The Purpose of Human Laws: Protecting Life, Liberty, and Property
"Why do we have human laws?"
This question often provokes various interpretations, ranging from the perspective of religious individuals who believe laws are divine in origin to those who consider laws a collective effort to improve societal conditions. However, the core purpose of human laws can be succinctly explained as a means to ensure the protection of life, liberty, and property. These three fundamental rights are not just necessities for survival but are also inalienable gifts from God, according to Enlightenment thinkers.
To Achieve Collective Benefits and Specialization
Human laws derive from our inherent need to function as a cohesive society. By constituting a framework of shared processes and practices, we can reap the benefits of specialization. For instance, instead of spending all of one's time tilling a small plot of land by hand, individuals can purchase food from supermarkets, enjoy light at night, and receive medical treatment for infections. The establishment of these laws helps define the conditions under which we can collectively thrive.
Without such laws, individuals would be at the mercy of their circumstances. They would toil in muddy fields, constantly worried about the possibility of theft by local thugs or pestilence decimating their crops, leading to potential starvation during the winter months.
To Establish and Defend Justice
Another critical function of human laws is to establish and defend justice, thereby securing and safeguarding our most sacred rights—life, liberty, and property. Justice ensures that these fundamental rights are protected, allowing individuals to live in peace and security. It is essential to acknowledge that while some may advocate for laws that correct and direct human behavior to improve the human condition, fundamentally, laws that deprive individuals of their lives, liberty, or property are fundamentally unjust and morally abhorrent.
As Frédéric Bastiat so eloquently wrote in his book The Law in 1850, life is a gift from God, encompassing physical, intellectual, and moral life. However, life alone cannot sustain us; instead, we must harness our faculties and natural resources to thrive. Thus, life, liberty, and property are interdependent; we cannot protect one without the others.
What Is Law ?
What then is law? Frédéric Bastiat defined law as the collective organization of the individual right to lawful defense. Every person has a natural right, from God, to defend their person, liberty, and property. This right is the cornerstone of human laws. The primary mission of collective force is to protect these individual rights.
He argued that individual force cannot lawfully use violence against another's person, liberty, or property, and the same principle should apply to the collective force. If a law violates these fundamental rights, it is a perversion and a moral abomination. The law is meant to restore justice and prevent harm, not to perpetuate it.
Conclusion
The beauty of the Enlightenment view is its simplicity. Life, liberty, and property are natural rights that must be protected by laws. These laws are designed to ensure that each individual and group can exercise their rights without interference. The ultimate goal is to maintain a society where justice reigns, and everyone's dignity and happiness are upheld.
To summarize, the purpose of human laws is to protect life, liberty, and property, thereby ensuring a just and equitable society.