Sunday, July 14, 2013

Anarchy, Florida, and the monopoly of violence

I say it too often, "the blade itself incites to violence."

In ancient Rome, the authority to wield deadly force was called Imperium. It was a legal concept that restrained the ability of military commanders to order troops to use violence. Imperium was confined to a specific geographical area and during a specific temporal period. Legates in charge of the legions were not legally authorized by the Senate and People of Rome to command armed men outside of these parameters. The Romans also divided the power of Imperium between several commanders and did not allow them to overlap.

What is the point of that little tale of ancient history? First, authority to wield deadly force was delegated from the lawful authority of the state. Second, the state could revoke this power at any time but it was known when and where violence could be exercised. Third, no one man could command absolute power over violence in the state. The state itself held the monopoly on the power to do violence. The United States, a republic, based its system of government on that of the Romans. The Founders were specifically concerned about Imperium, wielding deadly force, because of course technology makes violence easier for individuals to use. That is why the commander-in-chief of the US Armed Forces is a civilian.

With the Zimmerman verdict, that is all out the window. Imperium can now be exercised by anyone. No lawful authority delegated to George Zimmerman the power to be judge, jury, and executioner. He took it, and used it, and now got away with it. The state tried to recover its monopoly on violence by trying Zimmerman for murder... and failed. The precedent is now set. Militias or lone vigilantes can now use the case to kill and not be held accountable because the Imperium is now scattered across the land for anyone to pick up like the ashes of our founding principles.

Lincoln Log posted this to his Facebook earlier.
1. How did he [Zimmerman] define the possible danger with Martin--and what bothers me, how is this tied to the idea of "trespass" vis-a-vis the rather loose construct of "neighborhood? And how does one trespass in public space?

2. What function did Zimmerman think he served--and what were the limits to his "territory? " Or was he a no-bounds auxiliary/ vigilante? There are serious implications that stem from definitions of public space, trespass, and "perceived danger." All of them very disturbing.
If one can now trespass in public space, then the local appropriation of Imperium by any scared, prejudiced person will make movement very problematic. What happens when I venture across a sidewalk patrolled by someone who does not like Cephalopods?

The operational definition of anarchy is loss of the monopoly of force by the state, represented by all the American people. Special interests lobbied for and got these "stand-your-ground" laws passed for various reasons but by diluting the public's capacity for justice; all of them are unjust.



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