Frederic Bastiat's "The Law" Book Study

Transcription

1 1 Life Is a Gift from God (FEE, 3rd ed., pp. 1-2) a. What three gifts of God precede legislation? b. How is property gained by use of our talents? c. Where does law fit in the scheme of things? 2 Law and Government Properly Defined (2-3) a. What is the source of the collective right to protection? b. What uses of force pervert the law from its true purpose: organized justice? 3 A Just and Enduring Government (3-4) a. What is the price of the state's intervention into the private affairs of its citizens? b. What does Bastiat mean by "state-created displacements?" 4 Complete Perversion of the Law (4) a. How has the law been used to destroy its own objective? b. What are the two causes of this perversion? 5 A Fatal Tendency of Mankind (4-5) a. What are the two common aspirations of all people? b. What is the origin of the desire to live and prosper at the expense of others? 6 Property and Plunder (5-6) a. What is the origin of property? b. What is the origin of plunder? c. What is the proper purpose of the law? d. What accounts for its almost universal perversion? 7 Victims of Lawful Plunder (6-7) a. When plunder is organized by law, what is the natural reaction of the plundered classes? b. What is apt to happen when the tables are turned (topsy-turvy)? 1

2 8 The Results of Legal Plunder (7-8) a. What are some consequences of this perversion? b. What happens when law and morality contradict each other? c. What happens to those who express doubts as to the morality of such institutions? d. How does government suppress free speech? 9 Universal Suffrage? (8-10) a. Why does Bastiat believe that the result is to give "an exaggerated importance to political passions and conflicts? b. How do arguments over universal suffrage illustrate the problem? c. Why is voting restricted? d. Why is incapacity a motive for exclusion? e. Regardless of one's preferences concerning the extent of suffrage, what would cause the excitement over suffrage to die down? f. Why, if law were confined to its proper functions, would everyone's interest in the law be the same? 10 The Fatal Idea of Legal Plunder (10-12) a. When the law is used to redistribute property (plunder), why does every class grasp for power over it? b. Under what circumstances will political questions become "prejudicial, dominant, and all-absorbing?" c. Which country was generally most successful in keeping the law in bounds around 1850? d. What were the two issues in the United States around 1850 that always endangered the public peace? 11 Two Kinds of Plunder (12-13) a. What are the two kinds of plunder? 2

3 b. Why is socialism not an example of illegal plunder? c. Why does the law sometimes defend plunder and participate in it? d. Why is the victim of plunder sometimes treated as a criminal? 12 Legal Plunder Defined (13-14) a. How is legal plunder to be identified? b. What is the remedy? c. How is legal plunder defended? d. How may it be built into a whole system? 13 Legal Plunder Has Many Names (14-15) a. Identify some of ways of organizing legal plunder. b. How may socialism be opposed? 14 The Choice Before Us (19-16) a. What are the choices? b. What is the proper function of law? c. When does the use of force destroy justice? 3

4 15 The Seductive Lure of Socialism (16-17) a. What is the fallacy that Bastiat discussed? b. How does forced fraternity destroy Liberty? 16 The Roost of Plunder (17-18) a. What is the meaning of plunder? b. What is the nature of plunder as an idea, a system, and an injustice independent of personal intentions? 17 Three Systems of Plunder (18) a. Identify three varieties or systems of plunder. b. How did this popular aspiration to promote the general welfare through general plunder originate? 18 Law Is Force (19) a. Why can't the law be used to organise labor, education and religion? b. Why does Bastiat say that the proper functions of the law cannot lawfully extend beyond the proper functions of force? 19 Law Is a Negative Concept (19-20) a. Why is true law negative? b. Why is the positive use of law to regulate society dangerous? 20 The Politician s Approach (20) a. How do politicians attempt to remedy the ills of society, which may in fact be due to earlier plundering? 21 The Law and Charity (21) a. Why does Bastiat criticize the use of the treasury for charitable, educational, and religious purposes b. What are the ways that the law can create legal plunder? 22 The Law and Education (21) a. What are the two alternatives for the law and education? 23 The Law and Morality (22) 4

