ABSTRACT
This chapter reflects on the main criticisms against violence and political violence in legal theory and political theory within liberal democratic states and finds that none of them presents a convincing argument for the absolute moral prohibition of violent protest. It examines arguments on constitutional morality based upon principles of democracy, legitimacy, the rule of law, justice, and liberty from writers such as Habermas, Arendt, Rawls, Butler, and others. 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. It is even possible to position protest violence as beneficial to these moral principles under certain conditions. Conclusions are then drawn as to what limitations or requirements these principles do pose to violent protest.
