The Law
Essay by 24 • November 30, 2010 • 1,697 Words (7 Pages) • 945 Views
THE LAW BY FREDERIC BASTIAT REVIEW
The definition of legal plunder is when the law takes something from one person and gives it to another without consent or compensation. This can be defined as property such as money, property or rights (the latter is biggest in my opinion).
However the definition is better defined by Bastiat himself as follows:
"When a portion of wealth is transferred from a person who owns it without his consent and with out compensation, and whether by force or by fraud to anyone who does not own it, then I say that property is violated; that an act of plunder is committed....." How is the legal plunder identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime......(The Law, p 21,24)
Bastiat said himself that slavery was a legal plunder cause you're taking someone rights away to benefit another.
The consequences of legal plunder in the legal system is bad laws. With bad laws you have higher crime rates, civil unrest, and if you keep plundering war or collapse. When you bring legal plunder into the legal system you are going against exactly what the founders of our country fought so very hard for. Even though the founders them selves fell short on plundering by allowing the citizens to own slaves. Slavery was one of biggest plunders in history. You are taking one persons rights and freedoms away to benefit another at the others expense.
That is one of the biggest legal plunders in history however there are modern examples of legal plunder being incorporated in the law. Below are just five legal plunders in modern time.
The Modern tax system is a legal plunder. In the Constitution it requires that direct taxes shall be apportioned, it also says that "duties, imposts, and excises shall, be uniform throughout the United States." After God gave you the right to earn your daily bread, can your neighbor compel you to give him some of your income to provide for him or vice versa? If you said yes, then it is a subject of a direct tax on his income and violates Congress's intent and you have created a "legal plunder." How can he delegate to the administrators of the government, to do that which neither he nor you cannot do? True Constitutional republican government is not designed to be in the welfare system and all other schemes that they are in.
The modern principle of "progressive rates of taxation," embodied in virtually all modern tax statutes, would be completely outlawed.
One of the most serious legal plunders in history has to be the privatization of the modern penal system.
The current system has turned by the plundering of government officials at all levels to such high prison populace by enacting unjust laws. What use to be a misdemeanor or a civil matter has now became criminal matters. Now since there is lack of space for prisoners the states have turned to corporate America for help. Which all a business is designed for is profit when the purpose of prison is punishment and reform. But the cost to reform is higher then the cost to just house a prisoner; so instead of rehabilitation all the prisons are just punishment and profit. So when the majority of prisoners get out they're either in most cases worse then before they went or the same. So all is created is a revolving door so the higher the crime rate the more profit these prisons that are sanctified by the law turn huge profits.
The current president and vice president are big legal plunders. The current administrations has passed so many laws and committed plundering at levels no other cabinet has. Look at Iraq war for example. The troops are being fed by Vice President Dick "Can't See" Cheney's friends company Haliburton. Haliburton got the job without a bidding war like other government contracts usually have. Then not satisfied with getting the contract Haliburton has performed terrible at it. Troops have reported roaches, hair or mold on there food. But despite this fact this plundering cabinet renewed the contract.
Rock Island County is a big plunderer as well. This county has laws that if you get arrested at anytime and you're in your vehicle no matter if you get pulled over or are at home they'll not just arrest you but tow your vehicle. Now you don't have just your bond to worry about but fee's and fines associated with this arrest. The penalties are so even if you're found not guilty you stil have to pay the fine on your car which is automatic $500 plus the towing and storage fee's. another thing is when the crime rate is down or just when they feel like it; the local police have a safety check (which isn't nothing but a road-block) for people coming into Rock Island. This safety check isn't nothing but a fishing expedition.
The last example of legal plundering is the current RIAA (Recording Industry Association) of America vs. Consumer battle. In this you have the government playing favorites to the RIAA by giving them authority to spy on consumers on the internet to see if they're downloading songs and if so bring charges or lawsuits against the consumer. Yes the record industry has the right to stop piracy however that is a business matter. The government is allowing the RIAA to violate your privacy rights by helping these multi-billion companies who quite evident aren't smart to begin with because they're harassing the consumer of their products.
By reading this book I've learned a lot. I didn't realize that some of the plundering that goes on effects me on such a high level.
The financial aid that helps me pay for college is technically a benefit from plundering. Next I had no idea that any French people at that time would actually seem to envy America at this time. Also I learned that the only thing worse is the people who govern a legally plunder but those who try to get elected to plunder for themselves. Another thing is Bastiat's view on America would be lasting to the effect it has. Lastly I never realized that societies have plundered at worse levels then the modern government has.
The Constitution is being violated on a daily basis by not just this current administration but past ones to but not at the rate the present has.
The current administration
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