ISSN 1008-2204
CN 11-3979/C
LIU Yan. How to Accurately Understand the Violent Nature of Law[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition. DOI: 10.13766/j.bhsk.1008-2204.2023.0211
Citation: LIU Yan. How to Accurately Understand the Violent Nature of Law[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition. DOI: 10.13766/j.bhsk.1008-2204.2023.0211

How to Accurately Understand the Violent Nature of Law

  • : “Violence” has important implications for the two basic problems of jurisprudence: “what is the law” and “why should people have to obey the law”. There are inner contradictions of “how to understand the violent nature of law” in the existing legal theories. Based on the distinctions of “die rechtsetzende Gewalt/die rechtsrhaltende Gewalt” and “physical violence/violent symbolic”, the legal violence in fact is the symbolized violence i.e. the system of legal issues about the operation of physical violence. The legal violence is both “die rechtsetzende Gewal” and “die rechtsrhaltende Gewalt”. Legal violence is the certification of the existence and not nonexistence of law and the essential components of the concept and nature of law. Backing with physical violence, the enforceability of law is the showing of validity of law and has the irreplaceable value to law.
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