We cannot live in peace without Law. And though law cannot be perfect, it may be just if it is written in ignorance of the identity of the claimants and applied equally to all. Then it is a possession not only of the claimants but of the society, which may now base its actions upon a reasonable assumption of the law’s treatment.

But “fairness” is not only a nonlegal but an antilegal process, for it deals not with universally applicable principles and strictures, but with specific cases, responding to the perceived or proclaimed needs of individual claimants, and their desire for extralegal preference. And it could be said to substitute fairness (a determination which must always be subjective) for justice (the application of the legislated will of the electorate), is to enshrine greed—the greed, in this case, not for wealth, but for preference.

The Left’s current sentiment for the confiscation of benefits legally earned, but to them offensive, is Greed.

To wish to abrogate a legal contract between employer and employee because a nonparticipant feels someone got too much money is greed. It is not greed for money, but covetousness born of envy—the desire for that which legally belongs to another. That those in favor of this may not want the actual money for their own use is beside the point—they want the enjoyment of the power to strip the money from another. They may not use the confiscated funds to buy a car or a meal, but the billionaire who earns another million dollars cannot spend it either—he, like the offended Liberal, is enjoying the warm glow of its possession. A rampant and untrammeled glee, an unchecked ambition for gain is, in the individual, called miserliness; in the society which strips him of it, it is called Socialism.

Who is to decide what is too much? Various religions demand or suggest tithing, and the State demands taxes; both are based upon the principle of proportionality—that is, the surrender of a percentage of earnings.

This seems to be both fair and just. Do some cheat on taxes? Of course—but the Legislature, in its wisdom, has passed laws criminalizing this behavior—not because it leaves the individual with “unearned wealth,” but because it deprives the society of its just legislated share.

Do some avoid taxes through cunning and chicanery? Of course. But there is a line, as in any business, between fraud and sharp practice. And the individual is free to figure his taxes according to his consideration of his own best legal interest. Should he cross the line, he is free to go to jail.

It is the business of government to tax the individual sufficiently to support the legitimate operations of Government. The identity of these legitimate purposes is a matter of debate, which may begin in society at large, but must culminate in the Legislature. When the greed of the Legislature oversteps the will of the People, and its understanding of the role of government, they may be voted out.

What institution is more greedy than Government?

What individual more ravenous than the Perpetual Candidate who is every politician?

We are all subject to envy, covetousness, and greed (else why would we find them in the Ten Commandments?). The purpose of religion and of morality is to limit these corrosive influences on the mind and soul. The purpose of law is to control the destructive actions which spring therefrom.

But not all the actions of ambition spring from Greed. One may grow wealthy through hard work, through persistence, or, indeed, by chance or lucky accident. (Many gullible purchasers of western land in the nineteenth century found themselves duped, in the discovery that their beautifully described property was oozing black sludge, which sludge, on the invention of the automobile, made them and their descendants wealthy beyond belief.)

And one may be greedy as the Horse Leech’s Daughter, but, absent luck and crime (dealt with above), he may not gain wealth. Greed is a sin. Ambition is a virtue. Society may express its appreciation of the fine distinction through gossip, but the law cannot take notice of anything other than crime. Greed does not create wealth. Barring luck and crime, wealth may only be created through satisfying the needs of others.

A motion picture studio and its bosses may be as greedy as they like, but they can only gain through the public’s desire to buy tickets. Are the producers and the studio and network heads greedy? Perhaps; consumed and devoured by covetousness, perhaps; but they only grow rich through bringing pleasure to the audience.53 And this holds true of every other good and service. In the Free Market the individual can prosper only through providing for the desires of others.

But are there not cartels and so on? Of course, but they, if merely noxious, are to be borne, or dealt with through withdrawal of custom; if actually illegal, they are the province of the law, and if immoral, that of society, which may deal with them under the law or change the law.

But what of the massive collapse of the housing market?

President Obama spoke of “predatory lending.” But how can lending be predatory which is not usurious? It cannot. No one forced the virtually cost-free loans upon the borrowers. They took the loans in hope of gain. The banks made the loans in hope of gain. Is either side greedy? The actions of the banks may have been ambitious, but what, otherwise, is the nature of a business? And the borrowers’ desire to get the best possible terms at the lowest cost, had the market not failed, would have been hailed as genius. It is disingenuous, then, that the borrowers, having lost, are championed by those who enjoy identifying them as victims.

(Imagine two golfers. One suggests an unusually high bet on one hole. The other accepts. The first man wins, and the loser explains: “I thought you were just kidding.” Well, perhaps he did, and perhaps he did not, but the question is not what he thought, but would he [having accepted the bet, kidding or not] have accepted the money had he won? Had the housing market continued to rise, would the borrowers have accepted the gain? Of course. As would you and I. How, then, can the loans be called “predatory lending”? Only by suggesting the borrowers’ incapacity to form a legal contract. On what basis?)

That the borrowers lost is unfortunate. But had they won they would have taxed the next buyers with the increase in their property’s value, rewarding and applauding themselves not only for their foresight but for the bravery of their investment.

Absent luck there is no gain without risk. One may risk one’s savings, one’s time, one’s energy, and so on, but inherent in the Pursuit of Happiness is risk; and the essential freedom of our Democracy is the freedom to risk, that is to try, which has made us the most prosperous nation in the history of the world.54

Some success is borne, by the public, and not envied. There was much outcry when a director of the stock exchange was awarded a vast golden parachute, and fury over the salaries of various executives whose businesses have failed. But who suggests that the contract of a highly paid pitcher be torn up because his team did poorly, or that a movie star whose last film flopped return his salary?

But, one might say, the highly paid money manipulators, stock market operations, et cetera,

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