Saturday, March 16, 2013

Violence that upholds the legal order vs violence that destroys the legal order

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What distinguishes the violence that upholds the legal order from violence that destroys the legal order?

To establish order in society, we use violence (punishments, police enforcement, etc)
What distinguishes that violence which upholds the legal order from violence(criminals) that destroys the legal order?


GUIDING QUESTIONS:

How can violence be necessary to law and yet also destructive of law?

How do we know when violence is consistent with law?

Does it matter who is performing the violence rather than the kind of violence is being performed? That is, is it about actors or actions?

What role does society – rather than legal actors – play in shaping what is acceptable and what is not?
How is community shaped by law’s legitimate violence?

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