The Online Library of Liberty

A project of Liberty Fund, Inc.

• Introduction
• Foreword
• The Law
• Life Is a Gift From God
• What Is Law?
• A Just and Enduring Government
• The Complete Perversion of the Law
• A Fatal Tendency of Mankind
• Property and Plunder
• Victims of Lawful Plunder
• The Results of Legal Plunder
• The Fate of Non-conformists
• Who Shall Judge?
• The Reason Why Voting Is Restricted
• The Answer Is to Restrict the Law
• The Fatal Idea of Legal Plunder
• Perverted Law Causes Conflict
• Slavery and Tariffs Are Plunder
• Two Kinds of Plunder
• The Law Defends Plunder
• How to Identify Legal Plunder
• Legal Plunder Has Many Names
• Socialism Is Legal Plunder
• The Choice Before Us
• The Proper Function of the Law
• The Seductive Lure of Socialism
• Enforced Fraternity Destroys Liberty
• Plunder Violates Ownership
• Three Systems of Plunder
• Law Is Force
• Law Is a Negative Concept
• The Political Approach
• The Law and Charity
• The Law and Education
• The Law and Morals
• A Confusion of Terms
• The Influence of Socialist Writers
• The Socialists Wish to Play God
• The Socialists Despise Mankind
• A Defense of Compulsory Labor
• A Defense of Paternal Government
• The Idea of Passive Mankind
• Socialists Ignore Reason and Facts
• Socialists Want to Regiment People
• A Famous Name and an Evil Idea
• A Frightful Idea
• The Leader of the Democrats
• Socialists Want Forced Conformity
• Legislators Desire to Mold Mankind
• Legislators Told How to Manage Men
• A Temporary Dictatorship
• Socialists Want Equality of Wealth
• The Error of the Socialist Writers
• What Is Liberty?
• Philanthropic Tyranny
• The Socialists Want Dictatorship
• Dictatorial Arrogance
• The Indirect Approach to Despotism
• Napoleon Wanted Passive Mankind
• The Vicious Circle of Socialism
• The Doctrine of the Democrats
• The Socialist Concept of Liberty
• Socialists Fear All Liberties
• The Superman Idea
• The Socialists Reject Free Choice
• The Cause of French Revolutions
• The Enormous Power of Government
• Politics and Economics
• Proper Legislative Functions
• Law and Charity Are Not the Same
• The High Road to Communism
• The Basis For Stable Government
• Justice Means Equal Rights
• The Path to Dignity and Progress
• Proof of an Idea
• The Desire to Rule Over Others
• Let Us Now Try Liberty
• The Book and Author
• The Translation
• About the Publisher

Who Shall Judge?

The followers of Rousseau's school of thought—who consider themselves far advanced, but whom I consider twenty centuries behind the times—will not agree with me on this. But universal suffrage—using the word in its strictest sense—is not one of those sacred dogmas which it is a crime to examine or doubt. In fact, serious objections may be made to universal suffrage.

In the first place the word universal conceals a gross fallacy. For example, there are 36 million people in France. Thus, to make the right of suffrage universal, there should be 36 million voters. But the most extended system permits only 9 million people to vote. Three persons out of four are excluded. And more than this, they are excluded by the fourth. This fourth person advances the principle of incapacity as his reason for excluding the others. Universal suffrage means, then, universal suffrage for those who are capable. But there remains this question of fact: Who is capable? Are minors, females, insane persons, and persons who have committed certain major crimes the only ones to be determined incapable?