Luật pháp: Claude Frédéric Bastiat

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Luật pháp: Claude Frédéric Bastiat

“Luật pháp” được đánh giá là một cuốn sách kinh điển về luật pháp, được tác giả trình bày súc tích với câu từ đơn giản dễ hiểu. Đọc sách chúng ta sẽ hiểu được luật pháp là gì? Vai trò của luật pháp đối với đời sống con người, nó có tác động như thế nào đối với xã hội và từng cá nhân khi luật pháp đúng đắn và khi bị bóp méo. Và luật pháp bị bóp méo khi nào và điều gì làm cho luật pháp bị bóp méo.

Theo Bastiat thì con người có những quyền tự nhiên mà không có bất kỳ một ai khác được phép tước đoạt, ở đây ông nêu ra ba quyền: cá tính, tự do, tài sản. Ông đưa cho rằng Luật pháp là tổ chức bảo vệ một cách hợp pháp các quyền tự nhiên. Bảo vệ con người, bảo vệ quyền tự do và bảo vệ tài sản của mỗi người để không bị một người hay một nhóm người khác xâm hại.

Bastiat lý giải nguyên nhân của cướp bóc là do bản chất của con người có xu hướng trốn tránh đau đớn, mà lao động là đau đớn, nên người ta tìm cách cướp bóc khi cướp bóc nhẹ nhàng hơn lao động. Để giảm thiểu cướp bóc thì phải có biện pháp làm cho cướp bóc đau đớn hơn lao động, và đó chính là luật pháp. Ngoài ra ông còn đề cập tới “cướp bóc hợp pháp”, đó là khi cướp bóc trở nên phổ quát và bất công trở thành phổ biến. Hậu quả của “cướp bóc hợp pháp” là nó làm cho người ta không phân biệt được công lý và bất công.

“Khi luật pháp và đạo đức mâu thuẫn với nhau thì người công dân đứng trước lựa chọn khắc nghiệt: đánh mấy ý thức về đạo đức hoặc không tôn trọng pháp luật nữa.

Bastiat đưa ra ba lựa chọn:
1. Ít người cướp bóc nhiều người.
2. Mọi người cướp bóc lẫn nhau.
3. Không ai cướp bóc ai.

Theo ông thì lựa chọn thứ 3 là nguyên tắc của công lý, hòa bình, trật tự, ổn định, hài hòa và hợp logic. Đây cũng là chức năng đúng đắn của luật pháp.

Ngoài ra còn rất nhiều các vấn đề khác được ông viết ra như: quan hệ giữa luật pháp và bạo lực; luật pháp và từ thiện; luật pháp và giáo dục; luật pháp và đạo đức; các nhà lập pháp; …

Luật pháp đúng đắn là không loại trừ bất kỳ một con người bình thường nào, đó là điều kiện để công lý dẫn đầu, xã hội hòa bình, trật tự, ổn định và công bằng. Để có luật pháp đúng đắn và để thực thi sự đúng đắn của luật pháp thì mỗi người trong chúng ta phải hiểu rõ về luật pháp và làm đúng những gì luật pháp quy định. Đây là một cuốn sách giúp chúng ta làm được điều đó, nó cần thiết cho bất kỳ một con người bình thường nào và đặc biệt hơn là những ai muốn hướng tới tự do.

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