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郭国汀律师专栏
·人民公社万岁?!--《辉煌的幻灭》读后感
·如何成为一名伟大的,优秀的法律人?网友评论
·如何成为一名对社会有用的人
·谁杀死了中国伟大的诗人杨春光?
·忆对我前半生影响至深的三位老师
·A Letter to a Chinese
·不敢讲真话的民族注定是受奴役遭天谴的软骨头的劣等种族
·This is no time to kowtow to China
·南郭初步定论宣昶玮
·自封上帝皇帝圣人者:狂妄无知之徒?!
·南郭点评宣昶玮自封紫薇圣人
·南郭点评张千帆教授论宪政
·愤怒出诗人,悲愤出伟诗
***(55)郭国汀律师专访
·世纪回眸(69)-专访郭国汀之一
·世纪回眸(70)-专访郭国汀律师之二
·郭国汀谈郭飞雄、力虹、陈树庆遭被捕
·法律人的历史使命---答《北大法律人》主编采访录
·郭国汀律师答亚洲周刊纪硕鸣采访实录
·希望之声专访:声援高智晟同时也是在为自己
·胡平章天亮郭国汀谈中华文化与道德重建
·希望之声专访郭国汀 中共是最大的犯罪利益集团
·中共已是末日黄昏----郭国汀声援杨在新律师
·希望之声专访郭国汀用法律手段揪出幕后凶手
·【专访】郭国汀从海事律师到人权律师的转变
·专访郭国汀:为女儿打破沉默
·郭国汀谴责中共对他全家迫害恐吓
·郭国汀律师谈中国司法现状
·人权律师郭国汀在加拿大谈六四
·加拿大华人举办烛光悼念纪念六四-著名人权律师郭国汀称退党运动具有重大意义 
·采访郭国汀律师:被逼离婚 战斗到底
·华盛顿邮报报导高智晟律师事件
·[专访]郭国汀律师:从刘金宝案谈开去
·希望之声专访郭国汀和盛雪
·大纪元专访郭国汀 中共垮台是必然的
·郭国汀谈高智晟律师的公开信
·中共的末日只是时间迟早的问题
·中华文化与道德重建
·【专访】郑恩宠律师郭国汀谈郑案内情
·【专访】辩护律师郭国汀谈清水君案
·郭国汀指雅虎遵守当地法律说无法律根据
·郭国汀触怒司法当局:中国律师维护社会正义风险大
·US lawmakers ask Beijing to reinstate law firm of rights activist
***国际透视
·北朝鲜疯狂发展核武器为哪般?
·中国强劳产品出口的罪孽
·郭国汀 中国人民的真正朋友加拿大总理斯蒂芬 哈柏
·只有抛弃马列毛实现法治自由民主21世纪才有可能属于中国
·华盛顿邮报详细报导陈光诚案判决情况
·中国是国际网络表达自由的头号敌人
·华盛顿邮报陈光诚案庭审报导Chinese Rights Activist Stands Trial After Police Detain Defense Team
·新闻检查最严厉的十个国家胡锦涛称要向北朝鲜和古巴学习政治!
·国际人权观察就赵长青狱中受虐致胡温公开函
·中国驻美使馆拒收立即释放师涛的国际呼吁书
·国际保护记者委员会哀悼吴湘湖记者
·BBC 英语新闻报导《冰点》被封事件
·国际保护记者委员会关注声援杨天水
·国际保护记者委员会谴责中共迫害记者李长青
·国际保护记者委员会呼吁立即无条件释放杨天水
·CPJ URGER MR.HU RELEASE JOURNALISTS IN CHINA
·Overcoming Violence Abroad and at Home
·Lawyers Sentence Tests IOCs Ability to Enforce Olympic Promises
·Free China Rally in Canberra,
·Open Letter to President Hu Jintao and Prime Minister Wen Jiabao from the Coalition to Investigate the Persecution of Falun Gong in China (CIPFG)
·非洲的复兴(African Renaissance)
***(56)大学日记
·错误是我犯的,但数十年后亲自纠错我还不伟大吗?!
·郭国汀 “只有社会主义才能救中国”质疑
·国家是民族矛盾不可调和的产物而非阶级斗争的产物/郭国汀
·阶级斗争的思考/郭国汀
·论干部制度/郭国汀
·无产阶级领袖有感/郭国汀
·学习与开放/郭国汀
·如何理解劳动?──有感于中国1956─1959年之“三大改造/郭国汀”
·时空畅想/郭国汀
·文革教训原因考/郭国汀
·对物质的思考/郭国汀
·精神文明与物质文明/郭国汀
·内因与外因关系的沉思
·外因是决定事物运动变化发展的根本原因
·开放党禁与多党联合政治
·论质、量互变关系
·如何理解劳动?——有感于中国1956—1959年之“三大改造”
·人类与自然环境
·共产主义是违背自然规律的妄想
***(57)网友评价评论与批评郭国汀
·一代大师
·良好的名誉是人们在任何时代任何社会安身立命之本
·各界人士对郭国汀律师高度评价
·浦志强、张思之大律师评价郭国汀
·清水君(黄金秋):我要特别感谢郭国汀大律师
·上海美女评价郭国汀律师
·欧阳小戎忆郭国汀律师
·不要迫害中国的脊梁 ──郭国汀
·良心律师,人权大侠!
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法治的精神

