英文摘要 |
Kant defined the ''right to resist'' as a ''coercive power'' against the head of state. Therefore, under the requirement of the ''principle of separation of powers'', people's rebellion is no doubt illegal. However, Kant also emphasized that in addition to revolution and rebellion, there is also a ''passive resistance''. It is not a kind of ''coercive power'' per se, but ''a right that cannot be abandoned or given up of an individual who lives in any society. This article attempts to make a different reading on the legality and legitimacy problem of the right of resistance in Kant's legal and political philosophy, and to discuss in which sense Kant's emphasis on the freedom of speech did suggest the idea to which the right of resistance should be regarded as an overpositive right of people. |