Monopoly on the legitimate use of force

The monopoly of the legitimate use of physical force, also known as the monopoly on violence (German: Gewaltmonopol des Staates), is a core concept of modern public law, which goes back to Jean Bodin's 1576 work Les Six livres de la République and Thomas Hobbes' 1651 book Leviathan. As the defining conception of the state, it was first described in sociology by Max Weber in his essay Politics as a Vocation (1919). Weber claims that the state is the "only human Gemeinschaft which lays claim to the monopoly on the legitimated use of physical force. However, this monopoly is limited to a certain geographical area, and in fact this limitation to a particular area is one of the things that defines a state." In other words, Weber describes the state as any organization that succeeds in holding the exclusive right to use, threaten, or authorize physical force against residents of its territory. Such a monopoly, according to Weber, must occur via a process of legitimation.

Max Weber wrote in Politics as a Vocation that a fundamental characteristic of statehood is the claim of such a monopoly, His expanded definition was that something is "a 'state' if and insofar as its administrative staff successfully upholds a claim on the 'monopoly of the legitimate use of physical force' (German: das Monopol legitimen physischen Zwanges) in the enforcement of its order." Weber's concept has been formalized to show that the exclusive policing power of the state benefits social welfare via private property, provided the state acts benevolently in the interest of its citizens.

According to Weber, the state is that "human community that (successfully) claims the monopoly of the legitimate use of violence within a given territory." The public police and military are its main instruments, but private security might also be considered to have "the 'right' to use violence" so long as the sole source of this perceived right is state sanction. Weber applied several caveats to his discussion of the state's monopoly of violence:

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