There is a great, short book on this by Frederic Bastiat called "The Law," where he discusses this very issue. He wrote "The Law," in 1848 and if you want to look at the different aspects of this debate he breaks them all down. The book is only .99 on Kindle.
http://www.amazon.com/Law-Frederic-...=sr_1_1?s=books&ie=UTF8&qid=1323470300&sr=1-1
http://www.amazon.com/Law-Frederic-...=sr_1_1?s=books&ie=UTF8&qid=1323470300&sr=1-1
Propery and Plunder
Man can live and satisfy his wants only by ceaseless labor; by the ceaseless application of his faculties to natural resources. This is the origin of property.
But it is also true that a man may live and satisfy his wants by seizing and consuming the products of the labor of others. This process is the origin of plunder. Now since man is naturally inclined to avoid Pain--and since labor is pain in itself--it follows that men will resort to plunder whenever plunder is easier than work...When, then, does plunder stop? It stops when it becomes more painful and more dangerous than labor.
It is evident, then, that the proper purpose of law is to use the power of its collective force to stop this fatal tendency to plunder instead of work. All the measures of the law should protect property and punish plunder. But, generally, the law is made by one man or one class of men. And since law cannot operate without the sanction and support of a dominating force, this force must be entrusted to those who make the laws.
This fact, combined with the fatal tendency that exists in the heart of man to satisfy his wants with the least possible effort, explains the almost universal perversion of the law. Thus it is easy to understand how law, instead of checking injustice, becomes the invincible weapon of injustice. It is easy to understand why the law is used by the legislator to destroy in varying degrees among the rest of the people, their personal independence by slavery, their liberty by oppression, and their property by plunder. This is done for the benefit of the person who makes the law, and in proportion to the power that he holds.