Module 7 – Power and Justice
Lesson 1
Law, Power, and the State: Who Makes the Rules?
Law, Power, and the State: Who Makes the Rules?
Guiding Questions
• Where does the law get its authority?
• Who decides what counts as justice?
• Is obeying the law the same as doing what is right?
Law as an Instrument of Power
Every society has rules. But who creates them — and why?
Laws can serve many functions:
• Protecting people from harm
• Organizing social behavior
• Distributing resources and responsibilities
• Defining who belongs — and who doesn’t
But behind every law is power:
• The power to define right and wrong
• The power to punish or protect
• The power to decide whose voice matters
In this sense, law is never neutral. It reflects the values of those in power — or the struggles of those who resisted.
Philosophical Perspectives
Thomas Hobbes – Leviathan
Hobbes believed that without a strong central authority, society would collapse into chaos. He argued that people give up freedoms to the state in exchange for order and safety.
Jean-Jacques Rousseau – The Social Contract
Rousseau agreed that laws require consent — but warned that rulers can become tyrants. True power comes from the people, not kings or elites.
Max Weber – Politics as a Vocation
Weber defined the state as the institution that claims a monopoly on the legitimate use of violence. According to him, law is backed by force — but force alone is not legitimacy.
Real-World Power and Legal Authority
In many modern states:
• Police enforce laws with the power to arrest or use force
• Courts interpret laws and impose punishment
• Elected officials pass or repeal laws
• Constitutions provide the legal foundation for all these powers
But what happens when laws are unjust? Or when the powerful break their own rules?
Two Perspectives
Legal Positivism
Law is law. Its legitimacy comes from how it is made, not from whether it is moral. If a law is passed through the correct process, it must be obeyed.
Natural Law Theory
Law must be grounded in morality. If a law violates fundamental justice or human dignity, it is not a true law — and may be disobeyed.
A Thought Experiment
Imagine a society where laws are made by a powerful elite.
They claim it is democratic — but only the rich can run for office.
Ask yourself:
• Is this system legitimate?
• Would obeying its laws be just — or cowardly?
• What gives a law its true authority: the process, the power, or the principles behind it?
Tools for Understanding Law and Power
• Study legal history: Who gained power through law? Who lost it?
• Examine court rulings: Are they consistent, fair, or biased?
• Follow current legislation: Who proposes it, who resists it, and who benefits?
• Analyze power dynamics: Who is silenced — and who decides what counts as “order”?
Reflect and Discuss
• Have you ever followed a rule that you thought was unfair? Why did you obey it?
• Should laws be followed just because they exist?
• How can ordinary people influence the laws that govern them?
Suggested Readings
• Thomas Hobbes – Leviathan
• Jean-Jacques Rousseau – The Social Contract
• Max Weber – Politics as a Vocation
• John Locke – Two Treatises of Government
• Angela Davis – Are Prisons Obsolete?