It is September in the year of our Lord 2020, and the world is ending once again. In the midst of our second stay away from university, (US)America has refused to go down without more high-profile cases of police brutality, bringing the Black Lives Matter protests back onto New Zealand screens.[1] Why do the police, an organisation supposedly committed to reinforcing law and order, appear to be at the heart of this social ill? What is it about the police that shapes them into a tool for oppression?

In New Zealand (as in American) society, the state has a monopoly on violence, the rights to which are vested in the New Zealand Police and military. The implicit threat of violence against unlawful action is used to maintain law and order and coerce us into abiding by the laws set out by the government. This system seems fine on the surface – after all, we’re the ones making the laws in a democratic society, right? We vote our representatives into Parliament, and they cast votes on political issues that broadly represent their district’s views. Through representative democracy, each and every citizen has a voice. It is through that participation that the state gains the legitimacy to maintain a monopoly on violence.

Unfortunately, the interests of workers are often outclassed by the influence of capital and money. In 2010, during the filming of the Hobbit movies, New Zealand actor’s union Actors Equity issued a stop work order on the production of the series in order to demand better working conditions and equitable treatment. Worried that this would cause Warner Bros. to pull production out of the country entirely (which, in fairness, was very possible), then Prime Minister John Key rushed the infamous Employment Relations Amendment Bill (the ‘Hobbit Law’) through parliament, destroying film workers of all kinds’ rights to collectively bargain while offering international film corporations tax breaks to the tune of $7.5 million NZD per picture.[2] These rights are only now being restored after almost a decade of actors’ inability to resist exploitation. The profit margins of film execs were deemed more important than worker’s rights.

Class isn’t the only divide when it comes to the eyes of the law. Over half of our prison population is Māori when they comprise only 16.5% of the general population, and Māori are over twice as likely as Pākehā to be imprisoned when found guilty of the same crime.[3] Is the state monopoly on violence being used for the benefit of these groups? Can such violence truly be considered legitimate when it both leads to inequitable outcomes and enforces laws which are not always created according to the interests of New Zealanders? Even a single exception to the idea that our society is run according to the will of the people calls the legitimacy of state violence (and therefore state policing) into question. In reality, the police as an instrument of state violence is overwhelmingly used to reinforce the power of the state, with protecting the people being a nice bonus that justifies its existence.

Enter the Black Lives Matter protests. Much of anti-BLM rhetoric centers on the lawlessness of the movement, drawing upon the imagery of a violent, riotous mob to cast doubt upon its legitimacy. They point to the rocks thrown, the broken windows, and ask “how can we trust that these people have the right intentions when they are so brutal?” But what makes violence in self-defence (which has been relatively muted) illegitimate when the state has used its ‘legitimate’ monopoly on violence to literally murder its own citizens in broad daylight?[4] The language of legitimacy as we understand it inherently favours the powerful. Rather than working within the framework of the state, the legitimacy of BLM is found in how it fulfils our obligations to each other’s wellbeing and safety. Violence is not necessarily a good idea in every situation, but it also does not necessarily make a movement illegitimate.

References:

[1] BBC News, Jacob Blake: What we know about Wisconsin police shooting

https://www.bbc.com/news/world-us-canada-53909766

[2] Lindsay Ellis, The Hobbit: The Desolation of Warners (Part 3/2)

https://www.youtube.com/watch?v=Qi7t_g5QObs

[3a] Department of Corrections, Prison facts and statistics – June 2020

https://www.corrections.govt.nz/resources/research_and_statistics/quarterly_prison_statistics/prison_stats_june_2020

[3b] NZ Herald, Maori imprisoned at twice rate of Europeans for same crime

https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11709631

[4] The News & Observer, Over 90% of Black Lives Matter demonstrations this summer were peaceful, analysis shows

https://www.newsobserver.com/news/nation-world/national/article245491375.html

Further reading (lots of anarchism, you have been warned):

Anonymous authors, The Illegitimacy of Violence, the Violence of Legitimacy

https://crimethinc.com/2012/03/27/the-illegitimacy-of-violence-the-violence-of-legitimacy

Noncompete, How do Anarchist police and military work? | How Anarchism Works Part 3

https://www.youtube.com/watch?v=Hmy1jjRnl8I&t=268s

Thought Slime, All Cops Are Bad

https://www.youtube.com/watch?v=vk5xnEL8mYg&t=608s