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郭国汀律师专栏
·论冯正虎精神
·简评刘晓波煽动颠覆国家政权案一审辩护词
·郭泉博士其人其事以及颠覆国家政权案抗辩要点
·论刘晓波与郭泉案的辩护
·郭国汀评论第四十七集胡锦涛向朝鲜学习什么政治?!
·郭国汀评论第四十八集 胡锦锦向古巴学习什么样的政治?
·郭国汀评论第四十九集共产党政权全部是流氓暴政:越南及老挝共产党政权的罪孽
·郭国汀评论第五十集共产党没有一个好东西 秘鲁共产党的罪恶
·郭国汀评论第五十一集尼加拉瓜共产党政权的罪恶
·郭国汀评论第五十二集:共产党政权纯属流氓政权:安哥拉和莫桑比克共产党政权的罪恶
·郭國汀評論第五十三集埃塞俄比亞共產黨政權的罪孽
·郭國汀評論第五十四集阿富漢共產黨暴政的罪孽
·郭國汀評論第五十五集虐殺成性的柬埔寨共產黨極權暴政罪孽
·郭國汀評論第五十六集波蘭共產黨極權暴政的罪惡
·郭国汀评论第五十七集:东欧共产党政权的罪孽
·郭国汀评论第五十八集:人民為敵的蘇聯共產黨暴政的罪孽(一)
·郭国汀评论第六十二集:与人民为敌的苏联共产党暴政的罪孽
·郭国汀评论第六十三集:与人民为敌的苏联共产党暴政的罪孽
·郭国汀评论第六十四集:与人民为敌的苏联共产党暴政的罪孽
·郭国汀评论第六十五集:与人民为敌的苏联共产党暴政的滔天大罪
***(20)《陈泱潮文集选读》陈泱潮著/郭国汀编校
·大器晚成——《陈泱潮文集选读》序
·《造化故事》陈泱潮文选第一集
·铁幕惊雷《特权论》陈泱潮文选第二集
·《偃武修文重新建国纲领》陈泱潮文选第三集
·《时政评论》陈泱潮文选第四集
·《天命前定》陈泱潮文选第五集
·《上帝之道》陈泱潮文选第六集
***(21)《国际互联网自由》郭国汀译
·互联网自由至关重要:中国屈居全球互联网最不自由国家亚军
·互联网自由度的测定方法
·自由之家2008年中国互联网自由检测报告:不自由
·互联网自由日益增长的各种威胁
·国际互联网自由调查团队
·国际互联网自由评价词汇表
·国际互联网自由评价表格和图示
·国际互联网自由评价目录
·古巴互联网自由评价
·伊朗互联网自由评价
·突尼斯互联网自由评价
·俄国互联网自由评价
·马来西亚互联网自由评价
·土耳其互联网自由评定
·肯尼亚互联网自由评价
·埃及互联网自由评价
·印度互联网自由评价
·乔治亚互联网自由评价
·南非互联网自由评价
·巴西互联网自由评价
·英国互联网自由评定
·全球最自由的爱莎尼亚互联网自由评价
***(22)《仗剑走天涯》郭国汀著
·我的真实心声
·面对十八层地狱,我的真情告白 /南郭 网友评论
·《仗剑微言—我的四十自述>
·相信生命—郭国汀律师印象
·赵国君 做一名人权律师——访郭国汀律师
·申请任专兼职教授与评审一级律师的故事
·志当存高远-我的理想与追求/南郭
·我的知识结构与思想/南郭
·汝凭什么任教授?!/郭国汀
·我们决不再沉默! 郭国汀
·郭国汀:正义者永不孤单
·虽千万人,吾往矣!
·法律人的历史使命---郭国汀答《北大法律人》主编采访录
·法律人的历史使命 网友评论
·如何成为一名伟大的,优秀的法律人?
·如何成为一名伟大的律师?网友评论
·为当代中国人的幸福而努力奋斗
·我的告别书—再见中国律师网
·勇敢地参政议政吧 中国律师!
***(23)《郭国汀自传》郭国汀著
·《郭国汀自传》第一章:阴错际差(1)
·《郭国汀自传》第二章:灭顶之灾
·《郭国汀自传》第三章:奋力拚搏
·《郭国汀自传》第四章:东山再起
·《郭国汀自传》第五章:山重水复
·《郭国汀自传》第六章:永恒的中国心
·郭国汀致海内外全体中国网民的公开函
·极好之网站-天易综合网
·天易论坛宣言—天道至大,易道天成
·南郭不与匿名者论战的声明
·请广西网友立即转告陈西上诉
·就朱镕基与法轮功答疑似五毛党徒古镜质疑
·马克思最大的缺陷之一是其根本不了解人的本性
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人民反抗暴政的革命权利

