The law grants us all the total freedom to sell; it needs to grant us the total freedom to buy.
Frédéric Bastiat
Complete Works, Volume 7, pages 30 to 33 (in French)
Mémorial bordelais, February 8th, 1846
This article published in the Mémorial bordelais aims at teaching the lessons learnt by the English Anti-Corn Laws League to those who would like to create a similar League in France. Frédéric Bastiat insists on the fact that such an association, if it were to be successful, needs to define a unique objective and stick to it. The reason is that this is the only way to avoid an ideological break-up of the members who all have different opinions on one point or another. If it is possible to agree on an absolute principle and stick to it, it is impossible to agree upon multiple different sensibilities on a large scale. This is how the League across the Channel could be successful and Frédéric Bastiat dreams of seeing the same thing happening in France.
Today’s quote finds its source in the principle of recognising property rights after the French revolution. These rights imply that everybody is free to sell his own property (recognising the abusus in “usus, abusus, fructus”). Frédéric Bastiat detects an attack against this right when the right to buy, which is necessary for a transaction to occur, is subject to restrictions. Unfortunately, he has not been heard and the legislative developments since 1846 in France have not only continued to restrict the right to buy but have also incessantly attacked property rights (be in by simply prohibiting the sale of some goods and services under the excuse of fighting against fraud or immorality but also by restricting usus – e.g. by regulating construction rights – or by restricting fructus – e.g. through all licensing regulations that grant privileges to some for conducting business). In the 21st century, the law does not grant the total freedom to sell anymore.
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