"Those who have the command of the arms in a country are masters of the state, and have it in their power to make what revolutions they please. [Thus,] there is no end to observations on the difference between the measures likely to be pursued by a minister backed by a standing army, and those of a court awed by the fear of an armed people".
Aristotle (384-322 BC), Greek philosopher "Murder being the very foundation of our social institutions, it is consequently the most imperious necessity of civilised life. If there were no murder, government of any sort would be inconceivable. For the admirable fact is that crime in general, and murder in particular, not simply excuses it but represents its only reason to exist ... Otherwise we would live in complete anarchy, something we find unimaginable ..".
Octave Mirbeau (1848-1917), The Torture Garden The state has a monopoly on behaviour usually deemed criminal. It murders, kidnaps, and locks up people.
Sovereignty has come to be identified with the unbridled - and exclusive - exercise of violence. The emergence of modern international law has narrowed the field of permissible conduct. A sovereign can no longer commit genocide or ethnic cleansing with impunity, for instance.
Many acts - such as the waging of aggressive war, the mistreatment of minorities, the suppression of the freedom of association - hitherto sovereign privilege, have thankfully been criminalized. Many politicians, hitherto immune to international prosecution, are no longer so.
Consider Yugoslavia's Milosevic and Chile's Pinochet.
But, the irony is that a similar trend of criminalization - within national legal systems - allows governments to oppress their citizenry to an extent previously unknown.
Hitherto civil torts, permissible acts, and common behaviour patterns are routinely criminalized by legislators and regulators. Precious few are decriminalized.
Consider, for instance, the criminalization in the Economic Espionage Act (1996) of the misappropriation of trade secrets and the criminalization of the violation of copyrights in the Digital Millennium Copyright Act (2000) - both in the USA. These used to be civil torts.
They still are in many countries. Drug use, common behaviour in England only 50 years ago - is now criminal.