Robert Paul Wolff: Violence and the Law
/Robert Paul Wolff, "On Violence," The Journal of Philosophy, Vol. 66, No. 19, (Oct. 2, 1969), pp. 601-616.
Everything I shall say in this essay has been said before, and much of it seems to me to be obvious as well as unoriginal. I offer two excuses for laying used goods before you. In the first place, I think that what I have to say about violence is true. Now, there are many ways to speak falsehood and only one way to speak truth. It follows, as Kierkegaard pointed out, that the truth is likely to become boring. On a subject as ancient and much discussed as ours today, we may probably assume that a novel -- and, hence, interesting -- view of violence is likely to be false.
But truth is not my sole excuse, for the subject before us suffers from the same difficulty that Kant discerned in the area of [602] metaphysics. After refuting the various claims that had been made to transcendent rational knowledge of things-in-themselves, Kant remarked that the refutations had no lasting psychological effect on true believers. The human mind, he concluded, possessed a natural disposition to metaphysical speculation, which philosophy must perpetually keep in check. Somewhat analogously, men everywhere are prone to certain beliefs about the legitimacy of political authority, even though their beliefs are as groundless as metaphysical speculations. The most sophisticated of men persist in supposing that some valid distinction can be made between legitimate and illegitimate commands, on the basis of which they can draw a line, for example, between mere violence and the legitimate use of force. This lingering superstition is shared by those dissenters who call police actions or ghetto living conditions "violent"; for they are merely advancing competing legitimacy claims.
I shall set forth and defend three propositions about violence:
First:
The concept of violence is inherently confused, as is the correlative concept of nonviolence; these and related concepts depend for their meaning in political discussions on the fundamental notion of legitimate authority, which is also inherently incoherent.
Second:
It follows that a number of familiar questions are also confusions to which no coherent answers could ever be given, such as: when it is permissible to resort to violence in politics; whether the black movement and the student movement should be nonviolent; and whether anything good in politics is ever accomplished by violence.
Finally:
The dispute over violence and nonviolence in contemporary American politics is ideological rhetoric designed either to halt change and justify the existing distribution of power and privilege or to slow change and justify some features of the existing distribution of power and privilege or else to hasten change and justify a total redistribution of power and privilege.
Let us begin with the first proposition, which is essential to my entire discussion.
I
The fundamental concepts of political philosophy are the concepts of power and authority.1 Power in general is the ability to make and [603] enforce decisions. Political power is the ability to make and enforce decisions about matters of major social importance. Thus the ability to dispose of my private income as I choose is a form of power, whereas the ability to make and enforce a decision about the disposition of some sizable portion of the tax receipts of the federal government is a form of political power. (So too is the ability to direct the decisions of a large private corporation; for the exercise of political power is not confined to the sphere of government.) A complete analysis of the concept of political power would involve a classification both of the means employed in the enforcing of decisions and of the scope and variety of questions about which decisions can be made.2 It wrould also require an examination of the kinds of opposition against which the decision could be enforced. There is a very considerable difference between the ability a parliamentary majority has to enforce its decisions against the will of the minority and the ability of a rebel military clique to enforce its decisions against the Parliament as a whole.
Authority, by contrast with power, is not an ability but a right. It is the right to command and, correlatively, the right to be obeyed. Claims to authority are made in virtually every area of social life, and, in a remarkably high proportion of cases, the claims are accepted and acquiesced in by those over whom they are made. Parents claim the right to be obeyed by their children; husbands until quite recently claimed the right to be obeyed by their wives; popes claim the right to be obeyed by the laity and clergy; and of course, most notably, virtually all existing governments claim the right to be obeyed by their subjects.
A claim to authority must be sharply differentiated both from a threat or enticement and from a piece of advice. When the state commands, it usually threatens punishment for disobedience, and it may even on occasion offer a reward for compliance, but the command cannot be reduced to the mere threat or reward. What characteristically distinguishes a state from an occupying army or private party is its insistence, either explicit or implicit, on its right to be obeyed. By the same token, an authoritative command is not a mere recommendation. Authority says, "Do this!" not, "Let me suggest this for your consideration."
