Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

Search


Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

jr_114_9780195367195_bnr

jr_114_9780195383768_bnr

advertise-here4


FC-CO(SS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • Joe Miller on Unfriending, an experiment

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • TJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Christa on Must Law Practice and Scholarship be Exciting?

    • AYY on Privacy and Tattletales

    • Lsat Prep on Improving the US News Rankings: A Wish List

    • Lsat Prep on Fantasy Law School League

    • Legal Fact Finder on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Observer on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Mike Rich on Negligent Corpse Mishandling

    • anon on Privacy and Tattletales

    • orly lobel on At CELS, Hoping to Blog

    • harry brooks on Ricci: Color-Blind Standards in a Race Conscious Society?

  •  

    Site Meter

Violence Specialists

posted by Alice Ristroph

In the terminology of a recent book by two economists and a political scientist, “violence specialists” are those who use violence professionally. Violence and Social Orders is a grand theory of human societies (the book’s subtitle is “A Conceptual Framework for Interpreting Recorded Human History”) expounded in rather dry, matter-of-fact prose. The matter-of-fact tone makes the phrase “violence specialists” particularly striking. In a contemporary society like the United States, the authorized violence specialists include the military and police forces. But we don’t tend to speak of our military and police in this way. Indeed, it might be more common to hear police and military personnel described as potential targets of violence than as agents of violence. The police, and the troops, are often praised as “those who put their lives on the line.” And we say, abstractly, that police and military forces keep us safe or protect the public, but the rhetoric of safety and protection tends to obscure the violent means by which safety is ostensibly secured. Given our usual ways of speaking, “violence specialists” is an attention-grabbing phrase.

Unless you think the word violence always implies that the force in question is used wrongfully, the phrase “violence specialists” doesn’t itself pass judgment on the actions of police or soldiers. Max Weber famously described the state as the entity with a monopoly on legitimate violence, and one could view the police and military as the agents of that distinctively legitimate violence. But there’s something to be gained, I think, by directly acknowledging the extent to which police and military forces are agents of violence and not only noble, self-sacrificing targets of it.

Among other things, thinking of police officers and soldiers as violence specialists might prompt some uncomfortable, but necessary, reconsiderations of appeals to their safety. There seems to be a strong presumption that even amidst the ritual expressions of gratitude toward “those who put their lives on the line,” we should do everything possible to prevent their lives from actually being put on the line. In Fourth Amendment jurisprudence, “officer safety” has become a talisman used to justify shrinking protections for individual privacy and broader police discretion. In the national security context, the safety of the troops seems to have similar talismanic appeal. It’s nearly taboo, I think, to suggest that officer safety or troop safety is one goal among many rather than a priority to be pursued at all costs. Thinking of the police and the military as violence specialists acknowledges both the risks these professionals face and the risks they impose.

[Cross-posted at Balkinization.]


 August 11, 2009 at 12:21 pm   Posted in: Uncategorized   Print This Post Print This Post

Responses (9)

  1. A.W. - August 11, 2009 at 1:31 pm

    i think the term “violence” is a loaded one. and so you wonder why they don’t instead use the term “force specialists.”

    But word games are ultimately uninteresting to me. ultimately the word will take on a meaning that reflects our attitude. The story of what we call black people is a great case in point. in the 1800’s, negroes, colored people etc. were considered nice terms. the n-word was a nasty one, but so, fascinatingly, was the term african american. yes, african american was once considered a slur, indicating that somehow black people were less american than white people. then slowly terms evolved until african american is considered okay. of course that term is pretty problematic. for instance, James Taranto pointed out that Theresa Heinz Kerry, having been born in Africa, and being an american, is an african american–but of course no one would call her that.

    Or take the word “special.” handicapped people faced prejudice, so they played the word game. “oh, he is not handicapped, he is _special._” So they got everyone to use that word, but guess what? it started to be a slur. see, e.g. the president saying he bowled like a special olympian.

    There are certain people especially on the left who think that if you get everyone to call a hated thing a nice term, that we will start to think happy thoughts about that hated thing. and the confusion can work a while. at first when i heard the term “progressive” i was confused and didn’t realize it was just another word for liberal. but when you figure it out, if anything, you get annoyed with the persons who do that because it is bullsh–. But then i have always been allergic to bullsh–.

    As a disabled person i resist efforts to use silly euphamisms. when a person says they want to call me challenged, i resist it. instead i change the attitude. yes i am disabled. its not as bad as people think it is. indeed, i find most disabled people agree that the prejudice is a bigger problem than the disability itself, although obviously individual cases vary.

  2. fishbane - August 11, 2009 at 1:43 pm

    A.W.: Why is “violence” a loaded term (although it is an unintended pun)?

    It strikes me (hah) as more precise – the word “force” is employed elsewhere, in terms of being “forced to do one’s homework”, but I don’t think Mom falls into the category of “force specialists”. Police, soldiers, and corrections officers fall in to a pretty tidy category, defined by training for violence as the word is commonly used, not the word force, as commonly used.

  3. ohwilleke - August 11, 2009 at 4:07 pm

    The trouble is that the subset of law enforcement and even military professionals who regularly dispense violence is quite modest.

    Few police officers, for example, fire their service weapons in anger more than a few times in a career, and a large share of these uses are defensive; a typical police officer makes one arrest a week, often with little or no resistance from a suspect.

