TY - JOUR
T1 - Law's Centaurs: An Inquiry into the Nature and Relations of Law, State and Violence
AU - Devlin, Richard F
N1 - Richard Devlin, "Law's Centaurs: An Inquiry into the Nature and Relations of :aw, State and Violence" (1989) 27:2 Osgoode Hall LJ 219.
PY - 1989/1/1
Y1 - 1989/1/1
N2 - The unfortunate truth claim which I wish to pursue in this paper is that the deep structural presupposition (which is almost universal amongst lawyers and clearly dominant among lay people) that law and violence stand in stark opposition is false. I argue that violence is endemic to any conception of modern law, that it is authorized by the legislature and/or executive, sanctioned by the judiciary, and perpetrated by what are euphemistically called the forces of law and order - the police, the military et cetera. In brief, I wish to posit the disquieting thought that legal violence is a sine qua non of advanced western society.
AB - The unfortunate truth claim which I wish to pursue in this paper is that the deep structural presupposition (which is almost universal amongst lawyers and clearly dominant among lay people) that law and violence stand in stark opposition is false. I argue that violence is endemic to any conception of modern law, that it is authorized by the legislature and/or executive, sanctioned by the judiciary, and perpetrated by what are euphemistically called the forces of law and order - the police, the military et cetera. In brief, I wish to posit the disquieting thought that legal violence is a sine qua non of advanced western society.
KW - Law and violence
KW - law and order
KW - social relations
KW - interactional theory of law
KW - law and the state
UR - https://digitalcommons.schulichlaw.dal.ca/scholarly_works/458
M3 - Article
JO - Articles, Book Chapters, & Popular Press
JF - Articles, Book Chapters, & Popular Press
ER -