Let's discuss the ethics of political violence?

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Let's discuss the ethics of political violence?

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The Moral Calculus of Resistance: Ethics and Political Violence

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The very foundations of the modern liberal state were poured with the blood of what were once considered illegal insurrections. While we often view "political violence" as a disruption of the social order, political theorist Max Weber famously defined the state itself as a [monopoly on the legitimate use of physical force](https://en.wikipedia.org/wiki/Monopoly_on_the_violence). This creates a profound ethical paradox: if the state’s authority rests on violence, under what conditions can individuals ethically use violence to challenge that state? ## The Right to Revolution The ethics of political violence often begins with the "right to revolution." In his *Second Treatise of Government*, [John Locke](https://plato.stanford.edu/entries/locke-political/) argued that political authority is a trust granted by the people. When a government becomes tyrannical—violating the natural rights of life, liberty, and property—the "social contract" is broken. > "Whosoever uses force without right, as every one does in society, who does it without law, puts himself into a state of war with those against whom he so uses it; and in that state all former ties are cancelled, all other rights cease, and every one has a right to defend himself, and to resist the aggressor." — John Locke, *Second Treatise of Government* From this perspective, violence is not an initiation of conflict but a response to an existing "state of war" initiated by an unjust ruler. ## Decolonization and Psychological Liberation In the 20th century, the discussion shifted from legalistic "rights" to the psychological and systemic necessity of violence. In his seminal work, *The Wretched of the Earth*, psychiatrist and revolutionary [Frantz Fanon](https://en.wikipedia.org/wiki/Frantz_Fanon) argued that for the colonized subject, violence was a "cleansing force" necessary to undo the dehumanization of imperialism. > "At the level of individuals, violence is a cleansing force. It frees the native from his inferiority complex and from his despair and inaction; it makes him fearless and restores his self-respect." — Frantz Fanon, *The Wretched of the Earth* Fanon’s argument challenges the traditional ethical focus on "Just War" criteria, suggesting that in certain existential struggles, violence is the only medium through which a suppressed identity can be reclaimed. ## The Pacifist Critique and Strategic Non-Violence Conversely, thinkers like Mahatma Gandhi and Martin Luther King Jr. argued that the "means" cannot be separated from the "ends." Ethical political action, in their view, must mirror the world one seeks to create. They posited that political violence often replaces one tyranny with another, whereas non-violent resistance (or *Satyagraha*) exposes the moral bankruptcy of the oppressor without mirroring their brutality. The debate today often centers on the distinction between **political violence** (aimed at structures) and **terrorism** (aimed at non-combatants), as well as the efficacy of violent versus non-violent tactics in achieving long-term stability. *** **To deepen our exploration, consider these questions:** 1. If a state fails to protect its citizens from systemic poverty or environmental collapse, does that constitute a "slow violence" that justifies a physical response? 2. Is there a fundamental moral difference between violence against property (sabotage) and violence against persons? 3. Can a violent revolution ever truly result in a peaceful democracy, or does the method of acquisition inevitably dictate the nature of the new regime?
Then Question · @MayaDarmon

How is it decided that these rights are being violated?

Regarding: "When a government becomes tyrannical—violating the natural rights of life, liberty, and property—the "social contract" is broken."

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The Arbiter of Tyranny: Deciding the Breach of Contract

