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·答小溪先生质疑
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·伟大的中国文化复兴宣言 郭国汀
·关于宣讲人权公约基金申请推荐函
·必须立即终止反动透顶的行政官员任命制
·自由中国论坛的不锈钢老鼠到底是什么角色?
·关注李宇宙的命运
***(43)中国民主运动的思想、理论与实践
·中国争人权言论表达自由权的先驱者与英雄名录
·民主革命论 陈泱潮
·《特权论的》精髓——对共产专制特权制度的深刻致命批判
·特权论的精髓——对共产专制特权制度的深刻致命批判 郭国汀
·枭雄黑道乱世的一百年!郭国汀
·论无产阶级民主制度下的两党制
·陈泱潮评胡锦涛
·陈泱潮论江泽民
·我为什么特别推崇陈泱潮先生的思想理论?
·天才论/郭国汀
·彻底揭露批判中共极权专制流氓暴政本质的奇书
·极权专制暴政的根源/郭国汀
·共产极权专制暴政的典型特征——简评陈泱潮的《特权论》
·论共产极权专制政权的本质——三评陈泱潮天才著作《特权论》
·何谓“无产阶级专政”
·陈泱潮论马克思主义的无产阶级专政 郭国汀
·论初级无产阶级专政 /新南郭点评
·论高级无产阶级专政 郭国汀
·中国何往?——政治思想论战书 /新南郭
·陈泱潮论改良主义/郭国汀
·文化大革命是中国民主革命的序幕 郭国汀
·陈泱潮妙评邓小平的“瞎猫屠夫理论” 郭国汀
·陈泱潮精评毛泽东 郭国汀
·论共产党官僚垄断特权阶级 郭国汀
·共产党官员为什么普遍腐化堕落?郭国汀
·“三个代表”是个什么玩意? 郭国汀
·对抗性的社会基本矛盾 郭国汀
·为何中共官员多具有奴隶主和奴仆的双重人格? 郭国汀
·共产专制特权等级制 郭国汀
·人民“公仆”是如何变成骑在人民头上作威作福的老爷的? 郭国汀
·神化首要分子神化党与邪教 郭国汀
·宗教政治与人权灵本主义 郭国汀
·陈尔晋论今日中国社会主要矛盾及前途与命运
·陈泱潮先生在当代中国思想史上的地位 作者:曾节明
***(44)反中共极权专制暴政争自由宪政人权民主绝食抗暴民权运动
·南郭致涵习近平先生
·郭律师致高智晟女儿格格的公开信
·福布斯报导高智晟失踪事件
·胡锦涛必须对高智晟受酷刑负直接罪责!
·郭国汀 高智晟律师为何不发声?
·我眼中的高智晟
·郭国汀 从我的经历看中共当局诽谤高智晟的下流
·所谓高智晟公开声明及悔罪书肯定是伪造的
·真正的中国人的伟大怒吼!
·加拿大著名人权律师安世立支持声援全球绝食抗暴的声明
·闻律师英雄高智晟再遇车祸有感 郭国汀
·呼吁全球万人同步大绝食宣言
·全球接力绝食抗暴运动的伟大意义 郭国汀
·郭国汀声援和平抗暴 呼吁抛弃中共
·中国律师界应全力声援高智晟
·专家剖析高智晟煽动颠覆国家政权案
·抓捕关押高智晟的整个过程都是违法的/郭国汀
·中共迫害高智晟亲人丧心病狂,中共党魁胡锦涛难辞其咎
·绝食维权抗暴日记
·郭国汀 漠视大陆维权是一种自杀行为
·英雄伟人与超人高智晟
·告全体中国律师及法律人书----闻高智晟被秘密绑架感言
·郭国汀: 高智晟遭秘密绑架可能成为中共灭亡的导火索
·给真正的中国女人的公开信
·郭国汀:驳刘荻的非理性投射说
·决不与中共专制暴政同流合污--------第29个全球接力绝食抗暴日记 郭国汀
·一部见证当代中国社会现实的伟大纪实作品--序高智晟《中国民间企业维权第一案》
·郭国汀呼吁国际重视高智晟妻儿的遭遇
·将接力绝食抗暴运动进行至最后胜利
·我为中华律师英雄杨在新喝彩 郭国汀
·郭国汀向老戚致敬
·万众一心,众志成城——全球万人同步绝食抗暴日记 郭国汀
·责令中共当局立即无条件释放兰州大学学生刘西峰!郭国汀
·加拿大著名人权律师ANSLEY支持声援全球绝食抗暴运动的声明
·郭国汀:中国律师应当向高智晟,浦志强律师学习!
***(45)人权研究
***中国人权律师基金会
·郭国汀推荐黄金秋竞选[第三届中国自由文化运动政论奖]推荐函
·郭国汀提名陈泱潮为2009中国自由文化奖之文化成就奖获奖候选人
·郭国汀提名张博树为2009中国自由文化奖之法学奖获奖候选人
·推荐郭国汀先生参选2009年台湾民主人权奖书
·letter of recommendation of Guoting for 2008 Asia Democracy and Human Rights Award
·提名郭國汀律師作為[第三屆亞洲民主與人權獎]候選人的推薦函
·支持郭国汀律师负责组建中国人权律师基金会
·第二届《中国自由文化奖》评奖程序的修改建议
·郭国汀提名张鉴康律师作为第二届自由文化奖之人权奖候选人
·关于提名陈泱潮竞选[中国自由文化运动文化成就奖]推荐函
·推荐郭国汀先生参选第三届「亞洲民主人權獎」推荐书
·Letter of recommendation of Guoting Guo for 2008 The Third Asian Democracy and Human Rights Award
***(46)关注西藏新疆少数民族人权
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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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