Violence and the Rule of Law

Abstract

Violence in an epoch of prison riots, police brutality, and political terrorism raises serious philosphical questions. In a democratic state, it is imperative to ask whether the law can be used to control violence, and, correlatively, what the proper role is for violence in enforcing the law. An analysis of the concept of violence is presented in which its commodity-like nature is stressed. Arguing that violence need not, but often does, involve a violation of a person's moral or legal rights, the thesis distinquishes it from injustices per se. The question, Should violence be used in quelling prison riots?, gives immediate focus to the investigation.