Claims to authority have been defended on a variety of grounds, most prominent among which are the appeal to God, to tradition, to expertise, to the laws of history, and to the consent of those commanded. We tend to forget that John Locke thought it worth while [604] to devote the first of his Two Treatises on Civil Government to the claim that Europe's monarchs held their authority by right of pri-mogenitural descent from Adam. It is common today to give lip service to the theory that authority derives from the consent of the governed, but most of us habitually accord some weight to any authority claim issuing from a group of men who regularly control the behavior of a population in a territory, particularly if the group tricks itself out with flags, uniforms, courts of law, and printed regulations.
Not all claims to authority are justified. Indeed, I shall suggest shortly that few if any are. Nevertheless, men regularly accept the authority claims asserted against them, and so we must distinguish a descriptive from a normative sense of the term. Let us use the term 'de facto authority' to refer to the ability to get one's authority claims accepted by those against whom they are asserted. 'De jure authority', then, will refer to the right to command and to be obeyed. Obviously, the concept of de jure authority is primary, and the concept of de facto authority is derivative.
Thus understood, de facto authority is a form of power, for it is a means by which its possessor can enforce his decisions. Indeed, as Max Weber -- from whom much of this analysis is taken -- has pointed out, de facto authority is the principal means on which states rely to carry out their decisions. Threats and inducements play an exceedingly important role in the enforcement of political decisions, to be sure, but a state that must depend upon them entirely will very soon suffer a crippling reduction in its effectiveness, which is to say, in its political power. Modern states especially require for the successful prosecution of their programs an extremely high level of coordination of the behavior of large numbers of individuals. The myth of legitimacy is the only efficient means available to the state for achieving that coordination.
Force is the ability to work some change in the world by the expenditure of physical effort. A man may root up a tree, move a stalled car, drive a nail, or restrain another man, by force. Force, in and of itself, is morally neutral. Physically speaking, there may be very little difference between the physical effort of a doctor who resets a dislocated shoulder and that of the ruffian who dislocated it. Sometimes, of course, force is used to work some change in the body of another man -- to punch him, shoot him, take out his appendix, hold his arms, or cut his hair. But there is in principle no significant distinction between these uses of force and those uses which involve changing some other part of the world about which he cares. A man [605] who slips into a parking place for which I am heading inflicts an injury on me roughly as great as if he had jostled me in a crowd or stepped on my toe. If he destroys a work of art on which I have lavished my most intense creative efforts, he may harm me more than a physical assault would.
Force is a means to power, but it is not of course a guarantee of power. If I wish to elicit hard work from my employees, I can threaten them with the lash or tempt them with bonuses -- both of which are employments of force -- but if my workers prefer not to comply, my threats and inducements may be fruitless. It is a commonplace both of domestic and of international politics that the mere possession of a monopoly of force is no guarantee of political power. Those who fail to grasp this truth are repeatedly frustrated by the baffling inability of the strong to impose their will upon the weak.
There are, so far as I can see, three means or instruments by which power is exercised -- three ways, that is to say, in which men enforce or carry out their social decisions. The first is force, the ability to rearrange the world in ways that other men find appealing or distasteful. In modern society, money is of course the principal measure, exchange medium, and symbol of force. The second instrument of power is de facto authority -- the ability to elicit obedience, as opposed to mere compliance, from others. De facto authority frequently accrues to those with a preponderance of force, for men are fatally prone to suppose that he who can compel compliance deserves obedience. But de facto authority does not reduce to the possession of a preponderance of force, for men habitually obey commands they know could not effectively be enforced. The third instrument of power is social opinion, or what might be called the "symbolic" use of force. When a runner competes in a race, he may want the first-prize money or the commercial endorsements that will come to the winner, or he may even just like blue ribbons -- but he may also want the acclaim of the fans. Now, that acclaim is expressed by certain uses of force -- by clapping of hands and cheering, which are physical acts. But its value to the runner is symbolic; he cherishes it as an expression of approval, not merely as a pleasing sound. To say that man is a social creature is not merely to say that he hangs out in groups, nor even to say that he engages in collective and cooperative enterprises for self-interested purposes; it is most importantly to say that he values symbolic interactions with other men and is influenced by them as well as by the ordinary exercise of force and by claims of authority. This point is important for our [606] discussion, for, as we shall see, many persons who shrink from the use of force as an instrument of political power have no compunctions about the use of social opinion or what I have called the "symbolic" use of force. Anyone who has observed a progressive classroom run by a teacher with scruples of this sort will know that a day "in Coventry" can be a far cruder punishment for an unruly ten-year old than a sharp rap on the knuckles with a ruler.