Locke’sidea of the People’s right of Revolution

   

   Guoting Guo

   

   

   “The power that every individual gave thesociety, when he entered into it, can never revert to the individuals again, aslong as the society lasts, but will always remain in the community; becausewithout this there can be no community, no commonwealth, which is contrary tothe original agreement… but if they have set limits to the duration of theirlegislative, and made this supreme power in any person, or assembly, onlytempor\ary; or else, when by the miscarriages of those in authority, it isforfeited; upon the forfeiture, or at the determination of the time set, itreverts to the society, and the people have a right to act as supreme, andcontinue the legislative in themselves; or erect a new form, or under the oldform place it in new hands, as they think good.”[1]Lockeasserted.

   

   In this conclusion Locke involves someimportant political philosophy idea: origin compact are among all member of acommunity not between the ruler and the people; this contract has specialcharacter which cannot change arbitrary, and sovereignty of the commonwealthcome from the consent of the people. The supreme power is the legislative whichis the trustee only and people as sovereignty has right to forfeit it and hasthe right of revolution against tyranny. In fact, Locke’s theory justifies theBritish Revolution in1688 and has significant influence on the AmericanRevolution in 1776 and numberless revolutions in the world. In my short essay, Iwould like focus on Locke’s idea of thepeople’s right of revolution against Prince or government.

   

   Aristotle according to the number ofrulers divide the governments into three categories: rule by one, Monarchy(Tyranny); by few, Aristocracy (Oligarchy); and by many, Polity(Democracy);Until middle age and before modern time, Christian political thinkers claimedthat all states power come from divined God; even at earlier modern time, Hobbesstill announced the sovereignty of state belong to the absolute Monarchy, forhe believes that even tyranny are better than the state of nature which hedescribed as “the war of all against all”. However, Locke’s political idea isrevolutionary, he asserted that the legislative is the supreme power in anysociety and the people remain the supreme power to remove or alter thelegislative, when they find thelegislative act contrary to the trust reposed in them[2],and all other powers in the society derived from and subordinate to it.[3] Accordingto Locke, the end of men enter intosociety is for enjoyment of their properties in peace and safety, and the fundamental positive law of all society isthe establishing of the legislative power, which is not only the supreme power,but sacred and unalterable; [4] Sincethe members of legislative are elected by people periodically, and the peopleauthorize the legislative to make laws and set rules as guards and fences tothe properties of all the members or the society,[5]asa logical result, people are thesovereignty of the state, and the People’s Sovereignty in fact justify theright of revolution of the people.

