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ENGLISH VERSION CULTURE WAR

tread familiar and commonly accepted defeated by unity, and the power of those room for the rights of those in a state of
ground, as if this were new. The thread of who united now represents the law, as subjection.
my arguments demands it. opposed to the violence of the individual From that time on, there were two factors
It is, therefore, a general principle that alone. We see, therefore, that the law is at work in the community that were a source
conflicts of interest between men are the strength of a community. of concern regarding matters of the law,
resolved through the use of violence. This However, it is still violence, ready to but which tended, at the same time, to a
is what happens throughout the animal turn against any individual who opposes greater growth of the law.
kingdom, from which man has no reason it. It works by the same methods and Firstly, attempts are made by certain
to exclude himself. In the case of man, pursues the same objectives. The only real holders of power to place themselves above
conflicts of opinion undoubtedly also difference lies in the fact that what prevails the prohibitions that apply to
occur that can reach the rarest nuances is no longer the violence of an individual, Everyone, that is, seeks to escape from
of abstraction and that seem to require but the violence of the community. rule by law to rule by violence.
some other technique for their solution. In order for the transition from violence Secondly, the oppressed members of
This is, however, an additional complication. to this new right or justice to be effected, the group make constant efforts to obtain
In the beginning, in a small human horde, however, a psychological condition had to more power and see some changes made
it was the superiority of muscular strength be fulfilled. The union of the majority should in this regard recognized in the law, that is,
that decided who had possession of things be stable and lasting. If it had only been put they push to move from unequal justice to
or who made their will prevail. Muscular into practice for the purpose of combating equal justice for all. This second tendency
strength was soon supplemented and an isolated and dominant individual, and becomes especially important if a real shift
replaced by the use of instruments: the had been dissolved after his defeat, nothing in power occurs within the community,
winner was the one who had the best would have been accomplished. as may occur as a result of a number of
weapons or the one who had the greatest The next person, who considered himself historical factors. In this case, the law can
skill in handling them. superior in strength, would once again try to gradually adapt to the new distribution of
From the moment weapons were establish dominance through violence, and power; or, as happens more frequently,
introduced, intellectual superiority began the game would be repeated ad infinitum. the ruling class refuses to admit change
to replace brute muscular strength; but the The community must maintain itself and rebellion and civil war ensue, with a
ultimate object of the struggle remained the permanently, must organize itself, must temporary suspension of the law and new
same oeste or other had to be compelled to establish regulations to anticipate the risk attempts at a solution through violence,
abandon its pretensions or its objections, of rebellion and must institute authorities ending with the establishment of a new
because of the damage that had been to ensure that these regulations, that the system of laws.
inflicted on it by the dismantling of its force. laws are respected, and to supervise the There is still a third source from
This objective was achieved more execution of legal acts of violence. which changes in the law can arise, and
completely if the victor’s violence eliminated The recognition of an entity of interests which is invariably expressed through
his opponent forever, that is, if he killed him. such as these has led to the emergence peaceful means: it consists in the cultural
This had two advantages: the vanquished of emotional bonds between members transformation of the members of the
could not reestablish his opposition and his of a group of people united by common community. This, however, is properly
fate would dissuade others from following feelings, which are the true source of their part of another correlation and must be
his example. Furthermore, killing an enemy strength. I believe that, with this, we already considered later.
satisfied an instinctual inclination, which have all the essential elements: violence We see, therefore, that the violent
I will mention later. supplanted by the transfer of power to solution of conflicts of interest is not
The intention to kill would be opposed a larger unit, which is held together by avoided even within a community. Everyday
by the reflection that the enemy could be emotional ties between its members. What needs and common interests, inevitable
used to perform useful services, if he were remains to be said is nothing more than an where people live together in one place,
left alive and in a state of intimidation. In amplification and a repetition of this fact. tend, however, to bring these struggles
this case, the victor’s violence was content The situation is simple as long as the to a quick conclusion, and under such
with subduing, rather than killing, the community consists of only a few equally conditions there is an increasing probability
vanquished. This was the beginning of strong individuals. The laws of such an of finding a peaceful solution. Furthermore,
the idea of sparing the life of an enemy, but association will determine the degree to a quick look at the history of the human

from then on the victor had to rely on the which, if the security of communal life is to race reveals an endless series of conflicts
hidden thirst for revenge of the defeated be guaranteed, each individual must give between one community and another, or
opponent and sacrificed part of his own up his personal freedom to use his force several others, between larger and smaller
safety. for violent purposes. units, between cities, provinces, races,
This was, therefore, the initial situation A state of equilibrium of this kind, nations, empires, which were almost always
of the facts: domination by anyone who however, is only conceivable theoretically. formed by force. of weapons. Wars of
had power greater than domination by In reality, the situation is complicated by this kind end either by looting or by the
brute violence or violence supported by the fact that, from its beginnings, the complete annihilation and conquest of
the intellect. As we know, this regime was community encompasses elements of one of the parties.
modified in the course of evolution. There unequal strength, men and women, parents It is impossible to establish any general
was a path that extended from violence and children, and soon, as a consequence judgment of wars of conquest. Some, like
to law or law. of war and conquest, it also begins to those undertaken by the Mongols and Turks,
What path was this? I think there was only include victors and defeated, who become brought nothing but harm. Others, on the
one: the path that led to the recognition masters and slaves. contrary, contributed to the transformation
of the fact that the superior strength of The justice of the community then begins of violence into law, by establishing larger
a single individual could be countered to express unequal degrees of power in units, among which the use of violence
by the union of several weak individuals: force within it. Laws are made by and for became impossible and in which a new
union makes strength. Violence could be the governing members and leave little system of laws resolved conflicts. In this

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