We come, finally, to the concept of violence. Strictly speaking, violence is the illegitimate or unauthorized use of force to effect decisions against the will or desire of others. Thus, murder is an act of violence, but capital punishment by a legitimate state is not; theft or extortion is violent, but the collection of taxes by a legitimate state is not. Clearly, on this interpretation the concept of violence is normative as well as descriptive, for it involves an implicit appeal to the principle of de jure legitimate authority. There is an associated sense of the term which is purely descriptive, relying on the descriptive notion of de facto authority. Violence in this latter sense is the use of force in ways that are proscribed or unauthorized by those who are generally accepted as the legitimate authorities in the territory. Descriptively speaking, the attack on Hitler's life during the second World War was an act of violence, but one might perfectly well deny that it was violent in the strict sense, on the grounds that Hitler's regime was illegitimate. On similar grounds, it is frequently said that police behavior toward workers or ghetto dwellers or demonstrators is violent even when it is clearly within the law, for the authority issuing the law is illegitimate.
It is common, but I think wrong-headed, to restrict the term Violence' to uses of force that involve bodily interference or the direct infliction of physical injury. Carrying a dean out of his office is said to be violent, but not seizing his office when he is absent and locking him out. Physically tearing a man's wallet from his pocket is "violent," but swindling him out of the same amount of money is not. There is a natural enough basis for this distinction. Most of us value our lives and physical well-being above other goods that we enjoy, and we tend therefore to view attacks or threats on our person as different in kind from other sorts of harm we might suffer. Nevertheless, the distinction is not sufficiently sharp to be of any analytical use, and, as we shall see later, it usually serves the ideological purpose of ruling out, as immoral or politically illegitimate, the only instrument of power that is available to certain social classes, [607]
In its strict or normative sense, then, the concept of political violence depends upon the concept of de jure, or legitimate authority. If there is no such thing as legitimate political authority, then it is impossible to distinguish between legitimate and illegitimate uses of force. Now, of course, under any circumstances, we can distinguish between right and wrong, justified and unjustified, uses of force. Such a distinction belongs to moral philosophy in general, and our choice of the criteria by which we draw the distinction will depend on our theory of value and obligation. But the distinctive political concept of violence can be given a coherent meaning only by appeal to a doctrine of legitimate political authority.
On the basis of a lengthy reflection upon the concept of de jure legitimate authority, I have come to the conclusion that philosophical anarchism is true. That is to say, I believe that there is not, and there could not be, a state that has a right to command and whose subjects have a binding obligation to obey. I have defended this view in detail elsewhere, and I can only indicate here the grounds of my conviction.3 Briefly, I think it can be shown that every man
has a fundamental duty to be autonomous, in Kant's sense of the term. Each of us must make himself the author of his actions and take responsibility for them by refusing to act save on the basis of reasons he can see for himself to be good. Autonomy, thus understood, is in direct opposition to obedience, which is submission to the will of another, irrespective of reasons. Following Kant's usage, political obedience is heteronymy of the will.
Now, political theory offers us one great argument designed to make the autonomy of the individual compatible with submission to the putative authority of the state. In a democracy, it is claimed, the citizen is both law-giver and law-obeyer. Since he shares in the authorship of the laws, he submits to his own will in obeying them, and hence is autonomous, not heteronymous.
If this argument were valid, it would provide a genuine ground for a distinction between violent and nonviolent political actions. Violence would be a use of force proscribed by the laws or executive authority of a genuinely democratic state. The only possible justification of illegal or extralegal political acts would be a demonstration of the illegitimacy of the state, and this in turn would involve showing that the commands of the state were not expressions of the will of the people.
But the classic defense of democracy is not valid. For a variety of reasons, neither majority rule nor any other method of making [608] decisions in the absence of unanimity can be shown to preserve the autonomy of the individual citizens. In a democracy, as in any state, obedience is heteronymy. The autonomous man is of necessity an anarchist. Consequently, there is no valid political criterion for the justified use of force. Legality is, by itself, no justification. Now, of course, there are all manner of utilitarian arguments for submitting to the state and its agents, even if the state's claim to legitimacy is unfounded. The laws may command actions that are in fact morally obligatory or whose effects promise to be beneficial. Widespread submission to law may bring about a high level of order, regularity, and predictability in social relationships which is valuable independently of the particular character of the acts commanded. But in and of themselves, the acts of police and the commands of legislatures have no peculiar legitimacy or sanction. Men everywhere and always impute authority to established governments, and they are always wrong to do so.
