大家
[发表评论] [查看此文评论]    郭国汀律师专栏
[主页]->[大家]->[郭国汀律师专栏]->[论中共专制暴政下的宗教信仰自由(英文)]
郭国汀律师专栏
·强烈谴责中共流氓暴政政治迫害冯正虎先生
·历史耻辱柱上的中国法官
·中国律师受迫害的根源何在?-—声援支持高智晟律师
·良知律师朱久虎被刑拘突显中国司法制度的流氓化/郭国汀
·闻小乔遭警方驱逐毒打有感
·强烈谴责中共专制暴政纵容黑社会暴力侵袭郭飞雄先生的暴行!
·敬请各界朋友们关注声援支持正在为全民族承受无边苦难的英雄郭飞雄
·郭国汀敦促胡锦涛立即无条件释放人权英雄郭飞雄、高智晟的公开函
·强烈谴责上海市当局非法拘禁李剑虹 郭国汀
·专制流氓暴政本质的再暴露——强烈谴责中共流氓黑社会企图暗杀高智晟律师
·严正责令胡锦涛立即无条件释放朱宇飙律师!
·评论严正责令胡锦涛立即无条件释放朱宇飙律师!
·强烈谴责中共专制暴政迫害人权律师杨在新!
·强烈谴责胡氏专制暴政滥施淫威迫害当代中国最高贵的人吕耿松
·中共专制暴政再次公然指鹿为马!——我为陈树庆先生抗辩
·强烈谴责中共流氓专制暴政悍然施暴人权律师李和平!
·谁是精神病?!敬请关注自由思想者贺伟华先生
·郭国汀敬请全球华人关注自由思想者贺伟华
·强烈谴责胡氏专制暴政对中国知识分子的政治迫害!---我为荆楚抗辩
·严正警告胡锦涛:立即无条件释放高智晟律师!
·郭国汀谈胡佳案
·恶法不除,国无宁日/郭国汀
·严正学先生何罪之有!
·中国涉外案件没有一起获得执行 郭国汀
***(50)坎坷人权律师路
·郭国汀致中国律师网全体新老网友的公开函
·成为一名人权律师!---郭国汀律师专访
·令我热泪横流的小诗 郭国汀
·无知缺德者当权必然造成人为灾难--正视科学尊重科学
·我们要说真话-答红旗生的蛋 郭国汀
·出身论,成份论应当休矣!
·民族败类!你是否中国人?
·说句心里话
·孔子当然伟大.郭国汀
·时代不同了! 郭国汀
·可敬的国安公安或网警请自重!
·我们决不再沉默! 郭国汀
·秋池君倡议创立中共中国律师网上支部有感/南郭
·我有罪,我可以再作一次自我辩护吗?
·错兄你该醒醒了!
·给某北大高材生的公开函
·答"语文大师"之指责
·答错别字的终结者/南郭
·吾不同意你的观点,但捍卫阁下的自由表达权。错兄的贴还是应当保留
·答龙吟君/南郭
·答紫兄质疑/南郭
·答醉翁
·答迷风先生/南郭
·驳上海当局特务造谣抵毁郭国汀律师的谎言/南郭
·答紫兄质疑/南郭
·吾不同意你的观点,但坚决捍卫阁下的自由表达权。
·郭国汀:我向错兄致歉--同时为错兄说句公道话
·我的观点与立场--驳非法入侵
·郭国汀 汝吹牛!
·南郭不但会骂人而且必将把“乡愿,德之贼”型的小人骂得狗血喷头!
·纯属多余的担忧
·伟大的中华文明博大精深的中华文化---答孟庆强
·我看郭国汀律师
·剥放屁狗们的皮----公安国安网警与郑恩宠
·亦曰将无同,兼斥郭国汀、刘路之类,并向相关版主求教
·对内直不起腰者别指望其对外挺身而出
·南郭/对周树人的评价吾深以为然
·世上最美丽者莫过于大自然——人的本质、伟大
·令郭国汀律师老泪纵横的真情
·南郭:为当代中国人的幸福而努力奋斗
·心里话三步曲/郭国汀
·致刘路及中律网友们新春祝福/郭国汀
·驳上海当局特务造谣抵毁郭国汀律师的谎言/南郭
·我的声明与立场------南郭与中律网友们的对话
·语言与民族密不可分——奉旨答复小C:/南郭
·致刘路及中律网友们新春祝福/郭国汀
·学习方法与读书计划答小C网警同志/南郭
·英雄伟人与超人/郭国汀
·中共党奴的“学术”
·我倒宁可相信李洪东仅仅是因为无知/南郭
·愿王洪民先生的在天之灵安息!/郭国汀
·堂堂正正做个真正的中国人!/南郭
·中国律师朋友们幸福不会从天降!/北郭
·令我感动的赞美!/南郭
·谢谢网友们关注天易律师事务所的命运
·公开论战化敌为友——新年致词/新南郭
·中国涉外案件没有一起获得执行 郭国汀
·宣战演讲名篇
·中共外逃贪官大多是政治斗争牺牲品问 采访郭国汀
·就宗教论坛封郭国汀笔名事致小溪的公开信
***(51)国际人权法律与实务
(A)***国际人权公约(中英文本)
·国际人权法律资料 世界人权宣言
·国际人权法律资料 公民权利和政治权利国际公约
·国际人权法律资料 法国人权与公民权宣言[人权宣言]
·国际人权法律资料 美国独立宣言
·国际人权法律资料 经济 、社会 、文化权利国际公约
·国际人权法律资料 保护人人不受酷刑和其他残刑和其他残忍不人道或有辱人格待遇或处罚宣言
·禁止酷刑和其他残忍不人道或有辱人格的待遇或处罚公约
·联合国有关健康保健人员尤其是医护人员在保护和防止囚犯和被拘禁人员不受酷刑和其他残忍不人道或有辱人格待遇或处罚的医疗伦理原则(1982)
·国际人权法律资料 囚犯待遇最低限度标准规则
·国际人权法律资料 国际刑事法院罗马规约
·消除基于宗教或信仰原因的一切形式的不容忍和歧视宣言
[列出本栏目所有内容]
欢迎在此做广告
论中共专制暴政下的宗教信仰自由(英文)

