Source: Law and Authority (1886), I
Context: Men who long for freedom begin the attempt to obtain it by entreating their masters to be kind enough to protect them by modifying the laws which these masters themselves have created!
But times and tempers are changed. Rebels are everywhere to be found who no longer wish to obey the law without knowing whence it comes, what are its uses, and whither arises the obligation to submit to it, and the reverence with which it is encompassed. The rebels of our day are criticizing the very foundations of society which have hitherto been held sacred, and first and foremost amongst them that fetish, law.
The critics analyze the sources of law, and find there either a god, product of the terrors of the savage, and stupid, paltry, and malicious as the priests who vouch for its supernatural origin, or else, bloodshed, conquest by fire and sword. They study the characteristics of law, and instead of perpetual growth corresponding to that of the human race, they find its distinctive trait to be immobility, a tendency to crystallize what should be modified and developed day by day.
Peter Kropotkin: Quotes about laws
Peter Kropotkin was Russian zoologist, evolutionary theorist, philosopher, scientist, revolutionary, economist, activist, geographer, writer. Explore interesting quotes on law.
Source: Law and Authority (1886), I
Context: In existing States a fresh law is looked upon as a remedy for evil. Instead of themselves altering what is bad, people begin by demanding a law to alter it. … In short, a law everywhere and for everything! A law about fashions, a law about mad dogs, a law about virtue, a law to put a stop to all the vices and all the evils which result from human indolence and cowardice.
We are so perverted by an education which from infancy seeks to kill in us the spirit of revolt, and to develop that of submission to authority; we are so perverted by this existence under the ferrule of a law, which regulates every event in life — our birth, our education, our development, our love, our friendship — that, if this state of things continues, we shall lose all initiative, all habit of thinking for ourselves. Our society seems no longer able to understand that it is possible to exist otherwise than under the reign of law, elaborated by a representative government and administered by a handful of rulers. And even when it has gone so far as to emancipate itself from the thralldom, its first care has been to reconstitute it immediately. "The Year I of Liberty" has never lasted more than a day, for after proclaiming it men put themselves the very next morning under the yoke of law and authority.
“Sociability is as much a law of nature as mutual struggle.”
"Mutual Aid as a Factor in Evolution" as quoted in The Cry for Justice : An Anthology of the Literature of Social Protest (1915) by Upton Sinclair
Context: A soon as we study animals — not in laboratories and museums only, but in the forest and prairie, in the steppe and in the mountains — we at once perceive that though there is an immense amount of warfare and extermination going on amidst various species, and especially amidst various classes of animals, there is, at the same time, as much, or perhaps even more, of mutual support, mutual aid, and mutual defence amidst animals belonging to the same species or, at least, to the same society. Sociability is as much a law of nature as mutual struggle. Of course it would be extremely difficult to estimate, however roughly, the relative numerical importance of both these series of facts. But if we resort to an indirect test, and ask Nature: "Who are the fittest: those who are continually at war with each other, or those who support one another?" we at once see that those animals which acquire habits of mutual aid are undoubtedly the fittest. They have more chances to survive, and they attain, in their respective classes, the highest development and bodily organization. If the numberless facts which can be brought forward to support this view are taken into account, we may safely say that mutual aid is as much a law of animal life as mutual struggle; but that as a factor of evolution, it most probably has a far greater importance, inasmuch as it favors the development of such habits and characters as insure the maintenance and further development of the species, together with the greatest amount of welfare and enjoyment of life for the individual, with the least waste of energy.
“They see a race of law-makers legislating without knowing what their laws are about”
Source: Law and Authority (1886), I
Context: They see a race of law-makers legislating without knowing what their laws are about; today voting a law on the sanitation of towns, without the faintest notion of hygiene, tomorrow making regulations for the armament of troops, without so much as understanding a gun; making laws about teaching and education without ever having given a lesson of any sort, or even an honest education to their own children; legislating at random in all directions, but never forgetting the penalties to be meted out to ragamufffins, the prison and the galleys, which are to be the portion of men a thousand times less immoral than these legislators themselves.
Source: Law and Authority (1886), II
Context: As man does not live in a solitary state, habits and feeling develop within him which are useful for the preservation of society and the propagation of the race. Without social feelings and usages life in common would have been absolutely impossible. It is not law which has established them; they are anterior to all law. Neither is it religion which has ordained them; they are anterior to all religions. They are found amongst all animals living in society. They are spontaneously developed by the new nature of things, like those habits in animals which men call instinct. They spring from a process of evolution, which is useful, and, indeed, necessary, to keep society together in the struggle it is forced to maintain for existence.