II
The foregoing remarks are quite banal, to be sure. Very few serious students of politics will maintain either the democratic theory of legitimate authority or any alternatives to it. Nevertheless, like post-theological, demythologized Protestants who persist in raising prayers to a God they no longer believe in, modern men go on exhibiting a superstitious belief in the authority of the state. Consider, for example, a question now much debated: When is it permissible to resort to violence in politics? If 'violence' is taken to mean an unjustified use of force, then the answer to the question is obviously never. If the use of force were permissible, it would not, by definition, be violence, and if it were violent, it would not, by definition, be permissible. If 'violence' is taken in the strict sense to mean "an illegitimate or unauthorized use of force," then every political act, whether by private parties or by agents of the state, is violent, for there is no such thing as legitimate authority. If 'violence' is construed in the restricted sense as "bodily interference or the direct infliction of physical harm," then the obvious but correct rule is to resort to violence when less harmful or costly means fail, providing always that the balance of good and evil produced is superior to that promised by any available alternative.
These answers are all trivial, but that is precisely my point. Once the concept of violence is seen to rest on the unfounded distinction between legitimate and illegitimate political authority, the question of the appropriateness of violence simply dissolves. It is mere superstition to describe a policeman's beating of a helpless suspect as "an [609] excessive use of force" while characterizing an attack by a crowd on the policeman as "a resort to violence." The implication of such a distinction is that the policeman, as the duly appointed representative of a legitimate government, has a right to use physical force, although no right to use "excessive" force, whereas the crowd of private citizens has no right at all to use even moderate physical force. But there are no legitimate governments, hence no special rights attaching to soldiers, policemen, magistrates, or other law-enforcement agents, hence no coherent distinction between violence and the legitimate use of force.
Consider, as a particular example, the occupation of buildings and the student strike at Columbia University during April and May of 1968. The consequences of those acts have not yet played themselves out, but I think certain general conclusions can be drawn. First, the total harm done by the students and their supporters was very small in comparison with the good results that were achieved. A month of classwork was lost, along with many tempers and a good deal of sleep. Someone -- it is still not clear who -- burned the research notes of a history professor, an act which, I am happy to say, produced a universal revulsion shared even by the sds. In the following year, a number of classes were momentarily disrupted by sds activists in an unsuccessful attempt to repeat the triumph of the previous spring.
Against this, what benefits flowed from the protest? A reactionary and thoroughly unresponsive administration was forced to resign; an all-university Senate of students, professors, and administrators was created, the first such body at Columbia. A callous and antisocial policy of university expansion into the surrounding neighborhood was reversed; some at least of the university's ties with the military were loosened or severed; and an entire community of students and professors were forced to confront moral and political issues which till then they had managed to ignore.
Could these benefits have been won at less cost? Considering the small cost of the uprising, the question seems to me a bit finicky; nevertheless, the answer is clearly, No. The history of administrative intransigence and faculty apathy at Columbia makes it quite clear that nothing short of a dramatic act such as the seizure of buildings could have deposed the university administration and produced a university senate. In retrospect, the affair seems to have been a quite prudent and restrained use of force.
Assuming this assessment to be correct, it is tempting to conclude, "In the Columbia case, violence was justified." But this conclusion [610] is totally wrong, for it implies that a line can be drawn between legitimate and illegitimate forms of protest, the latter being justified only under special conditions and when all else has failed. We would all agree, I think, that, under a dictatorship, men have the right to defy the state or even to attack its representatives when their interests are denied and their needs ignored -- the only rule that binds them is the general caution against doing more harm than they accomplish good. My purpose here is simply to argue that a modern industrial democracy, whatever merits it may have, is in this regard no different from a dictatorship. No special authority attaches to the laws of a representative, majoritarian state; it is only superstition and the myth of legitimacy that invests the judge, the policeman, or the official with an exclusive right to the exercise of certain kinds of force.
