Right Of Revolution
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political philosophy Political philosophy studies the theoretical and conceptual foundations of politics. It examines the nature, scope, and Political legitimacy, legitimacy of political institutions, such as State (polity), states. This field investigates different ...
, the right of revolution or right of rebellion is the right or duty of a people to "alter or abolish" a government that acts against their common interests or threatens the safety of the people without justifiable cause. Stated throughout history in one form or another, the belief in this right has been used to justify various revolutions, including the
American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...
, French Revolution, the Syrian Revolution, the
Russian Revolution The Russian Revolution was a period of Political revolution (Trotskyism), political and social revolution, social change in Russian Empire, Russia, starting in 1917. This period saw Russia Dissolution of the Russian Empire, abolish its mona ...
, and the
Iranian Revolution The Iranian Revolution (, ), also known as the 1979 Revolution, or the Islamic Revolution of 1979 (, ) was a series of events that culminated in the overthrow of the Pahlavi dynasty in 1979. The revolution led to the replacement of the Impe ...
.


History


Early examples


Ancient China

To justify their overthrowing of the earlier
Shang dynasty The Shang dynasty (), also known as the Yin dynasty (), was a Chinese royal dynasty that ruled in the Yellow River valley during the second millennium BC, traditionally succeeding the Xia dynasty and followed by the Western Zhou d ...
, the kings of the
Zhou dynasty The Zhou dynasty ( ) was a royal dynasty of China that existed for 789 years from until 256 BC, the longest span of any dynasty in Chinese history. During the Western Zhou period (771 BC), the royal house, surnamed Ji, had military ...
(1122–256 BCE) of
China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
promulgated the concept known as the
Mandate of Heaven The Mandate of Heaven ( zh, t=天命, p=Tiānmìng, w=, l=Heaven's command) is a Chinese ideology#Political ideologies, political ideology that was used in History of China#Ancient China, Ancient China and Chinese Empire, Imperial China to legit ...
, that
Heaven Heaven, or the Heavens, is a common Religious cosmology, religious cosmological or supernatural place where beings such as deity, deities, angels, souls, saints, or Veneration of the dead, venerated ancestors are said to originate, be throne, ...
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 Mencius (孟子, ''Mèngzǐ'', ; ) was a Chinese Confucian philosopher, often described as the Second Sage () to reflect his traditional esteem relative to Confucius himself. He was part of Confucius's fourth generation of disciples, inheriting ...
(372–289 BCE) were often suppressed for declaring that the people have the right to overthrow a ruler that did not provide for their needs.


Ancient Rome

The populist leader Tiberius Gracchus tried to justify depriving power from tribune Marcus Octavius by arguing that a
tribune Tribune () was the title of various elected officials in ancient Rome. The two most important were the Tribune of the Plebs, tribunes of the plebs and the military tribunes. For most of Roman history, a college of ten tribunes of the plebs ac ...
"stands deprived by his own act of honours and immunities, by the neglect of the duty for which the honour was bestowed upon him". For Gracchus, he "who assails the power of the people is no longer a tribune at all". He strengthened his argument by highlighting the precedent of the overthrow of Tarquin the Proud "when he acted wrongfully; and for the crime of one single man, the ancient government under which Rome was built was abolished forever." As historian
Edward Gibbon Edward Gibbon (; 8 May 173716 January 1794) was an English essayist, historian, and politician. His most important work, ''The History of the Decline and Fall of the Roman Empire'', published in six volumes between 1776 and 1789, is known for ...
observes, after Tarquin's overthrow, "the ambitious Roman who should dare to assume their title or imitate arquin'styranny was devoted to the infernal gods: each of his fellow-citizens was armed with the sword of justice; and the act of Brutus, however repugnant to gratitude or prudence, had been already sanctified by the judgement of his country." After the death of
Augustus Gaius Julius Caesar Augustus (born Gaius Octavius; 23 September 63 BC – 19 August AD 14), also known as Octavian (), was the founder of the Roman Empire, who reigned as the first Roman emperor from 27 BC until his death in A ...
, the soldier Percennius fomented mutiny in the legions of
Pannonia Pannonia (, ) was a Roman province, province of the Roman Empire bounded on the north and east by the Danube, on the west by Noricum and upper Roman Italy, Italy, and on the southward by Dalmatia (Roman province), Dalmatia and upper Moesia. It ...
. Believing they had the right to violently rebel to get better treatment and greater appreciation from the state, he rhetorically asked the common soldiery why they submitted to the centurions while military life entailed such low pay and so many years in service. Many soldiers shared his feelings. According to the historian
Tacitus Publius Cornelius Tacitus, known simply as Tacitus ( , ; – ), was a Roman historian and politician. Tacitus is widely regarded as one of the greatest Roman historians by modern scholars. Tacitus’ two major historical works, ''Annals'' ( ...
, "The throng applauded from various motives, some pointing to the marks of the lash, others to their grey locks, and most of them to their threadbare garments and naked limbs." The Praetorian Subrius Flavus justified his right of revolution against Emperor Nero on the grounds that Nero's crimes meant he no longer deserved the love of the people: "I began to hate you when you became the murderer of your mother and your wife, a charioteer, an actor, and an incendiary." In 285 C.E.,
Maximian Maximian (; ), nicknamed Herculius, was Roman emperor from 286 to 305. He was ''Caesar (title), Caesar'' from 285 to 286, then ''Augustus (title), Augustus'' from 286 to 305. He shared the latter title with his co-emperor and superior, Diocleti ...
suppressed a rebellion of Gallic peasants violently resisting exploitation by their masters. These fought for their natural rights against the miserable conditions they were placed under. Gibbon says that they "asserted the natural rights of men, but they asserted those rights with the most savage cruelty".


