Right of revolution

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In political philosophy, the right of revolution (or right of rebellion) is a right or duty, variously stated throughout history, of a people to overthrow an oppressive government. It is likely that in the course of history, many individuals partaking in revolutionary activity have independently justified their actions using similar ideas – that an oppressive leader should be overthrown. However, it has been much less frequently adopted as part of an official ideology, likely because of the destabilizing effect such a guarantee would produce.

In modern times, it can be argued that as democratic governments can be overthrown by popular vote, the right of the people to remove the government has become embedded into the political system. However, replacing representatives falls short of changing the actual form of government by altering or rewriting its constitution. The ease of peoples to democratically implement such fundamental changes varies widely across nations and is generally quite onerous, if not impossible, within existing legal and media frameworks. The right to violent revolution is not allowed by almost all governments.

Contents

Origins

The right of revolution was perhaps first articulated as part of an official state philosophy by the Zhou Dynasty (1122 – 256 BC) of China. To justify their overthrown of the earlier Shang Dynasty, the Zhou kings promulgated the concept known as the Mandate of Heaven, that Heaven would bless the authority of a just ruler, but would be displeased and withdraw its mandate from a despotic ruler. The Mandate of Heaven would then transfer to those who would rule best. Chinese historians interpreted a successful revolt as evidence that the Mandate of Heaven had passed on. Throughout Chinese history, rebels who opposed the ruling dynasty made the claim that the Mandate of Heaven had passed, giving them the right to revolt. Ruling dynasties were often uncomfortable with this, and the writings of the Confucian philosopher Mencius (372 – 289 BC) were often suppressed for declaring that the people have the right to overthrow a ruler that did not provide for their needs.

According to scholar Bernard Lewis, the Qur'an and Sunnah have several points to make on governance regarding the right of revolution in Islam:

The Quran, for example, makes it clear that there is a duty of obedience: "Obey God, obey the Prophet, obey those who hold authority over you." And this is elaborated in a number of sayings attributed to Muhammad. But there are also sayings that put strict limits on the duty of obedience. Two dicta attributed to the Prophet and universally accepted as authentic are indicative. One says, "there is no obedience in sin"; in other words, if the ruler orders something contrary to the divine law, not only is there no duty of obedience, but there is a duty of disobedience. This is more than the right of revolution that appears in Western political thought. It is a duty of revolution, or at least of disobedience and opposition to authority. The other pronouncement, "do not obey a creature against his creator," again clearly limits the authority of the ruler, whatever form of ruler that may be. 1

In Europe, the right of revolution may be traced back to the Magna Carta, an English charter issued in 1215, that required the King to renounce certain rights and accept that his will could be bound by the law. It included a "security clause" that gave the right to a committee of barons to overrule the will of the King through force if needed. The Magna Carta directly influenced the development of parliamentary democracy and many constitutional documents, such as the United States Constitution.

The szlachta, nobles of the Polish-Lithuanian Commonwealth, also maintained a right of rebellion, known as rokosz.

Thomas Aquinas wrote of the right to resist tyrannical rule in the Summa Theologica. John of Salisbury advocated direct revolutionary assassination of unethical tyrannical rulers in his Policraticus. Likewise medieval theologian Robert Bellarmine also wrote on the necessity to resist tyrannical rule.

Later, the concept was also taken up by John Locke in Two Treatises of Government as part of his social contract theory. Locke declared that under natural law, all people have the right to life, liberty, and estate; under the social contract, the people could instigate a revolution against the government when it acted against the interests of citizens, to replace the government with one that served the interests of citizens. In some cases, Locke deemed revolution an obligation. The right of revolution thus essentially acted as a safeguard against tyranny.

Role in history

The right of revolution was expounded by the Monarchomachs in the context of the French Wars of Religion, and by Huguenots thinkers who legitimized tyrannicides.

The right of revolution formed the basis of the philosophical defense of the Glorious Revolution, when Parliament deposed James II of England in 1688 and replaced him with William III of Orange-Nassau.

Later, the right to revolution would play a large part in the writings of the American revolutionaries; their writing echoed many of the ideas of the monarchomachs on the right to revolution. It was also cited in the Declaration of Independence of the United States, when a group of representatives from the various states signed a declaration of independence citing charges against King George III.

The right of revolution was also included in the 1789 Declaration of the Rights of Man and of the Citizen during the French Revolution.

Duty versus Right

Some philosophers argue that it is not only the right of a people to overthrow an oppresive government, it is also their duty to do so. Howard Evans Kiefer opines, "It seems to me that the duty to rebel is much more understandable than that right to rebel, because the right to rebellion ruins the order of power, whereas the duty to rebel goes beyond and breaks it."2

Morton White writes of the American revolutionaries, "The notion that they had a duty to rebel is extremely important to stress, for it shows that they thought they were complying with the commands of natural law and of nature's God when they threw off absolute despotism."3 The U.S. Declaration of Independence states that "when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government" (emphasis added). Martin Luther King likewise held that it is the duty of the people to resist unjust laws.

Constitutions that include the right of rebellion

Although many declarations of independence seek legitimacy by appealing to the right of revolution, far fewer constitutions mention this right or guarantee this right to citizens because of the destabilizing effect such a guarantee would likely produce.

New Hampshire's constitution guarantees its citizens the right to rebellion, in Article 10 of the constitution's Bill of Rights:

Whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.

The Kentucky Constitution also guarantees a right of revolution in Section 1 of the Bill of Rights.

All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, happiness and the protection of property. For the advancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may deem proper.

Article I, §2 of the Tennessee Constitution states: "That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind."

North Carolina's constitution of November 21, 1789 also contains in its Declaration of Rights, "3d. That Government ought to be instituted for the common benefit, protection and security of the people; and that the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive to the good and happiness of mankind."

The post-World War II Grundgesetz, the Fundamental Law of the Federal Republic of Germany contains both entrenched, un-amendable clauses protecting human and natural rights, as well as a clause in its Article 20, recognizing the right of the people to resist tyranny, if all other measures have failed.

See also

References

External links

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