itique of Violence
“The tak of equ of iene ante summaries that of expound
in eaon fo lw and use For scat, homer fc feos
‘olen the ree seme of he word oni when ees or
‘anos. The per of tee relation deine byte cones la and
Tose Wich ened to thereof thes, ticle fn ibe mo eemenay
fash within an eal sytem that of ends meas a ater.
tore that violence ean Bat be sought ay ote fea mean notin
theres of ends These overvations poo peg of olen with
‘emis tha are more numerous sed ore vse han the) may pea
fnpeae. For wnene ina means,» cero for cian mh ea
inmate avilable impones ln te gucson wheter lence
2 pve cave fet means o's stor an wnt ead. A cq of weal
then be mpl in yt eds This however mors. For what
such atm, assuming to here again i ky woul oma
tor cero for viene sala principles tether tect oe
{ss of is use. The questo would remain open whee lec, as
pri, cold be smal meas event teh To esl ts austin
{ino exact stern eed, mhich would Svinte win he pte
Sfmt emt th rh sty se
excun of chs me prec eal appt i ehaps he pe
deminant err sma essen of eal hls naa ve
pervs in hee of en sat end no ser ple ha
{nan ses hs "right" o move hsb he Seton of sed pa.
According to this ew (for which the ert nthe Fen Revlon
‘povided ideological founda, since produc of waar, it
CCrigue of Violence 237
swore a raw material the use of whichis no way’ problematical unless
Tove miata fr ust ender acoeding eo the natwal aw theory of
the state people give up ll thee lene foe the sake of che state, this
‘done onthe assumption (hich Spinoza or example, poses exphctly im his
Sracans Theologce Politics| tha the individ before te conlasion of
hsvraonal contract has de fare the night tore wil he wiolenee that
ide fac this depos Perhaps hese views have een recently rekindle
by Darwin's biology which, it 2 thoroughly dogmatic manne, egal
‘ioence atthe only orginal means, besides tara seecon, appropiate
oval the vital ends of nature. Poplar Darwiistc philosophy has often
Shown ow short step i fom dis dogma of nara history eo the stl
‘rade one of gal pilonophy, which holds thatthe wolence tha, almost
lone, appropiate to nut ends thereby also lp.
This thesis of naturally, which regards violence as naar drum, is
iametilly oppo to tha of postive Lavy which ses violence 2s 2
prove of Bsr I maturl lwcan je all exiing Law ony crcizng
[sends then poutve lw can deal evolving law oly i ering ts
Ieans if jstoe the ceterion of ends, legal that of esses. Noth
Standing this antes, howeve, both schools ect nthe come Basi
‘lgmas ist ends ean be aramed by justi! means jsied means sed
for ist ends. Natural law ares hy the joss ofthe end “ist”
the mean, postive law to “parame” the ashes ofthe ends through the
Fusifstion of the means. This aninony would prove tnsluble if the
Common dogmatic aeampeon wer fae fasted means onthe one hand
Sd june end on the oer were sm recone confit. No insight into
‘his problem could be gned however an the ccuae argument had been
Broken, and sully independent criteria bod of jus ends and of sted
ane were eablshed
“The reaim of ends, and therefore also the question of ererion of
iusnee, ar exclded forthe tine beng fom ths dy. Instead, the cena
Place ie given tothe question of the jstcason of cera means that
onsite violence, Principles of atutal la cannot deve this question,
Fr can onl lead to bottomless anuity. Fo if post la Bind 0 he
hues of ens, narra aw equally 50 to the contingency of ans.
