On vis (force, violence) and criminal law

Abstract

Liberal garantism is not a conciliatory concept that stands in opposition to power. It is a conception of power that stands in contrast to others. A realistic understanding of the world’s evil warns us about the shortcomings and risks of Leviathan justice, a power that can be either authoritative force or brute violence. Recognizing the limits of human justice raises the question of what can be done, including in the context of reducing evil and responding to it. Liberal democracies have provided the answers that are closest to acceptable justice. For the coexistence of free and equal individuals in freedom and rights (Article 1 of the Universal Declaration of Human Rights), both power and its limits, as well as the strength and the chaining of the Leviathan, are essential aspects. Also with regard to criminal law.