In the light of these arguments, it should be obvious that I see no merit in the doctrine of nonviolence, nor do I believe that any special and complex justification is needed for what is usually called "civil disobedience." A commitment to nonviolence can be understood in two different senses, depending on the interpretation given to the concept of violence. If violence is understood in the strict sense as the political use of force in ways proscribed by a legitimate government, then of course the doctrine of nonviolence depends upon the assumption that there are or could be legitimate governments. Since I believe this assumption to be false, I can attribute no coherent meaning to this first conception of nonviolence.
If violence is understood, on the other hand, as the use of force to interfere with someone in a direct, bodily way or to injure him physically, then the doctrine of nonviolence is merely a subjective queasiness having no moral rationale. When you occupy the seats at a lunch counter for hours on end, thereby depriving the proprietor of the profits he would have made on ordinary sales during that time, you are taking money out of his pocket quite as effectively as if you had robbed his till or smashed his stock. If you persist in the sit-in until he goes into debt, loses his lunch counter, and takes a job as a day laborer, then you have done him a much greater injury than would be accomplished by a mere beating in a dark alley. He may deserve to be ruined, of course, but, if so, then he probably also deserves to be beaten. A penchant for such indirect coercion as a boycott or a sit-in is morally questionable, for it merely leaves the dirty work to the bank that forecloses on the mortgage or the policeman who carries out the eviction. Emotionally, the commitment to nonviolence is frequently a severely [611] repressed expression of extreme hostility akin to the mortifications and self-flagellations of religious fanatics. Enough testimony has come from Black novelists and psychiatrists to make it clear that the philosophy of nonviolence is, for the American Negro, what Nietzsche called a "slave morality" -- the principal difference is that, in traditional Christianity, God bears the guilt for inflicting pain on the wicked; in the social gospel, the law acts as the scourge.
The doctrine of civil disobedience is an American peculiarity growing out of the conflict between the authority claims of the state and the directly contradictory claims of individual conscience. In a futile attempt to deny and affirm the authority of the state simultaneously, a number of conscientious dissenters have claimed the right to disobey what they believe to be immoral laws, so long as they are prepared to submit to punishment by the state. A willingness to go to jail for one's beliefs is widely viewed in this country as evidence of moral sincerity, and even as a sort of argument for the position one is defending.
Now, tactically speaking, there is much to be said for legal martyrdom. As tyrannical governments are perpetually discovering, the sight of one's leader nailed to a cross has a marvelously bracing effect on the faithful members of a dissident sect. When the rulers are afflicted by the very principles they are violating, even the threat of self-sacrifice may force a government to its knees. But leaving tactics aside, no one has any moral obligation whatsoever to resist an unjust government openly rather than clandestinely. Nor has anyone a duty to invite and then to suffer unjust punishment. The choice is simple: if the law is right, follow it. If the law is wrong, evade it.
I think it is possible to understand why conscientious and morally concerned men should feel a compulsion to seek punishment for acts they genuinely believe to be right. Conscience is the echo of society's voice within us. The men of strongest and most independent conscience are, in a manner of speaking, just those who have most completely internalized this social voice, so that they hear and obey its commands even when no policeman compels their compliance. Ironically, it is these same men who are most likely to set themselves against the government in the name of ideals and principles to which they feel a higher loyalty. When a society violates the very principles it claims to hold, these men of conscience experience a terrible conflict. They are deeply committed to the principles society has taught them, principles they have truly come to believe. But they can be true to their beliefs only by setting themselves against the laws of the very society that has been their teacher and [612] with whose authority they identify themselves. Such a conflict never occurs in men of weak conscience, who merely obey the law, however much it violates the moral precepts they have only imperfectly learned.
The pain of the conflict is too great to be borne; somehow, it must be alleviated. If the commitment to principle is weak, the individual submits, though he feels morally unclean for doing so. If the identification with society is weak, he rejects the society and becomes alienated, perhaps identifying with some other society. But if both conscience and identification are too strong to be broken, the only solution is to expiate the guilt by seeking social punishment for the breach of society's laws. Oddly enough, the expiation, instead of bringing them back into the fold of law-obeyers, makes it psychologically all the easier for them to continue their defiance of the state.