(Om the other hand the postive theory of law is accepabl aya hypothetical
basis a the outset ofthis study Because nderakes fundamental di
tinction beneeen Kinds of violence independently of cases of thei apc
tion This dvonetion 6: been historically acknowledped, sealed tan
tioned fowce and unsencttoned ore, Although he fllowing comderstons
prose om shit isineon, cana, ofcourse, mean tha ven Forms
Df vilence are classed in terme of whether they ae satoned oot. Foe
Inasritue of voknce, a crterion for he aterm postive law ch concern
hottest nly evaluation, The question that concer ss WhatCeitgue of Vokense
lights drown onthe aaate of violence by the fae that sch a cteson or
dscincon can be applic ro at all? In other words what ithe meaning
ofthis dsnction? That ds distinction supplied by postive lw is mean=
Inglul,based on the naute of wolens, and sreplaceable by any other
‘dicen will sm enough be shown, but a the same time light wll be
‘hd on the sphere n which alone such 4 dition can be made. To sum
lps ifthe exteron established by postive law to ase che legality of
‘tole can be snalyaed with regard to x meaning, then he sphere of ts
pplication muse he ceticued with rgard tos vae- For this estigue =
‘Hindpoint outside posi lgal philosophy bur ako ovtsde natural Iw
‘most he found. The exten o which ican be farised only By a phils
Phicorhinorcal iw of law wil emerge
The meaning of the daincton between Igtimate and illegitimate vo
lence ne immediately obwiows. The misundeseanding in natura law by
which a distinction i drawn benween wlence usd for Just ends abd
olence use for unist ends most be emphatically sejested, Rather, hak
leeady been indicted that ponv law demands af ll olence a proof of
“is historia origin, which under can conditions is declared legal, sane
‘one, Since the acknowledgment of egal wolence& most tangy evident
‘iva deliberate submission to ite ends 4 hypotheacal denction beeen
nds of violence most be Base om the presence or absence of 2 geneal
Istria acknowledge of sch, Ende tat lack sch acknowledgment
say be called natural ends ce other type may be cal legal eds. The
‘iierng fonction of volence, depending on whether serves natural oF
Teal ends canbe most clear traced against a backround of specie lel
conditions. For the sake of simply, de following discussion wil rear to
‘SontemporaryEsropean conditions
(Charstertc of ther, so fara the indvidal as legal subject is con
cemed the tendency 0 deny the natural ends of such individuals in all
howe cates im which sich ends could, sm given station, be usefully
pursued by violence, This means ths egal sytem eres oer in ll reas
‘ez individual ends cou be usefully pursbed by violence, legal ends that
‘hn be sealzed only by legal power Indeed, the sytem sever to lit by
icgl ends even thowe ate sn which narra ends ae admited n ponsple
wthin wide boundaries, ike ha of education, as soon as these natal ends
Ie pursed with an excessive measure of violence inthe laws eltng
toe mits of edationalauthonty to punish. Ian be fomulted 38
feneral masim of presentday Eoropean legltion tha al dhe natural ends
‘hindivabals mst collie with legal ends pursed wih a reste or leser
Alegre of wolnce The contradiction berwcen this and the right ole
‘stense wil be resolved in what follows From this maxi ic follows that,
law sees violence the Mande of snus as a danger undermining the
legal system. Ax a danger ling egal ends and the Tegal executive!
Cinque of Violence 239
Cenainly 0 for then what would ie condemned woud at be vise
‘ssc Bt ony that which etd olla nd il be agued at
® system of legal end cannot be faintine fatal cas re snywhere
Sul pursed wendy inthe Bac pac howeves this mete pa To
une tone igh prhap conser the sping psy tale’
incest 2 monopoly of rence vires builds expla ot by
the ies of preserving lel ends br, athe, by the ttn poe
Serving the lw fc that wale, when nov inthe hands of the fm
seen ny thee hat me ae by ee eset
tute the The sane maybe more dency gate for oe eee
bow oen the hereof the “ent” cna meet cpl say
ave be as aroused the secret admiration of the pale Ths can eat
0 rom his deed at oly from the ence o whch beat tes In
ths cas, hector the wane tht peeday lw een all areas
of sty to dey the inal appears aly sheen and arouses
en in defen the sympathy ofthe maser aga the law By ha action
‘ene can with eso com no thetening fhe and bev ered
by te must be epeallycrident where application ven nse preset
lea ste sll perme
“Thi above all the cn inthe ls sage inthe form ofthe workers
furan ight to eke. Teay organ Ibo pare er he sey
Probably the only lel subject cated fo encese violas gato his
View tere ncerly he bes thar an omason ome,
which sh ely cannot be debe at vilence. Sachs consideration
leavin mae esters mate pores concede the te 0 she
once hs was no longer avondale Butte nt ancoionaly and
thereover ured etre ha the eaaon of anton, ose
where i amousts spy toa "severing of relatos” can he ently
onolent pare mean. A ain che tw ofthe sat or he ag eight
{one conceded to abr i cerainy a rg o cates valence Hay
tas, ep om 8 ene ney cher byte mplayer es
ening this ay undoubelly eer from tine to tne and ine
‘nly 2 “withcawal or “esangeren from the emgloye The moment
‘i welec, however, neces, inchs form of xterm
‘och a omison, sf eke place nthe context of comsous readiness
‘rete spend acon ne cet ha cs ave