Freedom of Religion justified from natural law
   
   By Guoting Guo
   
   Throughout history, governments have attempted to control religious organizations and limited religious freedom. However, over the past two hundred years the world has extended religious liberty. What explains this rise in religious freedom? For all human being has the free will and personal spiritual experience, through study we learn that the first nation come true the religious liberty is United States and their fundamental documents drafter was Thomas Jefferson who was mainly influenced by John Locke's theory of natural law. Therefore, I think the main reason for the freedom of religion has developed in the world is the natural law ideology.

   
    I the right of religious liberty is well build in International law
   
   The right to freedom of religion is one of the oldest human rights recognized internationally. The Peace of Westphalia (1648), which accorded international protection to religious groups. The right of religious liberty added dynamism to the Virginia's Bill of Rights of 1776, the Austrian Act of Religious Tolerance of 1781 and the Virginia Statute of Religious Liberty of 1786.[1]The Universal Declaration of Human Rights by the United Nations (UDHR1948) was a fruit of development, which was followed by a series of human rights conventions supported in varying degrees by all countries.[2] all articles are based and developed from the article 18 of the UDHR of 1948, which states:
   
   "Everyone has the right to freedom of… religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance".
   
   1. Everyone have the right to freedom of religion. This right includes freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief, observance, practice, and teaching.
   2. no one shall be subject to coercion, which would impair his freedom to have or to adopt a religion or belief of his choice.
   3. freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or moral or the fundamental rights and freedoms of others.
   
   Therefore, the principle of Freedom of Religion is welled build in the field of international law; almost in all State's law declare that citizens have the right of religious liberty now. However, in practice, in all totalitarian and dictatorship regimes, no such thing as religious liberty, for these regimes all deny the principle of natural law, deny the natural rights and wherever and whenever deny the principle of natural law and natural rights, where and when the religious liberty could not survive.
   
