In "The Law," Frédéric Bastiat argues that the sole purpose of the law is to protect the individual's right to personality, liberty, and property. He contends that the law should not be used to redistribute wealth or to benefit one group of people at the expense of another.
Bastiat begins by stating that the law is "the collective organization of the individual right to lawful defense." He establishes that the individual has a natural right to defend his personality, liberty, and property and that the law should only be used to protect and codify these rights. He argues that the law should be impartial and apply equally to all people, regardless of their social class or economic status.
I am inclined to generally agree with Bastiat's definition of the role of law; however, I don't think the application of Bastiat's law would be as cut and dried as he implies in his essay. For example, in the U.S., we have often wrestled with the issue of one person's religious freedom infringing on the rights of another person. In Bastiat's society, who would arbitrate the "freedom vs freedom" conflicts that would inevitably arise? That person or legislative body would have immense, unchecked power to define freedom however they wished.
Another issue I see with applying Bastiat's law is the external cost associated with unregulated capitalism. Without any regulatory body, pollution would be unchecked, and natural resources would undoubtedly end up mismanaged, leading to a tragedy of the commons situation.
Bastiat goes on to argue that the law is often used for unjust purposes, such as redistributing wealth or benefiting one group of people at the expense of another. He states that this kind of legal plunder violates the individual's right to property and is ultimately harmful to society as a whole. He also argues that legal plunder creates a cycle of poverty, as the rich and powerful use the law to their advantage while the poor and weak are left to suffer.
Bastiat seems to be intensely anti-tax in his essay, but ultimately I think taxes would still be required if his idea of the law was adopted. Someone would have to pay for the "collective defense" he describes, although I think this could be accomplished with a universal flat tax without violating any of his principles.
Bastiat strongly critiques the idea of socialism, which he argues would lead to a loss of individual liberty and an increase in government power. He contends that socialism is based on the false premise that the government can create wealth and that it is necessary for the state to intervene in the economy in order to achieve social justice. He argues that government intervention in the economy, which he calls forced philanthropy, ultimately harms society by stifling economic growth and creating inefficiencies.
This premise of Bastiat's is the one I agree with most. I firmly believe that any government intervention in the price system of a free market leads to inefficiency that stifles economic growth. This has been the case with rent control leading to housing shortages and farm subsidies leading to crop surplus and land mismanagement, among many other examples (Sowell, 2015).
Lastly, Bastiat argues against the hubris of legislators and their contempt for humanity. He claims that the characterization of leaders as transcendent beings who are naturally equipped to lead the masses is mistaken. He asserts that men are perfectly capable of leading themselves and would be able to do so better than any appointed legislator if they had true freedom.
While I think that political leaders tend to give themselves more self-importance than they deserve, I also believe it is important to at least have leaders to organize the common defense and to treat with other nations.
Overall, Bastiat argues that the law should be used to protect individual rights and that any use of the law that violates these rights is unjust. He contends that legal plunder (progressive taxes) and government intervention (forced philanthropism) in the economy harm society and that a free-market economy is the best way to achieve true justice. He warns against the dangers of socialism and the idea that the government can create wealth and instead advocates for limited government and individual freedom.
As I said before, I agree with many of the principles Bastiat lays out in his essay. However, the practical application of Bastiat's principles in society is another issue entirely. Like Socialism, Bastiat's law sounds good in theory but could lead to some absolutely horrific outcomes in practice.
Bastiat Frédéric. (n.d.). The bastiat collection. Ludwig von Mises Institute.
Sowell, T. (2015). Basic economics. Basic Books.
https://www.barnesandnoble.com/w/law-frederic-bastiat/1002346480?ean=9781680920635