Gun Rights and Tyranny [tpm]

[Originally posted at Talking Philosophy Magazine blog]

I’d like to present a quick little philosophical coda to Mike’s latest post on gun rights and tyranny by outlining a difficult puzzle.

Consider the following propositions:

1. A state is any organization that successfully upholds the possession of a monopoly on the legitimate use of force.

2. It is legitimate to defend against tyranny by the use of force.

Both premises look to be pretty plausible. The first is Max Weber’s definition of the state, which is widely influential. The second is a commonsense construal of the Second Amendment, once you formulate it in a way that is consistent with the Constitution [and other founding documents].

But what follows from these two premises? Well, anyone who makes a legitimate claim to the use of force, and who is not a part of the government or acting as a party to its laws, cannot help but be seeking to disrupt the state’s monopoly on the use of force. Hence, those who recognize the validity of this commonsense reading of second amendment are de facto advocates of vigilantism. Even if you are a centrist or left-libertarian who advocates gun control, so long as you recognize (2) is a plausible reading of the constitution, you are stuck moonlighting as an advocate for vigilantism. This is remarkable.

Obviously, many of us do not want to come to that conclusion. So there must be something wrong with one or both of these premises. Perhaps (1) is a vulgar statist formulation which pretends that ‘legitimacy’ equals morally rightness. So you might think that the difference between (1) and (2) trades on an ambiguity in the meaning of the term ‘legitimate’. But this critique does not seem destined for success. ‘Legitimacy’ seems to be a non-moral normative phrase, meaning something like, ‘is commonly recognized to hold a certain status’.

It’s a distressing and difficult puzzle, made all the more frustrating by the fact that it is so easy to formulate. Needless to say, quite a bit rides on the answer to the question. But whatever the answer is, the first step in a good conversation is for everybody to recognize a problem as a problem.

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