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Imagine a game where the referee stops following the rulebook but insists their whistle is still absolute law. At what precise moment do the players stop playing and demand a new league? This is the central dilemma of the "social contract": the moment a legitimate government transforms into a criminal enterprise, and the philosophical question of who has the authority to declare that transformation complete. ## The Criterion of "Design" In classical liberal thought, a violation is not merely a single bad law or an unpopular policy. For the social contract to be broken, there must be evidence of a systemic shift in the government’s purpose. John Locke, in his [Second Treatise of Government](https://en.wikipedia.org/wiki/Two_Treatises_of_Government) (1689), argues that the breach is identified through a "long train of abuses." It is not about accidental errors, but a visible "design" to reduce the people under absolute despotism. > "But if a long train of abuses, prevarications and artifices, all tending the same way, make the design visible to the people... they should then rouse themselves, and put the rule into such hands which may secure to them the ends for which government was at first erected." This concept was famously mirrored by Thomas Jefferson in the [U.S. Declaration of Independence](https://www.archives.gov/founding-docs/declaration-transcript), suggesting that the decision to dissolve a government is a matter of cumulative evidence rather than whim. ## The Judge: Who Shall Decide? The most contentious aspect of this theory is the question of *quis iudicabit*—who shall judge? If the government is the sole judge of its own actions, it will never find itself in violation. If every individual is a judge, society dissolves into the chaos of subjective opinion. 1. **The Individual Conscience:** Locke suggests that because there is no higher earthly authority to mediate between a people and a tyrant, the people must "appeal to heaven"—a metaphor for acting on their own collective judgment and risking the consequences of revolution. 2. **The Hobbesian Dissent:** In contrast, [Thomas Hobbes](https://plato.stanford.edu/entries/hobbes-moral/) argued in *Leviathan* (1651) that the people *cannot* judge the sovereign. For Hobbes, the moment you grant individuals the right to judge the state, you return to the "state of nature," which is a war of all against all. He believed that even a flawed government is better than the anarchy of private judgment. 3. **The Judicial Framework:** Modern constitutional democracies attempt to solve this by creating an independent judiciary. Here, the "violation" is decided by a court checking the executive or legislative branches. However, when the courts themselves are perceived as part of the "design" of abuse, the question returns to the people. ## The Tipping Point Deciding that rights are being violated is ultimately a collective social realization. It occurs when the gap between the state’s stated purpose (protection) and its actual practice (predation) becomes too wide for the majority to ignore. This leads to a fascinating paradox: the "lawfulness" of a revolution can often only be determined *after* it succeeds, as the victors establish the new legal framework that justifies their prior rebellion. Does the right to decide reside in the law itself, or in the raw power of a populace that refuses to obey? This remains one of the most volatile questions in political science.
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The Jurisprudence of the Accomplished Fact

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If a revolution is simply an illegal act that succeeds, at what precise nanosecond does a "criminal rebel" transform into a "founding father"? In the study of political transitions, we encounter the paradox of the *fait accompli*: the idea that power creates its own legality. This retrospective validation suggests that the law is not a static ceiling above us, but a floor that we construct beneath our feet as we move. ## 1. Hans Kelsen and the "Change of the Basic Norm" **What happens to the "law" when the very foundation it rests upon is set on fire?** Hans Kelsen, one of the 20th century’s most influential legal theorists, argued that every legal system rests on a **Basic Norm** (*Grundnorm*)—an original assumption that the constitution ought to be obeyed. In his view, a successful revolution is not just a change in leadership; it is a "juridical miracle" that replaces one Basic Norm with another. If the old order can no longer enforce its will, it ceases to be "valid" in a purely scientific sense. This provides a chillingly clinical look at how "might" technically becomes "right" through the lens of legal science. * **Primary Source:** [Pure Theory of Law](https://en.wikipedia.org/wiki/Pure_Theory_of_Law) (1934) by Hans Kelsen. This work is essential for understanding how legal systems maintain their internal logic even when their external foundations are shattered by force. ## 2. Walter Benjamin’s "Law-Making Violence" **If law is meant to end violence, why is every legal system birthed in a bloodbath?** Walter Benjamin posits a disturbing distinction between "law-preserving violence" (the police) and "law-making violence" (the revolution). He argues that the law's "lawfulness" is actually rooted in the original act of violence that established the state. This perspective suggests that revolution isn't a violation of law, but the raw material from which all law is eventually sculpted. It reveals that the "peace" of a stable government is merely the exhaustion of the violence that created it. * **Primary Source:** [Critique of Violence](https://en.wikipedia.org/wiki/Critique_of_Violence) (1921) by Walter Benjamin. A dense, provocative essay that challenges the binary between "legitimate" and "illegitimate" force. ## 3. The Tinoco Arbitration and the Mask of the State **Does a new revolutionary government "own" the debts of the tyrant it just overthrew?** The *Tinoco Arbitration* (1923) is a landmark case in international law regarding "State Succession." When Federico Tinoco took power in Costa Rica via a coup and was later ousted, the new government tried to invalidate his contracts, claiming his regime was unlawful. Chief Justice William Howard Taft ruled that even an "illegal" revolutionary government can bind a state to international obligations. This introduces the "Non-Identity Problem": the idea that the "State" is a legal ghost that persists regardless of whether the physical government is a lawful democracy or a murderous junta. * **Primary Source:** [The Tinoco Claims Arbitration](https://en.wikipedia.org/wiki/Tinoco_Arbitrations) (Great Britain v. Costa Rica). This case provides a fascinating real-world look at how the international community "launders" revolutionary illegitimacy into legal continuity. > "The revolution succeeds by its own force, and the new government is established... its contracts are the contracts of the State." — William Howard Taft, *Tinoco Arbitration* Opinion.

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