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郭国汀律师专栏
·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
·联合国囚犯最低标准待遇规则
·联合国囚犯待遇基本原则(1990年)
·联合国保护所有被以任何形式拘禁或关押人员的主要原则(1988)
·结社自由和组织权利保护公约
·联合国反腐败公约
·联合国发展权利宣言
·促进和保护普遍公认的人权和基本自由的权利和义务宣言
·中国已签国际人权公约联合国人员和有关人权安全公约
·联合国律师职责的基本原则
·联合国司法独立的基本原则(1985年)
·联合国检察官的职责准则
·世界人权公约英文版Universal Declaration of Human Rights
·犯罪及权力滥用受害者恢复正义基本原则
·国际刑事法院规约(1998)
·国际刑事法庭(芦旺达)程序与证据规则(1995)
·国际刑事法庭(芦旺达)规约
·起诉严重侵犯国际人道法责任人的国际(前南斯拉夫)法庭规约(1991)
·消除一切形式歧视妇女的国际公约1981
·国际人权法律资料 取缔教育歧视公约
·关于就业及职业歧视的公约
·消除一切形式歧视妇女的国际公约选择性议定书2000
·联合国防止和惩罚种族灭绝罪的公约(1951)
·联合国有关难民身份的国际公约1954
·儿童权利国际公约1990
·起诉和惩罚欧洲轴心国主要战争罪犯的国际军事法庭协议(纽伦堡宪章)
***区域性国际人权法律文件
·1996年欧洲反破坏性异端决议及其邪教定义
·非洲人权和人民权利公约(1981)
·美洲人的权利与义务宣言(1948)
·美洲人权公约(1969)
·美洲防止和禁罚酷刑的公约
·防止酷刑和其他残忍不人道或有辱人格待遇或处罚的欧洲公约1989
·欧洲保护人权和基本自由公约(1950)
·欧洲社会宪章1961
·建设新欧洲的巴黎宪章1990
(B)***美国人权法律文件
·美国1620年“五月花号”公约(The Mayflower Compact)
·美国1786年弗吉尼亚宗教自由法令
·美国1776年弗吉尼亚权利法案
·美国1862年解放黑奴宣言
·美国1777年邦联条款
·美国1776年维吉尼亚权利法案
(C)***英国人权法律文件
·英国1998年人权法案
·英国1676年人身保护令
·英国1689年权利法案
·英国1628年权利请愿书
·英国1215年自由大宪章
***(52)郭国汀论法官与律师
·悼念前最高法院大法官冯立奇教授逝世四周年
·法官律师与政党 郭国汀
·尊敬的法官大人你值得尊敬吗?!
·郭国汀与中国律师网友论法官
·法官的良心与良知/南郭
·法官!这是我法律生涯的终极目标! 郭国汀
·律师与法官之间究竟应如何摆正关系?
·从 “中国律师人”说开去
·唯有科班出身者才能当律师?!答王靓华高论/南郭
·律师的责任——再答李洪东/南郭
·中国律师朋友们幸福不会从天降!/南郭
·我为北京16位律师喝彩!郭国汀
·郭国汀律师与网上警官的交锋
·我是中国律师我怕谁?!
·郭国汀 好律师与称职的律师
·温柔抗议对郭律师的ID第二次查封
·第五次强烈抗议中国律师网无理非法封杀郭律师的IP
·中国律师网为何封杀中国律师?
·中律网封杀删除最受网友们欢迎的郭国汀律师
·最受欢迎的写手却被中共彻底封杀
·我为何暂时告别中国律师网?
·南郭:律师的文学功底
·中国最需要什么样的律师?
·勇敢地参政议政吧!中国律师们!
·将律师协会办成真正的民间自治组织
·强烈挽留郭国汀律师/小C
·the open letter to Mr.Hu Jintao from Lawyers' Rights Watch Canada for Gao Zhisheng
·自宫与被阉割的中国律师网 /南郭
·做律师首先应当做个堂堂正正的人——南郭与王靓华的论战/南郭
·呵!吉大,我心中永远的痛!
·再答小C君/南郭
·凡跟郭国汀贴者一律入选黑名单!
·历史不容患改!历史专家不敢当,吾喜读中国历史是实
·思想自由的益处答迷风先生
·答迷风先生
·答经纬仪之民族败类之指责,汝不妨教教吾辈汝之哲学呀?
·南郭曾是"天才"但一夜之间被厄杀成蠢才,如今不过是个笨蛋耳!
·答时代精英,
·长歌独行至郭国汀律师公开函
***(53)大学生\知识分子与爱国愤青研究
·春寒料峭,公民兀立(南郭强烈推荐大中学生及留学生和所有关心中国前途的国人精读)
·大中学生及留学生必读:胡锦涛崇尚的古巴政治是什么玩意?!
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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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