ikandaWPS Office
ikandaWPS Office
ikandaWPS Office
ACR/00021/021.
QUESTION. Explain the use and meanings of violence as a means to maintain law and order. Use the
example of fueds among Somali people on community policing to illustrate your answer.
Violence refers to any constraint imposed on a person in exercising law enforcement functions. It ranges
from physical restraints by hand or restraining devides like hand caffs or the use of lethat weapons like
teargas or rubber bullets.
Waber defines the state as a political institution that claims successfully on the monopoly of violence.
States vary greatly in their capacities and the extent to which they monopolize violence. Monopoly of
violence refers to the idea that in modern state, the legitimate authority and control over the use of
force and violence are concentrated with the state's institutions such as the police, military and other
security forces.
According to waber again, their different types of authority that govern a state, they include traditional
authority, charismatic authority and legal rational authority. Modern state is mostly characterized by
the existence of the legal rational authority, this type of authority is a grounded system of laws and
regulations. It is also based on established rules and procedures and not one of the qualities of
individuals or traditions. For example; government officials and judges.
Modern state results from the process of political, legal and fiscal centralization. According to Weber, a
modern state exists when a community presents certain characteristics.
C. Legal authority over all persons and also over most acts that take place in the territory under it's
jurisdiction. This means that the state alone through the legislative power can establish laws or repeal
them, only the state and it's laws are ninding and therefore no jurisdiction diversity.
D. And finally the legitimization of the use of force it's area. This means the state only is the only entity
with rightful authority to use force and violence to maintain order, uphold laws and protect it's citizens.
Monopoly of violence one of the key characteristics of a modern state and modern public law, it is a
concept that the state alone has the right to use or authorize the use of physical force. Even today the
use of force is considered legitimate only to the degree that is permitted or prescribed by the state. For
example, maintain law and order is the responsibility of civil authorities, the primary role of the armed
forces of a state is to defend national territory against external threats ( international armed conflict)
and to deal with external threats( no international armed conflicts situations where in some instances
force may used so as to restore peace.
Though it's not only the state that uses forces, it can grant another actor the right to use violence
without losing its monopoly. However such a country cannot not exist when the force that maintains
order over a territory and it's inhabitants is in several hands or when there is centralization of this
power.