   
   II. Freedom of Religion and natural law
   
   A. national law theory
   
   What is religion? It is impossible to have a universal accepted definition, for different people have various opinions. A apologist for Christianity, Schleiermacher, defined religion in terms of 'the feeling of absolute dependence upon God'; a philosopher, Whitehead, defined religion as ' what the individual does with his solitariness'; a famous religion scholar, Edward Tyler, defined religion as 'belief in spiritual being'; a another religion scholar, James Frazer ,defined religion as 'a propitiation or conciliation of powers superior to man'; a author, Rudolf Otto defined religion as 'a unique, original feeling response…which claims consideration in its own right'; and the well-known psychologist, Freud even described religion as 'a universal obsessional neurosis'; even Marxism and Fascism have been described as 'quasi-religion'.[3] In my opinion, religion is a faith for where we are from and where we are going.
   
   1. nature and religion
   
   Generally speaking, the religious origin of man's consciousness of right and the legal order was or is affirmed through the intermediary of the natural law. In the rationalistic conception, man's consciousness of right and the legal order is not brought into relationship with God[4]. For primitive man nature had a numinous and sacral meaning, they lived in a society whose norms were dictated by nature and for them nature was never merely 'natural'; it is for them always filled with religious meaning. Nature's life of the primitive man had the numinous and the sacred, he tried to integrate his own life into that of nature, the nature and culture have spontaneously a religious meaning, not only birth and death, sexual relations and sickness, but also work, politics, morality, traffic, science, economy-everything has a religious foundation.[5] Thus, religion was born at very beginning with the human being.
   
   2. God and Natural Law
   
   Hammurabi called himself " King of Justice" because he received the legal order of his kingdom from the hands of Shamash. All Chinese ancient emperors declared themselves as the Son of God. Therefore, entire legal order or at least the authority and the power of the rulers receive an absolute and sacred character if they are seen as directly related to God's will.
   
   Spinoza asserted that the power and force through which everything in nature exists and operates is nothing but the power and force of God. God's power is unlimited and therefore God has a right to everything. Since whatever is in nature exists and operates by virtue of God's power and since God's absolute power is God's absolute right, it follows that the right of whatever is in nature is in direct ratio to the power it has to exist and operate. This right of everything that exists in nature is the natural law, and the natural law extends as far as the power of nature and of everything that exists in nature[6].
   
   3. Reason and the natural law.
   
   The natural law derives from a few very general and self-evident principles. Sometimes they even estimated it as superior and better then positive law because it did not come forth from the will of a lawgiver and therefore was valid for all times and places for all human beings. However someone challenged: How would the discursive reason on its own be able to formulate a system of legal norms which in its completeness and its detailed character can be compared with positive law when the creation of a single role of positive law sometimes demands months and even years of strenuous work? How can reason alones be able to excogitate a system of norms valid for all people at all times and all places when it is certain that no two times, no two places and no two people are alike? How can a system of norms be unchangeable if times, places and people change? In the light of the strenuous work jurists must perform in order to precisely take account of the concrete and change times, places and people, the rationalistic view of the natural law presents itself as an intolerable pretension. The rationalistic view of the natural law has disappeared from the scene.[7] Mans natural rights would be determined by the power of his reason. But man does not live according to his reason; he is driven by passions and desires. Because people let themselves be swayed by their passions and desires, they are naturally one another's enemies.[8]
   
   4. Essence and natural law.
   
   The legal order as a whole must have a foundation that cannot have a purely positive-juridical character. Many philosophers have tried to base the positive legal order on the nature of man. In so far as the legal order is based on man's essence, there will be as many different views about the natural law as there are different anthropologies. Even the rationalistic conception of the natural law is based on a view of man. [9]
   
   B. Natural law
   
   Natural law theory is one of the most important theories in the philosophy of Classical Realism. In order to understand the natural law we need discuss more detail some content of the natural law.
   
   1. the definition of the natural law
   
   Natural law is that "unwritten law" that is more or less the same for everyone everywhere (Aristotle). In an another word, natural law is the concept of a body of moral principles that is common to all humankind and recognizable by human reason. It may be defined as "rules of action prescribed by non-human authority which is superior to the state. These rules variously are derived from divine commandment; from the nature of humankind; from abstract Reason; or from long experience of mankind in community". [10]

[下一页]

©Boxun News Network All Rights Reserved.
所有栏目和文章由作者或专栏管理员整理制作,均不代表博讯立场