In
political philosophy
Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships between them. Its topics include politics, l ...
, a monopoly on violence or monopoly on the legal use of force is the property of a
polity
A polity is an identifiable Politics, political entity – a group of people with a collective identity, who are organized by some form of Institutionalisation, institutionalized social relation, social relations, and have a capacity to mobilize ...
that is the only entity in its
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
to legitimately
use force, and thus the supreme authority of that
area
Area is the quantity that expresses the extent of a region on the plane or on a curved surface. The area of a plane region or ''plane area'' refers to the area of a shape
A shape or figure is a graphics, graphical representation of an obje ...
.
While the monopoly on violence as the defining conception of the
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
was first described in sociology by
Max Weber
Maximilian Karl Emil Weber (; ; 21 April 186414 June 1920) was a German sociologist, historian, jurist and political economist, who is regarded as among the most important theorists of the development of modern Western society. His ideas profo ...
in his essay ''
Politics as a Vocation
"Politics as a Vocation" (german: Politik als Beruf) is an essay by German economist and sociologist Max Weber (1864–1920). It originated in the second lecture of a series (the first was ''Science as a Vocation'') he gave in Munich to the "Free ...
'' (1919), the monopoly of the legitimate use of physical force is a core concept of modern public law, which goes back to
French jurist
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
and
political philosopher
Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships between them. Its topics include politics, l ...
Jean Bodin
Jean Bodin (; c. 1530 – 1596) was a French jurist and political philosopher, member of the Parlement of Paris and professor of law in Toulouse. He is known for his theory of sovereignty. He was also an influential writer on demonology.
Bodi ...
's 1576 work ''
Les Six livres de la République'' and
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
philosopher
A philosopher is a person who practices or investigates philosophy. The term ''philosopher'' comes from the grc, φιλόσοφος, , translit=philosophos, meaning 'lover of wisdom'. The coining of the term has been attributed to the Greek th ...
Thomas Hobbes
Thomas Hobbes ( ; 5/15 April 1588 – 4/14 December 1679) was an English philosopher, considered to be one of the founders of modern political philosophy. Hobbes is best known for his 1651 book ''Leviathan'', in which he expounds an influent ...
' 1651 book ''
Leviathan
Leviathan (; he, לִוְיָתָן, ) is a sea serpent noted in theology and mythology. It is referenced in several books of the Hebrew Bible, including Psalms, the Book of Job, the Book of Isaiah, the Book of Amos, and, according to some ...
''. Weber claims that the state is the "only human ''
Gemeinschaft
''Gemeinschaft'' () and ''Gesellschaft'' (), generally translated as "community and society", are categories which were used by the German sociologist Ferdinand Tönnies in order to categorize social relationships into two types. The Gesellschaft ...
'' which lays claim to the monopoly on the legitimate
use of physical force. As such, states can resort to coercive means such as incarceration, expropriation, humiliation, and death threats to obtain the population's compliance with its rule and thus maintain order. However, this monopoly is limited to a certain geographical area, and in fact this limitation to a particular area is one of the things that defines a state." In other words, Weber describes the state as any organization that succeeds in holding the exclusive right to use, threaten, or authorize physical force against residents of its territory. Such a monopoly, according to Weber, must occur via a process of
legitimation
Legitimation or legitimisation is the act of providing legitimacy. Legitimation in the social sciences refers to the process whereby an act, process, or ideology becomes legitimate by its attachment to norms and values within a given society. It ...
.
Max Weber's theory
Max Weber
Maximilian Karl Emil Weber (; ; 21 April 186414 June 1920) was a German sociologist, historian, jurist and political economist, who is regarded as among the most important theorists of the development of modern Western society. His ideas profo ...
wrote in ''
Politics as a Vocation
"Politics as a Vocation" (german: Politik als Beruf) is an essay by German economist and sociologist Max Weber (1864–1920). It originated in the second lecture of a series (the first was ''Science as a Vocation'') he gave in Munich to the "Free ...
'' that a fundamental characteristic of statehood is the claim of such a monopoly. An expanded definition appears in ''Economy and Society'':
Weber applied several caveats to this definition:
* He intended the statement as a contemporary observation, noting that the connection between the state and the use of physical force has not always been so close. He uses the examples of
feudalism
Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structur ...