法治的精神
   
   南郭点评:“美国革命”其实并非共产党主张的那种所谓革命,而是属于几无破坏性,富有建设性的社会政治经济制度的进化。法国思想家芦棱的著作在美国人几乎无人问津,美国独立战争期间对美国人影响最大的乃是Sidney, Harrington and Locke等人的著作。美国人实质上是在英国社会政治经济体制基础上,坚持法治反对专断与尊重个人权利,强调保障人权,不断进行政治改良进化发展而成为今日自由宪政民主国家。法治精神是对抗专制暴政的最有力的武器之一。
   
   

   
    Rule of law not revolution
   
   By Robert N. Wilkin [1]
   
   
   
   
   
    “ When we proclaim that we are revolutionaries and boast of our revolutionary spirit, the author states, we play into the hands of the communists and add to the confusion of their Marxian dialectic and "upside-down language". There is error and confusion in the word "revolution"; history, semantics, logic and clear thinking suggest the use of some other word to characterize our country's purpose today.”[2]
   
   
   
    THE BOLSHEVIK dictatorship is vigorously conducting a world revolution against all traditional forms of government and standards of politics, morality, religion and culture. When we proclaim that we are revolutionaries and boast of our revolutionary spirit we play into the hands of the Bolsheviks and add to the confusion of their Marxian dialectic and "upside- down language". Their revolution is wholly destructive and offers nothing to replace what they seek to destroy.What we are championing and defending is freedom under law, not dictatorship. The history and spirit of our institutions are constructive, not destructive.
   
   
   
    Newspapers reported that President Kennedy, before he left for his meeting with Soviet Premier Khrushchev, said: "I go to Vienna as the leader of the greatest revolutionary country on earth. Our knees do not tremble at the word 'revolution'. We believe in it." And William 0. Douglas, Associate Justice of the Supreme Court of the United States, wrote an article entitled. "The U. S. and the Revolutionary Spirit", published in Saturday Review, June 10, 1961, the first sentence of which was, "We Americans were born in revolution." The editorial statement at the beginning of the article said, "The United States has traditionally gloried in its revolutionary heritage."
   
   
   
    At once it must be clearly and emphatically stated that the President, the Justice and the editors were not intentionally favoring or supporting the communist revolution. The purpose of their statements was to convey our traditional sympathy for all oppressed peoples who struggle against tyranny and despotism. Loyal Americans would agree with the substance of their remarks. It is the purpose of this discussion merely to point out the error and confusion in the word "revolution". history, semantics, logic and clear thinking suggest the use of some term other than "revolution" to characterize our purpose today.
   
