Comment by OgsyedIE

The reason that the abolition of an arbitrary and cruel legal system was sought in the enlightenment was because although it often had a monopoly on legitimate usage, the state did not have supreme military power over the public (who were widely opposed to both the perceived disproportion of punishments and the rate of false positives).

If either side of any struggle acquires supreme force, the other side suffers without limit or recourse.