In response to ETA's 1997 kidnappings and murders thousands of
Spaniards attended mass demonstrations to express their contempt
for violence as a means of political pressure. The demand that
public authorities prosecute and condemn those who directly or
indirectly support ETA and its terrorist attacks was one of the
most prevalent slogans in the marches. Indeed, the social response
was aimed not only against the terrorist group, but also against
Herri Batasuna (HB), the political party that openly endorse ETA's
armed actions in the Basque Country. From the legal point of view,
it is interesting to examine what it is citizens are requesting
from the government in the above-mentioned case. How do these
collective claims translate into legal language? One may think it
fit to answer that Spanish citizens want violence to be met with
the institutional punishment prescribed by the legal order.
Nonetheless, it could also be argued that citizens in fact demand
that certain kinds of behaviour be regulated by the law in their
country. While from the latter viewpoint citizens wish for the
creation of new legal norms, from the former they are just calling
for the application of the law. What reasons may render us inclined
to sympathise with one of these two views rather than the other?
Which one of these two options is most appropriate? At first sight,
this may appear to be a simple question.
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