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by remarkEon
35 days ago
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The rule of law is and always has been based on a monopoly of violence. That monopoly is increasingly tenuous, frankly. Even the word "oversight" implies that, if said entity being overseen ventures out of the bounds of the overseer, violence is the mechanism by which compliance is attained. |
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There is no such thing as a monopoly of violence. Weber's work, which you reference, talks about states claiming a monopoly of legitimate violence.
However, legitimacy and law are two different things: while every state claims they are the only ones allowed to use violence legitimately, not every state codifies their functioning in laws ; and fewer structure themselves in such a way that these laws are sovereign.
My point is that merely codifying the state's actions in laws isn't enough to get functioning rule of law. You also need functioning government oversight (and a few other things, but that's not the current topic). When government's action is not overseen, respect of the law happens at the whim of government agents.