VIOLENCE AND THE LAW: NOTES UNDER THE INFLUENCE OF AN EXTREME VIOLENCE

Publication Year:
2003
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Downloads 939
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Repository URL:
http://digitalcommons.law.yale.edu/yls_sela/27
Author(s):
Rivera Ramos, Efrén
Tags:
Legitimacy of violence; foundational violence; disciplined violence; delegitimating violence
article description
Modern law has lived traversed by a paradox: in order to reduce violence, it legitimates it; but by legitimating it, it prevents its disappearance. It upholds it. It multiplies it. It contributes to its reproduction. This paradox is nurtured by three basic realities: (1) violence is found at the origin of many modern legal systems; (2) modern societies need to discipline violence to maintain order; and (3) law depends partially on violence for its effectiveness.