itique of Violence “The tak of equ of iene ante summaries that of expound in eaon fo lw and use For scat, homer fc feos ‘olen the ree seme of he word oni when ees or ‘anos. The per of tee relation deine byte cones la and Tose Wich ened to thereof thes, ticle fn ibe mo eemenay fash within an eal sytem that of ends meas a ater. tore that violence ean Bat be sought ay ote fea mean notin theres of ends These overvations poo peg of olen with ‘emis tha are more numerous sed ore vse han the) may pea fnpeae. For wnene ina means,» cero for cian mh ea inmate avilable impones ln te gucson wheter lence 2 pve cave fet means o's stor an wnt ead. A cq of weal then be mpl in yt eds This however mors. For what such atm, assuming to here again i ky woul oma tor cero for viene sala principles tether tect oe {ss of is use. The questo would remain open whee lec, as pri, cold be smal meas event teh To esl ts austin {ino exact stern eed, mhich would Svinte win he pte Sfmt emt th rh sty se excun of chs me prec eal appt i ehaps he pe deminant err sma essen of eal hls naa ve pervs in hee of en sat end no ser ple ha {nan ses hs "right" o move hsb he Seton of sed pa. According to this ew (for which the ert nthe Fen Revlon ‘povided ideological founda, since produc of waar, it CCrigue of Violence 237 swore a raw material the use of whichis no way’ problematical unless Tove miata fr ust ender acoeding eo the natwal aw theory of the state people give up ll thee lene foe the sake of che state, this ‘done onthe assumption (hich Spinoza or example, poses exphctly im his Sracans Theologce Politics| tha the individ before te conlasion of hsvraonal contract has de fare the night tore wil he wiolenee that ide fac this depos Perhaps hese views have een recently rekindle by Darwin's biology which, it 2 thoroughly dogmatic manne, egal ‘ioence atthe only orginal means, besides tara seecon, appropiate oval the vital ends of nature. Poplar Darwiistc philosophy has often Shown ow short step i fom dis dogma of nara history eo the stl ‘rade one of gal pilonophy, which holds thatthe wolence tha, almost lone, appropiate to nut ends thereby also lp. This thesis of naturally, which regards violence as naar drum, is iametilly oppo to tha of postive Lavy which ses violence 2s 2 prove of Bsr I maturl lwcan je all exiing Law ony crcizng [sends then poutve lw can deal evolving law oly i ering ts Ieans if jstoe the ceterion of ends, legal that of esses. Noth Standing this antes, howeve, both schools ect nthe come Basi ‘lgmas ist ends ean be aramed by justi! means jsied means sed for ist ends. Natural law ares hy the joss ofthe end “ist” the mean, postive law to “parame” the ashes ofthe ends through the Fusifstion of the means. This aninony would prove tnsluble if the Common dogmatic aeampeon wer fae fasted means onthe one hand Sd june end on the oer were sm recone confit. No insight into ‘his problem could be gned however an the ccuae argument had been Broken, and sully independent criteria bod of jus ends and of sted ane were eablshed “The reaim of ends, and therefore also the question of ererion of iusnee, ar exclded forthe tine beng fom ths dy. Instead, the cena Place ie given tothe question of the jstcason of cera means that onsite violence, Principles of atutal la cannot deve this question, Fr can onl lead to bottomless anuity. Fo if post la Bind 0 he hues of ens, narra aw equally 50 to the contingency of ans. (Om the other hand the postive theory of law is accepabl aya hypothetical basis a the outset ofthis study Because nderakes fundamental di tinction beneeen Kinds of violence independently of cases of thei apc tion This dvonetion 6: been historically acknowledped, sealed tan tioned fowce and unsencttoned ore, Although he fllowing comderstons prose om shit isineon, cana, ofcourse, mean tha ven Forms Df vilence are classed in terme of whether they ae satoned oot. Foe Inasritue of voknce, a crterion for he aterm postive law ch concern hottest nly evaluation, The question that concer ss WhatCeitgue of Vokense lights drown onthe aaate of violence by the fae that sch a cteson or dscincon can be applic ro at all? In other words what ithe meaning ofthis dsnction? That ds distinction supplied by postive lw is mean= Inglul,based on the naute of wolens, and sreplaceable by any other ‘dicen will sm enough be shown, but a the same time light wll be ‘hd on the sphere n which alone such 4 dition can be made. To sum lps ifthe exteron established by postive law to ase che legality of ‘tole can be snalyaed with regard to x meaning, then he sphere of ts pplication