国家の暴力、抵抗の暴力

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書誌事項

タイトル別名
  • The Force to Rule, the Force to Resist
  • コッカ ノ ボウリョク テイコウ ノ ボウリョク ジョン ロック ノ バアイ
  • the Case of John Locke
  • ジョン•ロックの場合

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抄録

Modern constitutionalism intends to construct a liberal society in which various people embracing incommensurable ideas can both lead autonomous private lives and share the benefits of social collaborations. John Locke is one of the thinkers who tried to answer this general problem. But his political theory, in particular his theory on the right of resistance, was also a response to the particular predicament he got into. Having failed to exclude James from the royal succession, he discarded his absolutist attitude and legitimatised forcible attempts to topple Charles II and then the invasion of William of Orange. In doing so he characterised the resistance to an oppressive government as an "appeal to Heaven". Drawing on the achievements of recent studies of political philosophy, the author interprets his theory not as libertarian but utilitarian one that takes into account pleasures and pains of the other world as well as of this world.

収録刊行物

  • 法社会学

    法社会学 2001 (54), 116-129,260, 2001

    日本法社会学会

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