Dorin whatever todo with tis acto oe only soperically oy te
Understood ths way the ight ose conse he wo lf
whichis opposed that ofthe ste the right eo tae force m staning
eran ends The anthesis berwen the neo concptons eng inal te
teteres inthe ace of revolunonary gers Ta th bor wl
always appeal tog to sre, ane nate wl cll hs appeal an
hse ine th igh to srk was oto tended and wl ake emer240 Critique of Vokence
ency measures. Forth tate eas the sgh to declare hat a simultaneous
Ue of tke inal undastes i legal, since the specie reasons for strikes
‘mite by legislation cannot be prevalent in every workshop. In this
Aierence of iterpcation ss expresed the objecuve cntradicton in the
legal station, whereby the state acknowledges a visence whore cods, a5
natural ens sometimes regards wih inference but in a chs (te
revolutionary general strike] confront sical For however paradoscal
tha may appen fet ight, ven conduct ivoliag the exercise ofa ight
‘an neverthres, under ceain crcummanet, be Jesribed violent. More
Specially sich conduc, when active, may be elle len if i exerses
{phe in order to overthrow he least that has conferred st when
Pasig ive nesertels oe o described const extortion i the
fenveexpiind above. I thettore reveals an cbjestie contradiction ia the
Tegal station, hut noe a logical coneaicton inthe lav i under certain
situmstances the meets the kes, a prpeeaors of violence, with
‘onc, For inst the stat eas above ale that function of lence
Vehch the object ofthis study to del asthe ony secure foundation
tts riage. Fora woknce were, av fst appears, merely the mean
secure deetly whatever happes to be sought ie cold Falls end as
Predatory wolnse. It would be entirely utsuiable aa bass for oF
‘modification to rltvly stable conditions. The strike shows, however, that
irean be sox that rable to found and oy legal onions, however
tended the sense of oice may find lf there. willbe abjcted that
Sicha fonction of woknce we forertous and lated. This ean Be vebuted
bya consideration of mila force
“The pow of iy law ress om exactly the same objective conta
in in he legal station as does that of sre lawns om the face
that lg subjects sanction vense whowe ends remain forthe sancnoners
natura ends, and can therefore ina cts come ito conf with ther own
legal or natal ends. Admittedly, liar force i used quite direct a
predatory violence, toward ts ends, Yeti i very king that even,
Fisher, precy in primitive conditions that scarely know the beaming
‘of consatonl relations, and even ncases where the vetr ha established
imel in invulnerable possesion, 2 peace cetemony is eicly necessary:
Indeed, the word “peace” im the ama in which ip the correla to the
Stond "war for there also # gate diferent meaning, Simarly unmet
‘hora and politcal the one wsed by Kant in alking of “Etral Peace),
Ulnotes ths & prior neevnrysanchoning, rans of al ther lal
enna of every victory. This sanction sonants precy recognizing
the new conditions as anew “Law” quite regan of whether they need
ti facto any guarantee thet contiouation. I therefore, concasions ean
be aur fom matry violence, as beg primordial and paradigmatic of
All woence wed for aural end there awaking character inherent
in allguch voknce, We sal src ater to che plication ofthis ns
gue of Violence 241
{epi se abovementioned tendency of modern aw wo divest he ind
‘it ast «el se al ke he eee
Satur nthe teat somal ths volene corm th a wah he
threat of deli et laws teat thar ve today depts apt
‘in mporane instances hort he plc ast dey pesl es
Sat however fears this vlc spl fort avon characte bg
‘led acknowledge a iawingwhenetr extra ponent
{cone thn te ih occ wats nd ase ne focone
them heh vo se
IF the at war the rig of milky vse was the sain pint.
for pasonae cic uf ence In fncrabnhich taught oe oe
thing tht vkene no longer ecru an ated wane encore
tes tolence wa sujet rc no only forts wmang chat
tu ako, perhaps more ann for another of tr tncooos, Fort
daly inthe funn of encarta aac wih ea
‘one int being onl though gnc omsrpuon. Mas ste com
Fubory unveal ase of violence ua mcr othe end ofthe sete The
Complore of woence he recy een sts I lls ap
still more closely than, the use of violence self Init volence shows tll
i. facto que difees tom it spl appa fo ate eade I
consists inthe tse of lence ab a means toward lel eds Ro i
Sobordination of ies law athe presen canto the aw of one
emsripionis a legal end. ha fe funn of oleae eel i
[nmin ann ho wi fe ale te eae
Sine cnsrpaon saa aw peering vee tha orn
isingthed tom her cl cece ego free ta
the dlamarons of pace aad stv saga, Rather ach sees
‘oincies with the ctu ofl gal wolence that whe ce a
lq executive forced cannot be pionned by any les posta
Nox course~anles one peared fo pcm 2 que see
hte achieved by ego ached anh cont oe
Perce and by declaring. "Whav pleas ermited® Sachs seen
‘eels eine efon on the moral nd ise sphere abd theesy
{ny meaning action, ah beyond thom any meng seal a
whch annc be costuted "aon femdom pee Megs
inpran the fact that even he appeal so Huey steegecl
orgie dee cai ane
‘tim such aay that a all umes you toe Rumanty oth your genoa
nthe perv ose hs ch oe een
ins algae fo sch ia orp I ce of
‘oot, wll ceraily claim to schaowlege sad promote te ies
Imnknd in the pean ofc adler ne
‘craton and pservaton ofan oer mipoed by ate, While ta See,
Shh ins (0 prec Iw vetyhass canmot eng eric