, where
private warfare was permitted under certain conditions, and of
religious courts, which had sole jurisdiction over some types of offenses, especially
heresy
Heresy is any belief or theory that is strongly at variance with established beliefs or customs, in particular the accepted beliefs of a church or religious organization. The term is usually used in reference to violations of important religi ...
and sex crimes (thus the nickname "bawdy courts"). Regardless, the state exists wherever a single authority can legitimately authorize violence.
* For the same reasons, "monopoly" does not mean that only the government may use physical force, but that the state is that human community that successfully claims for itself to be the only source of legitimacy for all physical coercion or adjudication of coercion. For example, the law might permit individuals to use force in defense of one's
self
The self is an individual as the object of that individual’s own reflective consciousness. Since the ''self'' is a reference by a subject to the same subject, this reference is necessarily subjective. The sense of having a self—or ''selfhood ...
or
property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
, but this right derives from the state's authority. This conflicts directly with enlightenment principles of individual sovereignty that delegates power to the state by consent, and concepts of
natural law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
that hold that individual rights deriving from sapient
self-ownership preexist the state and are only recognised and guaranteed by the state which may be restricted from limiting them by
constitutional law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...
.
Criticisms of Weber
Robert Hinrichs Bates argues that the state itself has no violent power; rather, the people hold all the power of coercion to ensure that order and other equilibriums hold up. The implication of this is that there is a frontier of well-being in stateless societies, that can only be surpassed if some level of coercion or violence is used to elevate the complexity of the state. In other words, without investing in troops, police, or some sort of enforcement mechanism, early states cannot enjoy the law and order (or prosperity) of more developed states.
Relation to state capacity
The capacity of a state is often measured in terms of its
fiscal
Fiscal usually refers to government finance. In this context, it may refer to:
Economics
* Fiscal policy, use of government expenditure to influence economic development
* Fiscal policy debate
* Fiscal adjustment, a reduction in the government ...
and
legal capacity
Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or altogether the personhood itself in regard to an entity other than a natural person ( ...
. Fiscal capacity meaning the state's ability to recover taxation, and legal capacity meaning the state's supremacy as sole arbiter of conflict resolution and contract enforcement. Without some sort of
coercion
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...
, the state would not otherwise be able to enforce its legitimacy in its desired sphere of influence. In early and developing states, this role was often played by the "stationary bandit" who defended villagers from roving bandits, in the hope that the protection would incentivize villagers to invest in economic production, and the stationary bandit could eventually use its coercive power to expropriate some of that wealth.
In regions where state presence is minimally felt, non-state actors can use their monopoly of violence to establish legitimacy, or maintain power. For example, the Sicilian Mafia originated as a
protection racket
A protection racket is a type of racket and a scheme of organized crime perpetrated by a potentially hazardous organized crime group that generally guarantees protection outside the sanction of the law to another entity or individual from viol ...
providing buyers and sellers in the black market with protection. Without this type of enforcement, market participants would not be confident enough to trust their counter-parties to honour contracts and the market would collapse.
In unorganized and underground markets, violence is used to enforce contracts in the absence of accessible legal conflict resolution. Charles Tilly continues this comparison to say that warmaking and statemaking are actually the best representations of what organized crime can grow into. The relationship between the state,
markets
Market is a term used to describe concepts such as:
* Market (economics), system in which parties engage in transactions according to supply and demand
* Market economy
*Marketplace, a physical marketplace or public market
Geography
*Märket, a ...
and violence has been noted as having a direct relationship, using violence as a form of coercion.
Anarchists
Anarchism is a political philosophy and movement that is skeptical of all justifications for authority and seeks to abolish the institutions it claims maintain unnecessary coercion and hierarchy, typically including, though not necessari ...
view a direct relationship between
capitalism
Capitalism is an economic system based on the private ownership of the means of production and their operation for Profit (economics), profit. Central characteristics of capitalism include capital accumulation, competitive markets, pric ...
, authority, and the state; the notion of a monopoly of violence is largely connected to
anarchist philosophy of rejection of all unjustified
hierarchy
A hierarchy (from Greek: , from , 'president of sacred rites') is an arrangement of items (objects, names, values, categories, etc.) that are represented as being "above", "below", or "at the same level as" one another. Hierarchy is an important ...
.
Other
According to
Raymond Aron
Raymond Claude Ferdinand Aron (; 14 March 1905 – 17 October 1983) was a French philosopher, sociologist, political scientist, historian and journalist, one of France's most prominent thinkers of the 20th century.
Aron is best known for his 19 ...