Source: Law and Authority (1886), II
Context: Relatively speaking, law is a product of modern times. For ages and ages mankind lived without any written law, even that graved in symbols upon the entrance stones of a temple. During that period, human relations were simply regulated by customs, habits, and usages, made sacred by constant repetition, and acquired by each person in childhood, exactly as he learned how to obtain his food by hunting, cattle-rearing, or agriculture.
All human societies have passed through this primitive phase, and to this day a large proportion of mankind have no written law. Every tribe has its own manners and customs; customary law, as the jurists say. It has social habits, and that suffices to maintain cordial relations between the inhabitants of the village, the members of the tribe or community. Even amongst ourselves — the "civilized" nations — when we leave large towns, and go into the country, we see that there the mutual relations of the inhabitants are still regulated according to ancient and generally accepted customs, and not according to the written law of the legislators.
Anarchism: Its Philosophy and Ideal (1896)
Context: Oh, the beautiful utopia, the lovely Christmas dream we can make as soon as we admit that those who govern represent a superior caste, and have hardly any or no knowledge of simple mortals' weaknesses! It would then suffice to make them control one another in hierarchical fashion, to let them exchange fifty papers, at most, among different administrators, when the wind blows down a tree on the national road. Or, if need be, they would have only to be valued at their proper worth, during elections, by those same masses of mortals which are supposed to be endowed with all stupidity in their mutual relations but become wisdom itself when they have to elect their masters.
All the science of government, imagined by those who govern, is imbibed with these utopias. But we know men too well to dream such dreams. We have not two measures for the virtues of the governed and those of the governors; we know that we ourselves are not without faults and that the best of us would soon be corrupted by the exercise of power. We take men for what they are worth — and that is why we hate the government of man by man, and that we work with all our might — perhaps not strong enough — to put an end to it.
But it is not enough to destroy. We must also know how to build, and it is owing to not having thought about it that the masses have always been led astray in all their revolutions. After having demolished they abandoned the care of reconstruction to the middle class people, who possessed a more or less precise conception of what they wished to realize, and who consequently reconstituted authority to their own advantage.
That is why Anarchy, when it works to destroy authority in all its aspects, when it demands the abrogation of laws and the abolition of the mechanism that serves to impose them, when it refuses all hierarchical organization and preaches free agreement — at the same time strives to maintain and enlarge the precious kernel of social customs without which no human or animal society can exist. Only, instead of demanding that those social customs should be maintained through the authority of a few, it demands it from the continued action of all.
Source: Law and Authority (1886), I
Context: All this we see, and, therefore, instead of inanely repeating the old formula, "Respect the law," we say, "Despise law and all its Attributes!" In place of the cowardly phrase, "Obey the law," our cry, is "Revolt against all laws!"
Anarchism: Its Philosophy and Ideal (1896)
Context: Far be it from us not to recognize the importance of the second factor, moral teaching — especially that which is unconsciously transmitted in society and results from the whole of the ideas and comments emitted by each of us on facts and events of every-day life. But this force can only act on society under one condition, that of not being crossed by a mass of contradictory immoral teachings resulting from the practice of institutions.
In that case its influence is nil or baneful. Take Christian morality: what other teaching could have had more hold on minds than that spoken in the name of a crucified God, and could have acted with all its mystical force, all its poetry of martyrdom, its grandeur in forgiving executioners? And yet the institution was more powerful than the religion: soon Christianity — a revolt against imperial Rome — was conquered by that same Rome; it accepted its maxims, customs, and language. The Christian church accepted the Roman law as its own, and as such — allied to the State — it became in history the most furious enemy of all semi-communist institutions, to which Christianity appealed at Its origin.
“Relatively speaking, law is a product of modern times.”
Source: Law and Authority (1886), II
Context: Relatively speaking, law is a product of modern times. For ages and ages mankind lived without any written law, even that graved in symbols upon the entrance stones of a temple. During that period, human relations were simply regulated by customs, habits, and usages, made sacred by constant repetition, and acquired by each person in childhood, exactly as he learned how to obtain his food by hunting, cattle-rearing, or agriculture.
All human societies have passed through this primitive phase, and to this day a large proportion of mankind have no written law. Every tribe has its own manners and customs; customary law, as the jurists say. It has social habits, and that suffices to maintain cordial relations between the inhabitants of the village, the members of the tribe or community. Even amongst ourselves — the "civilized" nations — when we leave large towns, and go into the country, we see that there the mutual relations of the inhabitants are still regulated according to ancient and generally accepted customs, and not according to the written law of the legislators.
