Justice, Administration of; Law -- Philosophy; Law and socialism; Property; Socialism and liberty
But there is also another disposition which is common to them. This is
to live and to develop, when they can, at the expense of one another.
This is no rash imputation, emanating from a gloomy, uncharitable
spirit. History bears witness to the truth of it, by the incessant wars,
the migrations of races, sectarian oppressions, the universality of
slavery, the frauds in trade, and the monopolies with which its annals
abound. This fatal disposition has its origin in the very constitution
of man--in that primitive, and universal, and invincible sentiment that
urges it towards its well-being, and makes it seek to escape pain.
Man can only derive life and enjoyment from a perpetual search and
appropriation; that is, from a perpetual application of his faculties to
objects, or from labor. This is the origin of property.
But also he may live and enjoy, by seizing and appropriating the
productions of the faculties of his fellow men. This is the origin of
plunder.
Now, labor being in itself a pain, and man being naturally inclined to
avoid pain, it follows, and history proves it, that wherever plunder
is less burdensome than labor, it prevails; and neither religion nor
morality can, in this case, prevent it from prevailing.
When does plunder cease, then? When it becomes more burdensome and more
dangerous than labor. It is
{6}
very evident that the proper aim of law is to oppose the fatal tendency
to plunder with the powerful obstacle of collective force; that all its
measures should be in favor of property, and against plunder.
But the law is made, generally, by one man, or by one class of men.
And as law cannot exist without the sanction and the support of a
preponderant force, it must finally place this force in the hands of
those who legislate.
This inevitable phenomenon, combined with the fatal tendency that, we
have said, exists in the heart of man, explains the almost universal
perversion of law. It is easy to conceive that, instead of being a check
upon injustice, it becomes its most invincible instrument.
It is easy to conceive that, according to the power of the legislator,
it destroys for its own profit, and in different degrees amongst the
rest of the community, personal independence by slavery, liberty by
oppression, and property by plunder.
It is in the nature of men to rise against the injustice of which they
are the victims. When, therefore, plunder is organized by law, for
the profit of those who perpetrate it, all the plundered classes tend,
either by peaceful or revolutionary means, to enter in some way into
the manufacturing of laws. These classes, according to the degree of
enlightenment at which they have arrived, may propose to themselves
two very different ends, when they thus attempt the attainment of their
political rights; either they may wish to put an end to lawful plunder,
or they may desire to take part in it.
Public-domain text, read in full here on John Shaqi.
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