5 a. How does Bastiat respond to socialist objections to individualism? 24 A Confusion of Terms a. How do the socialists confuse the distinction between government and society? 25 Influence of Socialist Writers (23-24) a. How does Bastiat describe the socialist writers? 26 Socialists Want to Play God: (24-25) a. Identify the assumptions of socialist writers. b. What makes it evident they wish to play God? c. Who in their view should rule? d. What view do they take of mankind?] 27 Socialists Despise Mankind (25-26) a. How does Bastiat describe the thoughts of the socialist writers? 28 Defense of Paternal Government (26-27) a. What did Bossuet think was the responsibility of the prince? 29 The Idea of Passive Mankind (27-28) a. What did Fenelon, drawing on his classical studies, see as the proper role of the prince? 30 Socialists Ignore Reason and Facts (28-29) a. To who does Fenelon attribute the general happiness of the Egyptians? 31 Socialists Want to Regiment People (29) a. To what does Fenelon attribute the success of Crete? 32 A Famous Name and a Frightful Idea (30-32) a. What was a standard thought of Montesqieu? 33 Rousseau and Social Democracy (32-35) a. How did Rousseau describe the legislator? 34 Legislators Desire to Mold Mankind (35-37) a. How did Raynal think of legislators? 5

6 35 A Temporary Dictatorship (37) a. How did Mably think of punishment and rewards? 36 Socialist Vision of Equality (37-38) a. What was Condillac's thoughts on Law? 37 The Error of the Socialist Writers (38-39) a. Where did the socialist writers get their ideas of Laws? 6

7 38 What is Liberty? (39-40) a. What is the nature of the political struggle [Bastiat wrote immediately after the failed revolutions of 1848]? b. What is the nature of liberty? c. What sort of despotism do they seek to impose? d. What is the fatal desire of the socialist writers? 39 Philanthropic Tyranny (40-41) a. What is the evidence that the socialist writers want philanthropic tyranny or dictatorship? 40 Socialists Want Tyranny (41-42) a. How do socialist writers regard mankind? b. What is Robespierre s means to establish virtue? 41 Dictatorial Arrogance (42-43) a. What does Robespierre want to extenquish? 42 Indirect Despotism and Passive Mankind (43-44) a. How do socialist reformers impose their "plan" for society? 43 The Vicious Circle of Socialism (44-45) a. What is this circle? 44 The Doctrine of Social Democracy (45-46) a. What is the triple hypothesis of these philanthropists? 45 Socialists Fear All Liberties (46-48) a. How does Bastiat characterize the efforts of Louis Blanc? 46 The Government Shepherds and Their Sheep (48-49) a. How do the shepherds attack liberty? b. How does Bastiat mock them in turn? 47 Socialists Reject Free Choice (49-50) a. What does Bastiat say about the Socialists ideas? 7

8 b. Why does France lead the rest of Europe in red tape and revolutions? 48 Enormous Power of Government (50-51) a. What is the consequence of the government taking on all responsibility and then not fulfilling that responsibility? 49 Economics Precedes Politics (51-52) a. Why must a science of economics be developed before a science of politics? 50 Proper Legislative Functions (52) a. What are the proper legislative functions? b. What is not the proper legislative function? 51 Law and Charity Are Not the Same (53) a. What should be the mission of the law? 52 The Road to Communism (53-54) a. What is the necessary result of taking the road to communism? 53 Law Is Justice (54-55) a. If the government were limited to protecting life, liberty and property, who would blame them for the ills of the world? b. Why would there be no strife if the Law was limited to justice? 54 Justice Means Equal Rights (55-56) a. If Justice mean equal rights, can some have more rights than others? 55 Freedom, Dignity and Progress (56-57) a. Where does Bastiat think that the solution to the problems of human relationships can be found? 56 Do Not Claim to Know More Than God (57-58) a. Why are there too many "great" men in the world? 57 Let Us Now Try Liberty! (58) What is the single thing that Bastiat claims is the cure for our ills? 8