Medieval Europe

One example of the emergence of a right of revolution can be traced back to Þorgnýr the Lawspeaker, who in 1018 had a dramatic confrontation with the King of Sweden. The lawspeaker claimed the King of Sweden was accountable to the people and would be overthrown by them if he continued with his unpopular war with Norway. Another example were the semi-mythical Charters of Sobrarbe, allegedly issued in the Pyrenees in the 850s, which enshrined the Iberian legal principle that "''laws come before kings''." Specifically, the 6th charter of Sobrarbe (first mentioned in 1117) specified that "''If He he Kingshould hereafter tyrannise the kingdom against the fueros or liberties, the kingdom should be free to choose another king, even if he were a pagan,"'' thereby enshrining the right of rebellion against the King. During the
High Middle Ages The High Middle Ages, or High Medieval Period, was the periodization, period of European history between and ; it was preceded by the Early Middle Ages and followed by the Late Middle Ages, which ended according to historiographical convention ...
, the ''Charters of Sobrarbe'' were used both in the
kingdom of Navarre The Kingdom of Navarre ( ), originally the Kingdom of Pamplona, occupied lands on both sides of the western Pyrenees, with its northernmost areas originally reaching the Atlantic Ocean (Bay of Biscay), between present-day Spain and France. The me ...
and in the
kingdom of Aragon The Kingdom of Aragon (; ; ; ) was a medieval and early modern Monarchy, kingdom on the Iberian Peninsula, corresponding to the modern-day Autonomous communities of Spain, autonomous community of Aragon, in Spain. It became a part of the larger ...
to thwart royal authority, and in the medieval
kingdom of Aragon The Kingdom of Aragon (; ; ; ) was a medieval and early modern Monarchy, kingdom on the Iberian Peninsula, corresponding to the modern-day Autonomous communities of Spain, autonomous community of Aragon, in Spain. It became a part of the larger ...
to create the figure of the Justicia de Aragón, an office first mentioned in 1115, appointed by the Aragonese parliament, and with ample powers to veto any action of the King deemed to against the customs and laws of the kingdom; this provided a uniquely complete institutional and constitutional framework with which to disobey the King. The legal lemma "'' Obedezco pero no cumplo''" obey, but do not complyfound in Castilian law, likewise stemming from this tradition, was used to justify disobeying the King's orders that were deemed to go against the law; this legal principle was used in everything from bypassing censorship to justifying open rebellions, as e.g. was famously exploited by
Hernán Cortés Hernán Cortés de Monroy y Pizarro Altamirano, 1st Marquis of the Valley of Oaxaca (December 1485 – December 2, 1547) was a Spanish ''conquistador'' who led an expedition that caused the fall of the Aztec Empire and brought large portions o ...
to justify his otherwise illegal invasion and conquest of Mexico against the explicit orders of the King of Castile and his officers in
Cuba Cuba, officially the Republic of Cuba, is an island country, comprising the island of Cuba (largest island), Isla de la Juventud, and List of islands of Cuba, 4,195 islands, islets and cays surrounding the main island. It is located where the ...
. Another example is ''
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
'', an English charter issued in 1215, which 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. ''Magna Carta'' directly influenced the development of parliamentary democracy and many constitutional documents, such as the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
. The Golden Bull of 1222 was a golden bull, or edict, issued by King Andrew II of Hungary. The law established the rights of Hungary's noblemen, including the right to disobey the King when he acted contrary to law (). The Golden Bull is often compared to ''Magna Carta''; the Bull was the first constitutional document of the nation of Hungary, while ''Magna Carta'' was the first constitutional charter of the nation of England.
Thomas Aquinas Thomas Aquinas ( ; ; – 7 March 1274) was an Italian Dominican Order, Dominican friar and Catholic priest, priest, the foremost Scholasticism, Scholastic thinker, as well as one of the most influential philosophers and theologians in the W ...
also writes about the right to resist tyranny in the ''
Summa Theologica The ''Summa Theologiae'' or ''Summa Theologica'' (), often referred to simply as the ''Summa'', is the best-known work of Thomas Aquinas (1225–1274), a scholastic theologian and Doctor of the Church. It is a compendium of all of the main t ...
''. He considers a law not to be a law at all, but an act of violence, if it contradicts either human or Divine good, overextends the power of the lawgiver, or hampers different parts of society unequally. For Aquinas, overthrowing a tyrant does not make a population seditious. Rather, the tyranny of tyrants means they commit "sedition", by which Aquinas means disturbance of those who work together lawfully for the good of the multitude: Nicole Oresme, in his '' Livre de Politiques'', categorically denied any right of resistance. John of Salisbury advocated direct revolutionary assassination of unethical tyrannical rulers in his ''Policraticus''.