Source: Law and Authority (1886), II
Context: The hospitality of primitive peoples, respect for human life, the sense of reciprocal obligation, compassion for the weak, courage, extending even to the sacrifice of self for others which is first learnt for the sake of children and friends, and later for that of members of the same community — all these qualities are developed in man anterior to all law, independently of all religion, as in the case of the social animals. Such feelings and practices are the inevitable results of social life. Without being, as say priests and metaphysicans, inherent in man, such qualities are the consequence of life in common.
But side by side with these customs, necessary to the life of societies and the preservation of the race, other desires, other passions, and therefore other habits and customs, are evolved in human association. The desire to dominate others and impose one's own will upon them; the desire to seize upon the products of the labor of a neighboring tribe; the desire to surround oneself with comforts without producing anything, while slaves provide their master with the means of procuring every sort of pleasure and luxury — these selfish, personal desires give rise to another current of habits and customs.
Source: Law and Authority (1886), IV
Context: The millions of laws which exist for the regulation of humanity appear upon investigation to be divided into three principal categories: protection of property, protection of persons, protection of government. And by analyzing each of these three categories, we arrive at the same logical and necessary conclusion: the uselessness and hurtfulness of law.
Source: Law and Authority (1886), I
Context: In existing States a fresh law is looked upon as a remedy for evil. Instead of themselves altering what is bad, people begin by demanding a law to alter it. … In short, a law everywhere and for everything! A law about fashions, a law about mad dogs, a law about virtue, a law to put a stop to all the vices and all the evils which result from human indolence and cowardice.
We are so perverted by an education which from infancy seeks to kill in us the spirit of revolt, and to develop that of submission to authority; we are so perverted by this existence under the ferrule of a law, which regulates every event in life — our birth, our education, our development, our love, our friendship — that, if this state of things continues, we shall lose all initiative, all habit of thinking for ourselves. Our society seems no longer able to understand that it is possible to exist otherwise than under the reign of law, elaborated by a representative government and administered by a handful of rulers. And even when it has gone so far as to emancipate itself from the thralldom, its first care has been to reconstitute it immediately. "The Year I of Liberty" has never lasted more than a day, for after proclaiming it men put themselves the very next morning under the yoke of law and authority.
Source: The State — Its Historic Role (1897), I
Context: The Roman Empire was a State in the real sense of the word. To this day it remains the legist's ideal. Its organs covered a vast domain with a tight network. Everything gravitated towards Rome: economic and military life, wealth, education, nay, even religion. From Rome came the laws, the magistrates, the legions to defend the territory, the prefects and the gods, The whole life of the Empire went back to the Senate — later to the Caesar, the all powerful, omniscient, god of the Empire. Every province, every district had its Capitol in miniature, its small portion of Roman sovereignty to govern every aspect of daily life. A single law, that imposed by Rome, dominated that Empire which did not represent a confederation of fellow citizens but was simply a herd of subjects.
Even now, the legist and the authoritarian still admire the unity of that Empire, the unitarian spirit of its laws and, as they put it, the beauty and harmony of that organization.
But the disintegration from within, hastened by the barbarian invasion; the extinction of local life, which could no longer resist the attacks from outside on the one hand nor the canker spreading from the centre on the other; the domination by the rich who had appropriated the land to themselves and the misery of those who cultivated it — all these causes reduced the Empire to a shambles, and on these ruins a new civilization developed which is now ours.
An Appeal to the Young (1880)
Context: If you reason instead of repeating what is taught you; if you analyze the law and strip off those cloudy fictions with which it has been draped in order to conceal its real origin, which is the right of the stronger, and its substance, which has ever been the consecration of all the tyrannies handed down to mankind through its long and bloody history; when you have comprehended this, your contempt for the law will be profound indeed. You will understand that to remain the servant of the written law is to place yourself every day in opposition to the law of conscience, and to make a bargain on the wrong side; and, since this struggle cannot go on forever, you will either silence your conscience and become a scoundrel, or you will break with tradition, and you will work with us for the utter destruction of all this injustice, economic, social and political.
“Such was law; and it has maintained its two-fold character to this day.”
Source: Law and Authority (1886), II
Context: Legislators confounded in one code the two currents of custom of which we have just been speaking, the maxims which represent principles of morality and social union wrought out as a result of life in common, and the mandates which are meant to ensure external existence to inequality.