    Perhaps SWAT teams within police forces are really active uses of violence, but while American law enforcement officers are typically armed, the vast majority more closely resemble British bobbies or Japanese neighborhood office cops than TV depictions of the role. Some specialties, like CSI, are almost completely devote of personal violence use. Most law enforcement officers mostly do business in authority, rather than actual use of force.

    Similarly, while the institution of the military as a whole is to deploy violence, many military personnel are involved in dispensing that violence in only the most indirect way. There are nineteen people back at the airbase (mostly in maintenance jobs) for every airman who flies a fighter jet. Lots of Army personnel have positions which are primarily logistic (e.g. supply truck driver), or non-combat oriented (e.g. mechanics, cooks, and more soldiers described in Iraq as “Fobbits,” because they spend most of their time within the confines of forward operating bases).

    Violence is also not the synonomous with merely the use of force or the threat of force. While all violence may involve the use of force, not all uses of force or the threat of force are violent. Handcuffing someone is a use of force (even if they don’t resist having them put on), beating someone over the head, in contrast, is necessarily violent.

    Dealing with someone by confining them with bars and barbed wire fences, as one does in a prison (military or civilian) certainly involves the use of force or the threat of force to restrain someone. But, violence is not the objective. The objective is to prevent anyone from needing to or actually using force in violent way.

    Part of the core idea of a social order is to use the authority and capacity of the sovereign to use force to avoid actual violence, something that is reflected in the widespread decline of capital and corporal punishment driven in part by the fear that this sends a violent message which undermines this goal.

  4. fishbane - August 12, 2009 at 6:33 am

    The trouble is that the subset of law enforcement and even military professionals who regularly dispense violence is quite modest.

    I don’t see this as problematic. We say that accountants and lawyers working for Exxon/Mobil work in the oil industry, even though they aren’t drilling or driving gas around.

    Violence is also not the synonomous with merely the use of force or the threat of force.

    Exactly. That’s why we don’t include judges, school administrators and DMV clerks in the category.

    But, violence is not the objective. The objective is to prevent anyone from needing to or actually using force in violent way.

    The distinction isn’t really relevant, I don’t think. The objective of individual car insurance is to stabilize personal cash flows in the face of uncertainty*, but is completely pointless unless one is quite certain the insuring company is capable of paying a claim.

    *putting aside policy issues.

  5. birtelcom - August 12, 2009 at 8:53 am

    Not sure why the use of the term “violence” here is especially startling. The description of the (modern) state as being defined by its holding a “monopoly on violence” within its territory dates back at least to the translations of Max Weber’s work about a century ago, and has been widely used terminology in political science and sociology since then.

  6. seth edenbaum - August 13, 2009 at 8:34 am

    The important issue here is not the semantics of violence or force but “specialist.” What’s the proper the role of specialization in a democracy?

    The military operates on an ethic of piety antithetical to the moral logic of democracy. But from Weber to Posner, instrumentalism is considered foundational: in the service of assumed ends, so society is founded on specialization as much as the military.

    A citizen-soldier has divided loyalties, a professional soldier is loyal only to military piety. I asked a soldier on a Milblog whether he was first a Marine or a citizen of the US and his response was “Semper Fi!.” No one else questioned him.

    A citizen-solder must morally and logically defy the law of non-contradiction. The defiance of that law is in fact the essence of democracy. Technocracy is not democracy. Hyper-specialization is a danger to republican forms of government because it is dangerous to republican society that forms its base. This is all basic empiricism as against fundamentalist rationalism.

  7. ohwilleke - August 14, 2009 at 5:19 pm

    The premise of the original post, that the moral responsibility of “agents of violence” makes their safety something of reduced importance — i.e. that attacking or killing cops and soldiers is morally justifiable to a greater extent than others, is troubling, particularly because this idea is decoupled from a notion of legitimate self-defense or even of some extended notion of self-defense.

    Max Weber’s description (presumably translated from German and hence opening up the possibility that a nuance has been lost in translation) also isn’t very descriptive of reality. About half of legitimate uses of force in the U.S. (at least those statistically noted and producing deaths) are by non-law enforcement civilians. The percentage of uses of force by police that would not be legitimate if carried out by civilians is even smaller.

    Specialization is hardly controversial as a general concept. Nobody stays up nights worrying that mechanics don’t make their own bread and don’t grow their own tomatoes. Even “use of force specialist” would probably not be all that controversial. It is the use of the word violence and the implications attached to it, that are controversial.

  8. seth edenbaum - August 15, 2009 at 9:38 am

    “Specialization is hardly controversial as a general concept.”
    No, actually the debate between specialists and generalists is old and ongoing, in both epistemology, as abstraction, and general politics.
    In fact it’s the most important debate going.

  9. Alice Ristroph - August 21, 2009 at 3:20 pm

    A related post here:
    http://www.concurringopinions.com/archives/2009/08/force-and-resistance.html

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page

Solangel Maldonado

Website
SSRN Page

Gerard Magliocca

Website
SSRN Page


Guests

Rachel Godsil
Alex Kreit
Anita Krishnakumar
Matthew Sag
Michael Zimmer






Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Spencer Weber Waller
Howard Wasserman
Frank Wu
Corey Yung
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress