One interesting narrative about the riots in Baltimore involved the concept of the rule of law. Put roughly, the rule of law is the idea that the law should govern rather than the arbitrary decisions of those in power. The notion is sometimes applied to the citizens as well, that citizens should follow the rule of law to resolve conflicts—as opposed to engaging in activities such as riots or vigilantism.
Thinkers such as John Locke have argued that the rule of law is preferable to that of the state of nature. These arguments are generally persuasive, especially since Locke emphasizes the moral responsibilities of the state in regard to the good of the people. That is, he does not simply advocate obedience to whatever the laws happen to be but requires that the laws and the leaders prove worthy of obedience. Laws or leaders that are tyrannical are not to be obeyed but are to be defied and justly so.
Since I find Locke’s arguments appealing, it is hardly surprising that I favor rule of law when the laws are good and the leaders are acting for the good of the people. When the government has moral legitimacy, the laws and the leaders have the right to expect people to follow the laws and listen to the leaders. However, when the laws or leaders violate the basic agreement, then their legitimacy evaporates.
Some conservatives spoke of the tyranny of Obama and how the Democrats wished to create a tyrannical state. They are right to be worried about tyranny. However, their timeline is in error: tyranny was already present in 2015 and has strengthened since.
John Locke provides the following definition of “tyranny”: “Tyranny is the exercise of power beyond right, which nobody can have a right to. And this is making use of the power any one has in his hands, not for the good of those who are under it, but for his own private separate advantage.”
The United States meets this definition. In 2014, researchers at Princeton and Northwestern conducted a study to determine the extent to which laws reflect the views of the majority versus the interests of those in power. This study, titled “Testing Theories of American Politics: Elites, Interest Groups, and Average Citizens” , used data gathered from 1981 to 2002.
The researchers examined about 1,800 polices from that time and matched them against the preferences expressed by three classes: the average American (50th income percentile), the affluent American (the 90th percentile of income) and the large special interest groups. The results were hardly surprising: “The central point that emerges from our research is that economic elites and organized groups representing business interests have substantial independent impacts on US government policy, while mass-based interest groups and average citizens have little or no independent influence.”
While following these laws would be to conform to the rule of law, it would also be to embrace tyrannical laws crafted for the advantage of those holding power and not the good of the people.
While the people who riot are probably unfamiliar with this research, they know the obvious: they live within a political and economic system that serves the “private, separate advantage” of the elite class and has little to offer them. As such, it should be no shock that some people do not embrace the rule of such law. If they are striking out against these laws and their riots are a revolt, they are revolting against a tyrannical system, one that serves the interests of the powerful few and not the good of the people. Or to be fair to those who were critical of the riots, perhaps they are just breaking things.
Continuing with tyranny, Locke notes that “Where-ever law ends, tyranny begins, if the law be transgressed to another’s harm; and whosoever in authority exceeds the power given him by the law, and makes use of the force he has under his command, to compass that upon the subject, which the law allows not, ceases in that to be a magistrate; and, acting without authority, may be opposed, as any other man, who by force invades the right of another.”
Sadly, this is an accurate description of the excessive use of force against citizens by some police officers. Baltimore, as has been widely reported, has paid out millions of dollars in settlements due to the wrongful use of force by police against citizens. As folks on the right love to say, not all police officers are bad and there are excellent officers. However, even a cursory examination of the problems with policing in American cities shows that Locke’s definition of tyranny is routinely met. As such, it is evident that the rule of law was already broken well before the riots. And is being shattered in 2025.
While Locke did not use this phrase, the rule of law is a two-way street and those who are charged with enforcing the law must also obey that law, otherwise it would be unreasonable to expect obedience from the citizens. As such, the most obvious step to restoring rule of law is to ensure that those charged with enforcing the laws are also following the laws. This was true in 2015 and is still true today.