Document Type

Article

Publication Date

2003

Abstract

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.

Comments

Paper presented in the panel on “The Legitimacy of Violence” at SELA 2003, Violence, in Cuzco, Perú.

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