“1. If the one borrowing consents to pay the price, it is that this service done him does not appear to him too dear. One may borrow at 20 and even 30 per cent., if one foresees a gain of 40. 2. Why not look at the thing from the lender’s standpoint? If the return of the funds appears more or less doubtful, why should he not have the right to protect himself?” (Dictionary of Politics, by Maurice Block.)
These arguments prove, in fact, that it is impossible to determine beforehand and absolutely the rate at which it may be permitted to lend, and there are many cases where a very high interest may be legitimate: for instance, in what is called bottomry-loan, which consists in advances made to shipping merchants on their ships; the law here sanctions very high interest, because of the exceptional risks this kind of enterprise runs.
Does it, however, follow, as some economists seem to think, that there is no occasion to speak of usury, properly so called, that the term usurer is an insult, invented by ignorance, which has no real basis? This we cannot admit. Political economy and morality are two different things.
Even if one should admit that there is no reason for legally fixing the rate of interest, because money is a merchandise like all others which should be left to free circulation, to the free appreciation of the parties, it would not follow that there could be no abuse made of the required interest. Experience proves the contrary. It is not so much the rate of the interest which constitutes the injustice thereof, as the reasons and circumstances of the loan. If, taking advantage of the passions of youth, one loans to a prodigal, knowing him unable to refuse the conditions, because he only listens to pleasure; or if, seducing the ignorant, one dazzles him with magnificent bargains; or, lastly, if profiting by the common desire among peasants to enlarge their grounds, we advance them money, knowing they cannot return it, and secure thereby the property they think they are buying, in all such cases, or similar ones, there is always usury, and morality must condemn such hateful practices.
The hatefulness of usury is brought into strong relief in Molière’s celebrated scene in The Miser (Act ii., Sc. i.):
La Flèche: Suppose that the lender sees all the securities, and that the borrower be of age and of a family of large property, substantial, secure, clear and free from any incumbrances, there will then be drawn up a regular bond before a notary, as honest a man as may be found, who to this effect shall be chosen by the lender, to whom it is of particular importance that the bond be properly drawn up.
Cleante: That’s all right.
La Flèche: The lender not to burden his conscience with any scruples, means to give his money at the low rate of denier eighteen[25] (5, 9 per cent.) only.
Cleante: Denier eighteen? Jolly! That’s honest indeed! No fault to find there!
La Flèche: No. But as the said lender has not with him the sum in question, and, to oblige the borrower, he will himself be obliged to borrow from another at the rate of denier five (20 per cent.), it will be but just that the abovesaid first borrower should pay that interest without prejudice to the other, for it is only to oblige him that the said lender resorts to this loan.