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

Law Is a Negative Concept

The harmlessness of the mission performed by law and lawful defense is self-evident; the usefulness is obvious; and the legitimacy cannot be disputed.

As a friend of mine once remarked, this negative concept of law is so true that the statement, the purpose of the law is to cause justice to reign, is not a rigorously accurate statement. It ought to be stated that the purpose of the law is to prevent injustice from reigning. In fact, it is injustice, instead of justice, that has an existence of its own. Justice is achieved only when injustice is absent.

But when the law, by means of its necessary agent, force, imposes upon men a regulation of labor, a method or a subject of education, a religious faith or creed—then the law is no longer negative; it acts positively upon people. It substitutes the will of the legislator for their own wills; the initiative of the legislator for their own initiatives. When this happens, the people no longer need to discuss, to compare, to plan ahead; the law does all this for them. Intelligence becomes a useless prop for the people; they cease to be men; they lose their personality, their liberty, their property.

Try to imagine a regulation of labor imposed by force that is not a violation of liberty; a transfer of wealth imposed by force that is not a violation of property. If you cannot reconcile these contradictions, then you must conclude that the law cannot organize labor and industry without organizing injustice.