Under capitalism the government is banned from initiating force.
As no individual in his private capacity, as a citizen, may initiate force against others, neither may the individual in his public capacity as a state official start force either, since all powers of government are delegated to it by the people.
Force may only be morally used in retaliation or to defend against those who start the use of force.
A proper government is permitted to use force to retaliate against a thief who has initiated force against someone (by robbing them). A proper government is not permitted to copy the means of private criminals by initiating force against its citizens, no matter how “noble” the alleged goal.
Citizens may not delegate the right to initiate force to the government, as they do not possess the right to start force to beginwith, i.e., the right to violate rights. As Ayn Rand has commented, “there is no such thing as the right to enslave.”
Since govenrment has the legal monopoly on the power to use force, the government must be regulated in its use, so the rights of the individual are protected. It is the purpose of an objective legal system to codify and regulate the permittable uses and conditions wherein government may use force. In doing so, an objective legal system submits might to right.