Customs, absolutely essential to the very being of society, are, in the code, cleverly intermingled with usages imposed by the ruling caste, and both claim equal respect from the crowd. "Do not kill," says the code, and hastens to add, "And pay tithes to the priest." "Do not steal," says the code, and immediately after, "He who refuses to pay taxes, shall have his hand struck off."
Such was law; and it has maintained its two-fold character to this day. Its origin is the desire of the ruling class to give permanence to customs imposed by themselves for their own advantage. Its character is the skillful commingling of customs useful to society, customs which have no need of law to insure respect, with other customs useful only to rulers, injurious to the mass of the people, and maintained only by the fear of punishment.
Source: Law and Authority (1886), II
Context: Relatively speaking, law is a product of modern times. For ages and ages mankind lived without any written law, even that graved in symbols upon the entrance stones of a temple. During that period, human relations were simply regulated by customs, habits, and usages, made sacred by constant repetition, and acquired by each person in childhood, exactly as he learned how to obtain his food by hunting, cattle-rearing, or agriculture.
All human societies have passed through this primitive phase, and to this day a large proportion of mankind have no written law. Every tribe has its own manners and customs; customary law, as the jurists say. It has social habits, and that suffices to maintain cordial relations between the inhabitants of the village, the members of the tribe or community. Even amongst ourselves — the "civilized" nations — when we leave large towns, and go into the country, we see that there the mutual relations of the inhabitants are still regulated according to ancient and generally accepted customs, and not according to the written law of the legislators.
Source: Law and Authority (1886), II
Context: Legislators confounded in one code the two currents of custom of which we have just been speaking, the maxims which represent principles of morality and social union wrought out as a result of life in common, and the mandates which are meant to ensure external existence to inequality.
Customs, absolutely essential to the very being of society, are, in the code, cleverly intermingled with usages imposed by the ruling caste, and both claim equal respect from the crowd. "Do not kill," says the code, and hastens to add, "And pay tithes to the priest." "Do not steal," says the code, and immediately after, "He who refuses to pay taxes, shall have his hand struck off."
Such was law; and it has maintained its two-fold character to this day. Its origin is the desire of the ruling class to give permanence to customs imposed by themselves for their own advantage. Its character is the skillful commingling of customs useful to society, customs which have no need of law to insure respect, with other customs useful only to rulers, injurious to the mass of the people, and maintained only by the fear of punishment.
Anarchism: Its Philosophy and Ideal (1896)
Context: Once a German jurist of great renown, Ihering, wanted to sum up the scientific work of his life and write a treatise, in which he proposed to analyze the factors that preserve social life in society. "Purpose in Law" (Der Zweck im Rechte), such is the title of that book, which enjoys a well-deserved reputation.
He made an elaborate plan of his treatise, and, with much erudition, discussed both coercive factors which are used to maintain society: wagedom and the different forms of coercion which are sanctioned by law. At the end of his work he reserved two paragraphs only to mention the two non-coercive factors — the feeling of duty and the feeling of mutual sympathy — to which he attached little importance, as might be expected from a writer in law.
But what happened? As he went on analyzing the coercive factors he realized their insufficiency. He consecrated a whole volume to their analysis, and the result was to lessen their importance! When he began the last two paragraphs, when he began to reflect upon the non-coercive factors of society, he perceived, on the contrary, their immense, outweighing importance; and instead of two paragraphs, he found himself obliged to write a second volume, twice as large as the first, on these two factors: voluntary restraint and mutual help; and yet, he analyzed but an infinitesimal part of these latter — those which result from personal sympathy — and hardly touched free agreement, which results from social institutions.
Source: Law and Authority (1886), I
Context: Men who long for freedom begin the attempt to obtain it by entreating their masters to be kind enough to protect them by modifying the laws which these masters themselves have created!
But times and tempers are changed. Rebels are everywhere to be found who no longer wish to obey the law without knowing whence it comes, what are its uses, and whither arises the obligation to submit to it, and the reverence with which it is encompassed. The rebels of our day are criticizing the very foundations of society which have hitherto been held sacred, and first and foremost amongst them that fetish, law.
The critics analyze the sources of law, and find there either a god, product of the terrors of the savage, and stupid, paltry, and malicious as the priests who vouch for its supernatural origin, or else, bloodshed, conquest by fire and sword. They study the characteristics of law, and instead of perpetual growth corresponding to that of the human race, they find its distinctive trait to be immobility, a tendency to crystallize what should be modified and developed day by day.