ABSTRACT
This chapter reflects on the main general criticisms against violence and political violence in legal theory and political theory and finds that none of them presents a convincing argument for the absolute moral prohibition of violent protest. It examines arguments from legalism, deontology, consequentialism and utilitarianism, and sociology from writers such as Kant, Arendt, Chenoweth and Stephan, and Butler. It analyses each argument in turn before presenting a critique, founded on moral philosophy and political philosophy, within the presumptions of liberal democratic theory. It is argued that these criticisms present important limitations on justifiable violent protest but not an absolute proscription against it. This allows, in the next chapter, for greater focus on specific criticisms against violent protest – regarding the principles of the rule of law, justice, legitimacy, and democracy – which are relevant to constitutional theory and constitutional morality.