III
The foregoing conclusions seem to reach far beyond what the argument warrants. The classical theory of political authority may indeed be inadequate; it may even be that the concept of legitimate authority is incoherent; but surely some genuine distinction can be drawn between a politics of reason, rules, and compromise on the one hand, and the resort to violent conflict on the other! Are the acts of a rioting mob different only in degree from the calm and orderly processes of a duly constituted court of law? Such a view partakes more of novelty than of truth!
Unless I very much misjudge my audience, most readers will respond roughly in this manner. There may be a few still willing to break a lance for sovereignty and legitimate authority, and a few, I hope, who agree immediately with what I have said, but the distinction between violence and nonviolence in politics is too familiar to be so easily discarded. In this third section of my essay, therefore, I shall try to discover what makes the distinction so plausible, even though it is -- I insist -- unfounded.
The customary distinction between violent and nonviolent modes of social interaction seems to me to rest on two genuine distinctions: the first is the subjective distinction between the regular or accepted and the irregular or unexpected uses of force; the second is the objective distinction between those interests which are central or vital to an individual and those which are secondary or peripheral.
Consider first the subjective distinction between regular and irregular uses of force in social interactions. It seems perfectly appropriate to us that a conflict between two men who desire the same [613] piece of land should be settled in favor of the one who can pull more money out of his pocket. We consider it regular and orderly that the full weight of the police power of the state be placed behind that settlement in order to ensure that nothing upset it. On the other hand, we consider it violent and disorderly to resolve the dispute by a fist fight or a duel. Yet what is the difference between the use of money, which is one kind of force, and the use of fists, which is another? Well, if we do not appeal to the supposed legitimacy of financial transactions or to the putative authority of the law, then the principal difference is that we are accustomed to settling disputes with dollars and we are no longer accustomed to settling them with fists.
Imagine how barbaric, how unjust, how violent, it must seem, to someone unfamiliar with the beauties of capitalism, that a man's ability to obtain medical care for his children should depend solely on the contingency that some other man can make a profit from his productive labor! Is the Federal Government's seizure of my resources for the purpose of killing Asian peasants less violent than a bandit's extortion of tribute at gunpoint? Yet we are accustomed to the one and unaccustomed to the other.
The objective distinction between central and peripheral interests also shapes our conception of what is violent in politics. When my peripheral or secondary interests are at stake in a conflict, I quite naturally consider only a moderate use of force to be justified. Anything more, I will probably call "violence." What I tend to forget, of course, is that other parties to the conflict may find their primary interests challenged and, hence, may have a very different view of what is and is not violent. In the universities, for example, most of the student challenges have touched only on the peripheral interests of professors. No matter what is decided about rotc, curriculum, the disposition of the endowment, or Black studies, the typical philosophy professor's life will be largely unchanged. His tenure, salary, working conditions, status, and family life remain the same. Hence he is likely to take a tolerant view of building seizures and sit-ins. But let a classroom be disrupted, and he cries out that violence has no place on campus. What he means is that force has been used in a way that touches one of his deeper concerns.
The concept of violence serves as a rhetorical device for proscribing those political uses of force which one considers inimical to one's central interests. Since different social groups have different central interests and can draw on different kinds of force, it follows that there are conflicting definitions of violence. Broadly speaking, [614] in the United States today, there are four conceptions of violence corresponding to four distinct socioeconomic classes.
The first view is associated with the established financial and political interests in the country. It identifies the violent with the illegal, and condemns all challenges to the authority of the state and all assaults on the rights of property as beyond the limits of permissible politics. The older segments of the business community adopt this view, along with the military establishment and the local elites of middle America. Robert Taft was once a perfect symbol of this sector of opinion.
The second view is associated with the affluent, educated, technical and professional middle class in America, together with the new, rapidly growing, future-oriented sectors of the economy, such as the communications industry, electronics, etc. They accept, even welcome, dissent, demonstration, ferment, and -- within limits -- attacks on property in ghetto areas. They look with favor on civil disobedience and feel at ease with extralegal tactics of social change. Their interests are identified with what is new in American society, and they are confident of coming out on top in the competition for wealth and status within an economy built on the principle of reward for profitable performance.
