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Can We Dispense with Force

Consequent to the above discussion on Law and Force it is but vital to this undertaking
that the pivotal question on whether the element of force or coercion should be included in the
administration of law.
The prevalent answer to this would be; no. Apparently there are a number of reasons
as to why the element of force is deemed indispensable for the administration of justice and
law and a couple of them will be subsequently discussed.
One of the main reasons why force is an indispensable element of law is that “at all
levels of society human law has depended for its ultimate efficacy on the degree to which it is
backed by organized coercion.”1 The authority of the law gains much teeth for enforceability
from the availability of the machinery of regular enforcement which inevitably entails force.
Another reason why force is an indispensable element of law and also perhaps the
most weighty yet comes from the field of Psychoanalysis founded by Sigmund Freud who first
“emphasized the significance of unconscious processes in normal and neurotic behavior. He
proposed the existence of an unconscious element in the mind which influences
consciousness, and of conflicts in it between various sets of forces.” 2 From this field we learn
of “the unconscious factors in man's psychological make-up. Among these unconscious
factors are powerful aggressive drives which require to be effectively repressed in order to
subject man to the needs of social discipline.” 3 Hence the need for coercion or force in the
administration of law and the strong insistence on the necessary connection between civilized
society where peace and justice prevail and coercive social order wherein social discipline is
a crucial element achieved with the concurrence of positive law, a strong sense of moral law
and the balanced use of force.

Rules About Force
These are the rules governing the use of violence as a mode of enforcing the laws.

1 Law and Force Reading
2 Freud, Sigmund. 2011. In Oxford Dictionary of English. Retrieved February 3, 2013 from Oxford Dictionary of English
Mac Application Version 2.2.1 (143.1).
3 Law and Force Reading

and orders are made in respect of which. and adjudicated upon. “rules about the use of force may be properly broadened to cover all the procedural apparatus of the law. that there is to hand an organized force of overwhelming strength. It has been pushed further into the background and has been bureaucratized to a point where the element of authority overshadows the need for force.” 5 Finally. The procedural apparatus of law being understood to cover the procedural process whereby proceedings are instituted. which is. this does not necessarily entail the annexing of penal consequences to every individual rule comprised in a legal system. “though coercion may be an indispensable part of an effective system of law.”4 Secondly. the forces of the state may be brought to bear upon individuals. for under state law. 4 Law and Force Reading 5 Law and Force Reading 6 Law and Force Reading . Such procedures are not necessarily judicial or purely judicial. In developed states a characteristic of law and its use of force is that it has been more and more closely regulated and more efficiently brought to bear upon the recalcitrant. regulated.”6 The importance of the element of coercion or force in law should not be misunderstood to imply that a rule whose breach does not entail a sanction or the application of state force cannot be regarded as a rule of law. coercion may result from the executive or administrative process.The first one would be the “essential condition for reducing the application of violence.