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chapter two: On Legitimate Political Jurisdiction vis-à-vis Economic Activity - Benjamin Constant, Principles of Politics Applicable to All Governments [1815]

Edition used:

Principles of Politics Applicable to a all Governments, trans. Dennis O’Keeffe, ed. Etienne Hofmann, Introduction by Nicholas Capaldi (Indianapolis: Liberty Fund, 2003).

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


chapter two

On Legitimate Political Jurisdiction vis-à-vis Economic Activity

Society having no political prerogatives over individuals except when these prevent them harming each other, likewise economic activity, unless taken to be injurious, is subject to no such jurisdiction. But one man’s economic activity cannot hurt his peers, as long as he does not invoke in favor of his own activity and against theirs, help of another sort. It is in the nature of business to struggle against rivals, by way of perfectly free competition and efforts to attain an intrinsic superiority. All other types of means it might try to use constitute not economic activity but oppression or fraud. Society would be in the right, indeed, even obliged, to stop this. From this right which society possesses, however, it follows not at all that it has the right to use against the economic activity of one person, in favor of another’s, means which it must forbid equally to all.

All the objections brought together in Book X against the obstacles put in the way of property’s being possessed or [277] transferred acquire a double force when they are applied to production. These objections are based for the most part on the ease with which prohibitive laws are eluded and on the corruption entailed by the opportunities men get to disobey the laws. Now, the nature of economic activity offers far more openings to secret and unpunished transgressions than the nature of landed property.