The "liberals," as this group is normally called, can afford to encourage modes of dissent or disruption that do not challenge the economic and social arrangements on which their success is based. They will defend rent strikes, grape boycotts, or lunch-counter sit-ins with the argument that unemployment and starvation are a form of violence also. Since they are themselves in competition with the older elite for power and prestige, they tend to view student rebels and black militants as their allies, up to the point at which their own interests are attacked. But when tactics are used that threaten their positions in universities, in corporations, or in affluent suburbs, then the liberals cry violence also, and call for the police. A poignant example of this class is the liberal professor who cheers the student rebels as they seize the Administration building and then recoils in horror at the demand that he share his authority to determine curriculum and decide promotions.
The third view of violence is that held by working-class and lower-middle-class Americans, those most often referred to as the "white backlash." They perceive the principal threat to their interests as coming from the bottom class of ghetto dwellers, welfare clients, and nonunionized laborers who demand more living space, admission to union jobs with union wages, and a larger share of the social [615] product. To this hard-pressed segment of American society, 'violence' means street crime, ghetto riots, civil-rights marches into all-white neighborhoods, and antiwar attacks on the patriotic symbols of constituted authority with which backlash America identifies. Studies of the petty bourgeoisie in Weimar Germany suggest, and George Wallace's presidential campaign of 1968 confirms, that the lower middle class, when it finds itself pressed between inflationary prices and demands from the lower class, identifies its principal enemy as the lower class. So we find the classic political alliance of old established wealth with right-wing populist elements, both of which favor a repressive response to attacks on authority and a strong governmental policy toward the "violence" of demands for change.
The fourth view of violence is the revolutionary counterdefinition put forward by the outclass and its sympathizers within the liberal wing of the established order. Two complementary rhetorical devices are employed. First, the connotation of the term 'violence' is accepted, but the application of the term is reversed: police are violent, not rioters; employers, not strikers; the American army, not the enemy. In this way, an attack is mounted on the government's claim to possess the right to rule. Secondly, the denotation of the term is held constant and the connotation reversed. Violence is good, not bad; legitimate, not illegitimate. It is, in Stokely Carmichael's great rhetorical flourish, "as American as cherry pie." Since the outclass of rebels has scant access to the instruments of power used by established social classes -- wealth, law, police power, legislation -- it naturally seeks to legitimize the riots, harassments, and street crime which are its only weapons. Equally naturally, the rest of society labels such means "violent" and suppresses them.
In the complex class struggle for wealth and power in America, each of us must decide for himself which group he will identify with. It is not my purpose here to urge one choice rather than another. My sole aim is to argue that the concept of violence has no useful role to play in the deliberations leading to that choice. Whatever other considerations of utility and social justice one appeals to, no weight should be given to the view that some uses of force are prima facie ruled out as illegitimate and hence "violent" or that other uses of force are prima facie ruled in as legitimate, or legal. Furthermore, in the advancement of dissenting positions by illegal means, no special moral merit attaches to the avoiding, as it were, of body contact. Physical harm may be among the most serious injuries that can be done to an opponent, but, if so, it differs only in [616] degree and not in kind from the injuries inflicted by so-called "nonviolent" techniques of political action.
IV
The myth of legitimate authority is the secular reincarnation of that religious superstition which has finally ceased to play a significant role in the affairs of men. Like Christianity, the worship of the state has its fundamentalists, its revisionists, its ecumenicists (or world-Federalists), and its theological rationale. The philosophical anarchist is the atheist of politics. I began my discussion with the observation that the belief in legitimacy, like the penchant for transcendent metaphysics, is an ineradicable irrationality of the human experience. However, the slow extinction of religious faith over the past two centuries may encourage us to hope that in time anarchism, like atheism, will become the accepted conviction of enlightened and rational men.
Notes
* To be presented in an apa symposium on Violence, December 28, 1969; see Bernard Gert, "Justifying Violence," this journal, lxvi, 19 (Oct. 2, 1969): 616-628.
This essay was written for, and will appear in, a collection of original essays by several contributors entitled The Rule of Law, edited by the author, to be published by Simon & Schuster, Inc.
1 What follows is a summary of analyses I have published elsewhere. The concept of political power is treated in Chapter in of The Poverty of Liberalism (Boston: Beacon Press, 1968). The concepts of legitimacy and authority are analyzed in my essay on "Political Philosophy" in Arthur Danto, ed., The Harper Guide to Philosophy (New York: Harper & Row, 1970).
2 See Robert A. Dahl, "The Concept of Power," Behavioral Science (July 1957), for just such a classification.
3 See "Political Philosophy," in Danto, op. cit.
