force cannot rationally
have any other end, or any other mission, than that of the isolated
forces for which it is substituted. Thus, as the force of an individual
cannot lawfully touch the person, the liberty, or the property of
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another individual--for the same reason, the common force cannot
lawfully be used to destroy the person, the liberty, or the property of
individuals or of classes.
For this perversion of force would be, in one case as in the other, in
contradiction to our premises. For who will dare to say that force has
been given to us, not to defend our rights, but to annihilate the equal
rights of our brethren? And if this be not true of every individual
force, acting independently, how can it be true of the collective force,
which is only the organized union of isolated forces?
Nothing, therefore, can be more evident than this: The law is the
organization of the natural right of lawful defense; it is the
substitution of collective for individual forces, for the purpose of
acting in the sphere in which they have a right to act, of doing what
they have a right to do, to secure persons, liberties, and properties,
and to maintain each in its right, so as to cause justice to reign over
all.
Public-domain text, read in full here on John Shaqi.
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