   
   
    War of Independence Was Not a Revolution
   
   
   
    Historians and political scientists of highest authority have explained repeatedly that our War for Independence was not a revolution but a continuance of the evolution of human rights that had been progressing for centuries in England. Historians have referred to England as a nation "marked by a sturdy sense of right". That sense of right and respect for law have marked the Anglo-Saxon race generally. It was owing to their inherited devotion to such principles that the American colonies separated themselves from the British Empire. The establishment of an independent nation in America was not a revolution in the Marxist sense, but a continued assertion of the convictions that had asserted themselves successfully in England. It is that same devotion to law against arbitrary will that continues to unite English-speaking people in the defense of human rights against the forms of absolutism which threaten them today.
   
   
   
    John Fiske, in The Critical Period of American History, in discussing the reforms of Colonial governments prior to the War of Independence, said, "except for expulsion of the royal and proprietary governors, the work had in no instance been revolutionary in its character". He said further:
   
   
   
    It was not so much that the American people gained an increase of freedom by their separation from England, as that they kept the freedom they had always enjoyed, that freedom which was the inalienable birthright of Englishmen, but which George III had foolishly sought to impair. The American Revolution was therefore in no respect destructive. It was the most conservative revolution known to history, thoroughly English in conception from beginning to end. It had no likeness whatever to the terrible popular convulsion which soon after took place in France. The mischievous doctrines of Rousseau had found few readers and fewer admirers among the Americans. The principles upon which their revolution was conducted were those of Sidney, Harrington and Locke. In remodelling the state governments, as in planning the union of the states, the precedents followed and the principles applied were almost purely English.
   
   
   
    The colonies, having been founded largely by men opposed to the imperious will of the King, continued their struggle for rights of Englishmen. The opposition in England to taxes imposed by the King became in America opposition to "taxation without representation". The sentiment in England against the despotic orders of the Star Chainher and High Commission was reasserted in the colonial Resolves "that all trials for any crime whatsoever should be within the Colony by known course of law". The arbitrary orders of the King in the colonies became an issue on both sides of the ocean. That the colonists were continuing the struggle for the supremacy of law is shown by the fact that they were championed on both sides of the Atlantic by the ablest lawyers. The rights of the colonists were defended in England by Sir Robert Walpole, Edmund Burke, William Pitt, Charles James Fox and others. In America the opposition was led by men who personified the spirit of the common law. They based their claims and arguments on the teachings of Coke, who had based his arguments against arbitrary usurpation of power on the teachings of Bracton. They insisted that the arbitrary acts of the Crown were against the Constitution of England and therefore void.
   
   
   
    Word "Revolution" Is Harmful to Us
   
   
   
    When the King sent his soldiers to enforce his orders, the colonists took up arms against them. Those who bear arms in defense of lawful order are not revolutionaries. It is true that the efforts of the colonies for independence became known generally as the American Revolution. Justice Douglas regrets that after World War II "we lost our pride in 'revolution' as an American concept". We should regret, however, that that word was ever accepted as an American concept. It was not so harmful formerly, but today it puts us in a class with the Marxists.
   
   
   
    The President, in connection with his statements quoted above, said, "We believe in the progress of mankind-we believe in freedom." That belief is sustained by "government not of men, but of law". Justice Douglas stated that Australia, New Zealand and North America, during this century, have not been interested in revolution for themselves, "because their institutions usually had built-in procedures for change". A felicitous phrase to distinguish rule of law from despotic rule!
   
   
   
    He stated also that under Gandhi "India experienced an awakening that generated more power than tanks and artillery". India gained its independence without a revolution, and India retained Anglo-American jurisprudence as the law of the land. Its courts cite the decisions of English and American courts as authority for their decisions.
   
   
   
    Justice Douglas concedes that "We, as democrats, cannot become subversive in the communist style and form undergrounds within each nation, undergrounds bent on overthrow by force and violence." We therefore should not identify and degrade our cause by use of the word "revolution". We should not glamorize a word which Marxism has distorted in world opinion.

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