   

   Locke assumes thatmen by nature are all free, equal and independent, without hisconsent, no one can be put out of this estate, nor subjected to the politicalpower of another.[6]So people’s consent actually becomes the root of all political power. Forenjoyment of lives, liberty and estate peace and security and avoid the stateof war, mankind quit their natural power, resign it to the public which canpunish the offences,[7]consentto constitute Political Society, that is, freemen consent of unite andincorporate into a society[8]. In such society must be have adecisive power, an authority and a standing rule and common judge to appeal toresolve the controversies and disputes among people.[9]Thusexcludes all private judgement, the legislators make laws, Umpire settlestanding rules, official apply and execute those rules equally to all member ofthe society, and common judges decidesall disputes happen between any members of that society and punishes thoseoffence.[10]

   

   Locke proposed that the end ofgovernment is good of mankind, and the end of political power is to preserve citizen’slives, liberties and fortune; He defined political power as: a right of mankindto make laws with penalties of death, and all less penalties, regulate and preservethe property, employ the force of the community, execute laws, defence thecommonwealth from foreign injury, for the public good.[11] Heassumes that the power origin from the compact and mutual consent of those whomake up the community.[12] Thus,political power should be limited and not an absolute or arbitrary.

   

   Since people have the sovereignty ofState, and the government is limited, whenever a Prince or legislative orgovernment breach the trust and abuse the power to invade the property,threaten the lives or deprive the liberty of the people, or simply as a tyrant, as a result will bring the situationeven worse than the state of nature and introduce to the state of war among thepeople, in such cases, People have the Right of Revolution which isinalienable.

   

   

   Althoughsuggested that individual can never revert the power which has given tocommunity after they enter into commonwealth, Locke firmly asserts the people’sright of revolution. However to execute such right must be very careful andonly under strict condition, if the government act within its legal power and didnot invade the fundamental right of the people, no right to revolution.

   Locke urged that “Anyone who by force invadesthe rights of people or prince, and lays the foundation for overturning theconstitution and frame of any just government is guilty of the greatest crime;they should be esteemed the common enemy and pest of mankind.”[13] Lockeinsists that in some situation, people have an inalienable right of revolutionagainst authority.

   

   

   Since the fundamental end ofgovernment is protect the lives, liberty and estate of the people, and thereason why mankind voluntary agree to give up their natural power enter into acommunity is for enjoyment of their property peace and security, therefore whenhappen following cases, which constitute fundamental breach of contract, thepeople have either the right of dissolve the legislative or the right of revolutionto overturn the government:

   

   When the legislative acts against thetrust by endeavour to invade the property of the people;

   

   When legislative make themselves mastersor arbitrary disposers of the lives, liberties, or fortunes of the people;

   

   Wherever the legislators endeavour totake away and destroy the property of the people; “where the laws cannot beexecuted, it is all one as if there were no laws”[14].

   

   Whenever the legislators or Prince reducepeople to slavery under arbitrary power,

   

   Whenever the legislative transgress thisfundamental rule of society; endeavour to grasp themselves, or put into thehands of any other absolute power over the lives, liberties, and estates of thepeople;

   

   When the legislative (or the Prince) actcontrary to their trust, the government are dissolved,[15]andwhenever the government disappear the society may be return to state of nature.According to Locke, Want of a commonjudge with authority, puts all men in a state of nature, the state of nature isa state of perfect freedom to order actions, dispose possessions within the bounds of the law of nature; Also a stateof equality, all the power and jurisdiction is reciprocal, all the sameadvantages of nature, use of the same faculties, equal one amongst anotherwithout subordination or subjection.[16]Ina state of nature, one man comes by a power over another, every man has a rightto punish the offender, has a power to kill a murderer,[17]andhas the executive power of the law of nature[18].

   

   If above situation occurs, either thelegislative changed or the legislators act contrary to the end for which theywere constituted; those who are guilty are guilty of rebellion.[19]Because by breach of the trust, Prince and legislative forfeit the power, “whenthe legislative is broken or dissolved, dissolution and death follows,” for“the constitution of the legislative is the first and fundamental act ofsociety,”[20]Locke explained. They put themselves into a state of war with the people, whoare thereupon absolved from any farther obedience, and are left to commonrefuge against force and violence. The people have a right to resume theiroriginal liberty, by establishment of a new legislative provide for their ownsafety and security[21],or overthrow the government to constitute a new one.

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