chapter  5
20 Pages

The Deficiencies of Law before Overwhelming Violence

This chapter elaborates on a theme developed in the previous chapters speaking of some normative and descriptive links between the use, misuse and abuse of law and how these relate directly to law and violence. Principally, the argument is that extreme violence shows up certain inadequacies in the law that go beyond mere systemic lack (of law and order resources) to conceptual befuddlement (given a monopoly on violence, when is might not right?). Is there a meaningful or consequential distinction between a monopoly on the legitimate use of force and a legitimate monopoly on the use of force? This refers back to the original and central question of the entire inquiry: Must a judicial entity decline to entertain a prosecution for criminal aggression as, ipso facto, an abuse or misuse of its procedure?