,
international relations
International relations (IR), sometimes referred to as international studies and international affairs, is the scientific study of interactions between sovereign states. In a broader sense, it concerns all activities between states—such as ...
are characterized by the absence of widely acknowledged legitimacy in the use of force between states.
Martha Lizabeth Phelps takes Weber's ideas on the legitimacy of private security a step further, claiming that the use of private actors by the state remains legitimate if and only if military contractors are perceived as being controlled by the state.
In Encyclopedia of Violence, Peace, & Conflict, Jon D. Wiseman points out that states’ monopoly on violence is conferred by the people of the said state in exchange for protection of their person as well as property, which in turn grant states the ability to coerce and exploit people through, for example, taxation
[Kurtz, Lester R., and Jennifer E. Turpin. Encyclopedia of Violence, Peace, & Conflict. San Diego ;: Academic Press, 1999.]
See also
*
Coercion
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...
*
Counter-insurgency
Counterinsurgency (COIN) is "the totality of actions aimed at defeating irregular forces". The Oxford English Dictionary defines counterinsurgency as any "military or political action taken against the activities of guerrillas or revolutionar ...
*
Conflict resolution
Conflict resolution is conceptualized as the methods and processes involved in facilitating the peaceful ending of conflict and retribution. Committed group members attempt to resolve group conflicts by actively communicating information abou ...
*
Civilian control of the military
Civilian control of the military is a doctrine in military and political science that places ultimate responsibility for a country's strategic decision-making in the hands of the civilian political leadership, rather than professional militar ...
*
Definitions of terrorism
There is no universal agreement on the legal definition of terrorism, although there exists a consensus academic definition created by scholars.
Various legal systems and government agencies use different definitions of terrorism, and governm ...
*
Failed state
A failed state is a political body that has disintegrated to a point where basic conditions and responsibilities of a sovereign government no longer function properly (see also fragile state and state collapse). A state can also fail if the ...
*
Fiscal capacity Fiscal capacity is the ability of the state to extract revenues to provide public goods and carry out other functions of the state, given an administrative, fiscal accounting structure. In economics and political science, fiscal capacity may be refe ...
*
Insurgency
An insurgency is a violent, armed rebellion against authority waged by small, lightly armed bands who practice guerrilla warfare from primarily rural base areas. The key descriptive feature of insurgency is its asymmetric nature: small irregu ...
*
Legitimacy (political)
In political science, legitimacy is the right and acceptance of an authority, usually a governing law or a regime. Whereas ''authority'' denotes a specific position in an established government, the term ''legitimacy'' denotes a system of governm ...
*
Non-state actor
A non-state actor (NSA) are organizations and/or individuals that are not affiliated with, directed by, or funded by any government.
The interests, structure, and influence of NSAs vary widely. For example, among NSAs are non-profit organizations, ...
*
Peelian principles
The Peelian principles summarise the ideas that Sir Robert Peel developed to define an ethical police force. The approach expressed in these principles is commonly known as policing by consent in the United Kingdom and other countries such as Ire ...
*
Police brutality
Police brutality is the excessive and unwarranted use of force by law enforcement against an individual or a group. It is an extreme form of police misconduct and is a civil rights violation. Police brutality includes, but is not limited to, ...
*
Police legitimacy
Police legitimacy is the extent to which members of the public view the police as higher power authority figure, often measured in terms of the public's willingness to obey and cooperate with the police. Police legitimacy is linked to the degree ...
*
Police power (United States constitutional law)
In United States constitutional law, the police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants. Police ...
* "
Political power grows out of the barrel of a gun
''Political power grows out of the barrel of a gun'' () is a phrase which was coined by Chinese communist leader Mao Zedong. The phrase was originally used by Mao during an emergency meeting of the Chinese Communist Party (CCP) on 7 August 1927, ...
"
*
Power (social and political)
In social science and politics, power is the social production of an effect that determines the capacities, actions, beliefs, or conduct of actors. Power does not exclusively refer to the threat or use of force ( coercion) by one actor agains ...
*
Private army
A private army (or private military) is a military or paramilitary force consisting of armed combatants who owe their allegiance to a private person, group, or organization, rather than a nation or state.
History
Private armies may form when ...
*
State-building
State-building as a specific term in social sciences and humanities, refers to political and historical processes of creation, institutional consolidation, stabilization and sustainable development of states, from the earliest emergence of sta ...
*
Statelessness
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are st ...
References
{{DEFAULTSORT:Monopoly On Violence
Max Weber
Legal concepts
Political concepts