muse he ceticued with rgard tos vae- For this estigue = ‘Hindpoint outside posi lgal philosophy bur ako ovtsde natural Iw ‘most he found. The exten o which ican be farised only By a phils Phicorhinorcal iw of law wil emerge The meaning of the daincton between Igtimate and illegitimate vo lence ne immediately obwiows. The misundeseanding in natura law by which a distinction i drawn benween wlence usd for Just ends abd olence use for unist ends most be emphatically sejested, Rather, hak leeady been indicted that ponv law demands af ll olence a proof of “is historia origin, which under can conditions is declared legal, sane ‘one, Since the acknowledgment of egal wolence& most tangy evident ‘iva deliberate submission to ite ends 4 hypotheacal denction beeen nds of violence most be Base om the presence or absence of 2 geneal Istria acknowledge of sch, Ende tat lack sch acknowledgment say be called natural ends ce other type may be cal legal eds. The ‘iierng fonction of volence, depending on whether serves natural oF Teal ends canbe most clear traced against a backround of specie lel conditions. For the sake of simply, de following discussion wil rear to ‘SontemporaryEsropean conditions (Charstertc of ther, so fara the indvidal as legal subject is con cemed the tendency 0 deny the natural ends of such individuals in all howe cates im which sich ends could, sm given station, be usefully pursued by violence, This means ths egal sytem eres oer in ll reas ‘ez individual ends cou be usefully pursbed by violence, legal ends that ‘hn be sealzed only by legal power Indeed, the sytem sever to lit by icgl ends even thowe ate sn which narra ends ae admited n ponsple wthin wide boundaries, ike ha of education, as soon as these natal ends Ie pursed with an excessive measure of violence inthe laws eltng toe mits of edationalauthonty to punish. Ian be fomulted 38 feneral masim of presentday Eoropean legltion tha al dhe natural ends ‘hindivabals mst collie with legal ends pursed wih a reste or leser Alegre of wolnce The contradiction berwcen this and the right ole ‘stense wil be resolved in what follows From this maxi ic follows that, law sees violence the Mande of snus as a danger undermining the legal system. Ax a danger ling egal ends and the Tegal executive! Cinque of Violence 239 Cenainly 0 for then what would ie condemned woud at be vise ‘ssc Bt ony that which etd olla nd il be agued at ® system of legal end cannot be faintine fatal cas re snywhere Sul pursed wendy inthe Bac pac howeves this mete pa To une tone igh prhap conser the sping psy tale’ incest 2 monopoly of rence vires builds expla ot by the ies of preserving lel ends br, athe, by the ttn poe Serving the lw fc that wale, when nov inthe hands of the fm seen ny thee hat me ae by ee eset tute the The sane maybe more dency gate for oe eee bow oen the hereof the “ent” cna meet cpl say ave be as aroused the secret admiration of the pale Ths can eat 0 rom his deed at oly from the ence o whch beat tes In ths cas, hector the wane tht peeday lw een all areas of sty to dey the inal appears aly sheen and arouses en in defen the sympathy ofthe maser aga the law By ha action ‘ene can with eso com no thetening fhe and bev ered by te must be epeallycrident where application ven nse preset lea ste sll perme “Thi above all the cn inthe ls sage inthe form ofthe workers furan ight to eke. Teay organ Ibo pare er he sey Probably the only lel subject cated fo encese violas gato his View tere ncerly he bes thar an omason ome, which sh ely cannot be debe at vilence. Sachs consideration leavin mae esters mate pores concede the te 0 she once hs was no longer avondale Butte nt ancoionaly and thereover ured etre ha the eaaon of anton, ose where i amousts spy toa "severing of relatos” can he ently onolent pare mean. A ain che tw ofthe sat or he ag eight {one conceded to abr i cerainy a rg o cates valence Hay tas, ep om 8 ene ney cher byte mplayer es ening this ay undoubelly eer from tine to tne and ine ‘nly 2 “withcawal or “esangeren from the emgloye The moment ‘i welec, however, neces, inchs form of xterm ‘och a omison, sf eke place nthe context of comsous readiness ‘rete spend acon ne cet ha cs ave Dorin whatever todo with tis acto oe only soperically oy te Understood ths way the ight ose conse he wo lf whichis opposed that ofthe ste the right eo tae force m staning eran ends The anthesis berwen the neo concptons eng inal te teteres inthe ace of revolunonary gers Ta th bor wl always appeal tog to sre, ane nate wl cll hs appeal an hse ine th igh to srk was oto tended and wl ake emer