Reclaiming the law

Taking the law into our own hands? 

How often have we not been warned against this?

Fundamental to many of our societies and the Rule of Law^[1] within them is that we do not take the law into our own hands; that we allow the formal agencies of the State to take care of justice.  Not just of criminal justice, but also of social and ecological justice. 

But how far must this principle be respected?  If the formal system is not delivering to our reasonable expectations, at what point do we have the right nay the obligation to take the law back into our own hands?  Surely that point is ultimately reached? 

The State derives its mandate and power from us.  It has power and authority because collectively and historically we have agreed to that.  But ultimately the power and responsibility rest with us, the flesh and blood citizens of today.  The State is a mere artifice - an enduring and powerful artifice, but an artifice nevertheless.  The power we have given it, we can also take back, all, or in part. 

The spectre of anarchy and lynch-mob rule is often raised by those wishing to discourage alternatives to formal justice.  Those who do take the law into their own hands are immediately and derisorily labelled as hot headed vigilantes. 

But perhaps the options are not as black and white as that?  Perhaps we can conceive of the formal system being supported rather than undermined by a complementary informal system of justice^[2]?  Perhaps we do need to take back at least some of the power and responsibility we have given the State particularly in those areas where society presumes it to have sole authority?