law and force | written report.doc

Can We Dispense with Force

Consequent to the above discussion on Law and Force it is but vital to this undertaking that the pivotal question on whether the element of force or coercion should be included in the administration of law. The prevalent answer to this would be; no. Apparently there are a number of reasons as to why the element of force is deemed indispensable for the administration of ustice and law and a couple of them will be subsequently discussed. !ne of the main reasons why force is an indispensable element of law is that "at all levels of society human law has depended for its ultimate efficacy on the degree to which it is backed by organi#ed coercion.$ % The authority of the law gains much teeth for enforceability from the availability of the machinery of regular enforcement which inevitably entails force.  Another  Another reason why force is an indispensable indispensable element of law and also perhaps the most weighty yet comes from the field of &sychoanalysis founded by 'igmund Freud who first "emphasi#ed the significance of unconscious processes in normal and neurotic behavior. (e prop propos osed ed the the e)is e)iste tenc nce e of an unco uncons nsci ciou ous s elem elemen entt in the the mind mind whic which h infl influe uenc nces es consciousness* and of conflicts in it between various sets of forces.$ + From this field we learn of "the uncons unconsciou cious s factors factors in man,s man,s psychol psychologic ogical al make-up make-up.. Among these these unconsc unconscious ious factors are powerful aggressive drives which require to be effectively repressed in order to subect man to the needs of social discipline.$  (ence the need for coercion or force in the administration of law and the strong insistence on the necessary connection between civili#ed society where peace and ustice prevail and coercive social order wherein social discipline is a crucial element achieved with the concurrence of positive law* a strong sense of moral law and the balanced use of force.

Rules About Force

These are the rules governing the use of violence as a mode of enforcing the laws.

1 Law Law and and Forc Forcee Rea Readi ding ng 2 Freud, Sigmund. Sigmund. 2011. 2011. In Oxford Dictionary Dictionary of Engli!. Engli!. Retrie"ed Retrie"ed Fe#ruary Fe#ruary $, 201$ 201$ from Oxford Oxford Dictionary Dictionary of Engli! Engli! %ac &''lication (erion 2.2.1 )1*$.1+. $ Law Law and and Forc Forcee Rea Readi ding ng

The first one would be the "essential condition for reducing the application of violence; which is* that there is to hand an organi#ed force of overwhelming strength. /n developed states a characteristic of law and its use of force is that it has been more and more closely regulated and more efficiently brought to bear upon the recalcitrant. /t has been pushed further into the background and has been bureaucrati#ed to a point where the element of  authority overshadows the need for force.$ 0

'econdly* "rules about the use of force may be properly broadened to cover all the procedural apparatus of the law. The procedural apparatus of law being understood to cover  the procedural process whereby proceedings are instituted* regulated* and adudicated upon* and orders are made in respect of which* the forces of the state may be brought to bear upon individuals. 'uch procedures are not necessarily udicial or purely udicial* for under state law* coercion may result from the e)ecutive or administrative process.$

1

Finally* "though coercion may be an indispensable part of an effective system of law* this does not necessarily entail the anne)ing of penal consequences to every individual rule comprised in a legal system.$ 2 The importance of the element of coercion or force in law should not be misunderstood to imply that a rule whose breach does not entail a sanction or  the application of state force cannot be regarded as a rule of law.

* Law and Force Reading  Law and Force Reading - Law and Force Reading