Early modern Europe

Theological notions of the right of revolution were elaborated in the
early modern period The early modern period is a Periodization, historical period that is defined either as part of or as immediately preceding the modern period, with divisions based primarily on the history of Europe and the broader concept of modernity. There i ...
. The
Jesuits The Society of Jesus (; abbreviation: S.J. or SJ), also known as the Jesuit Order or the Jesuits ( ; ), is a religious order (Catholic), religious order of clerics regular of pontifical right for men in the Catholic Church headquartered in Rom ...
, especially
Robert Bellarmine Robert Bellarmine (; ; 4 October 1542 – 17 September 1621) was an Italian Jesuit and a cardinal of the Catholic Church. He was canonized a saint in 1930 and named Doctor of the Church, one of only 37. He was one of the most important figure ...
and Juan de Mariana, were widely known and often feared for advocating resistance to tyranny and often tyrannicide—one of the implications of the
natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
focus of the School of Salamanca.
John Calvin John Calvin (; ; ; 10 July 150927 May 1564) was a French Christian theology, theologian, pastor and Protestant Reformers, reformer in Geneva during the Protestant Reformation. He was a principal figure in the development of the system of C ...
believed something similar. In a commentary on the
Book of Daniel The Book of Daniel is a 2nd-century BC biblical apocalypse with a 6th-century BC setting. It is ostensibly a narrative detailing the experiences and Prophecy, prophetic visions of Daniel, a Jewish Babylonian captivity, exile in Babylon ...
, he observed that contemporary monarchs pretend to reign "by the grace of God", but the pretense was "a mere cheat" so that they could "reign without control". He believed that "Earthly princes depose themselves while they rise up against God", so "it behooves us to spit upon their heads than to obey them". When ordinary citizens are confronted with tyranny, he wrote, ordinary citizens have to suffer it. But magistrates have the duty to "curb the tyranny of kings", as had the Tribunes of the Plebs in
ancient Rome In modern historiography, ancient Rome is the Roman people, Roman civilisation from the founding of Rome, founding of the Italian city of Rome in the 8th century BC to the Fall of the Western Roman Empire, collapse of the Western Roman Em ...
, the Ephors in
Sparta Sparta was a prominent city-state in Laconia in ancient Greece. In antiquity, the city-state was known as Lacedaemon (), while the name Sparta referred to its main settlement in the Evrotas Valley, valley of Evrotas (river), Evrotas rive ...
, and the Demarchs in
ancient Athens Athens is one of the List of oldest continuously inhabited cities, oldest named cities in the world, having been continuously inhabited for perhaps 5,000 years. Situated in southern Europe, Athens became the leading city of ancient Greece in t ...
. That Calvin could support a right of resistance in theory did not mean that he thought such resistance prudent in all circumstances. At least publicly, he disagreed with the Scottish Calvinist
John Knox John Knox ( – 24 November 1572) was a Scottish minister, Reformed theologian, and writer who was a leader of the country's Reformation. He was the founder of the Church of Scotland. Born in Giffordgate, a street in Haddington, East Lot ...
's call for revolution against the Catholic Queen Mary I Tudor of England. The Catholic Church shared Calvin's prudential concerns – the Pope condemned Guy Fawkes'
Gunpowder Plot The Gunpowder Plot of 1605, in earlier centuries often called the Gunpowder Treason Plot or the Jesuit Treason, was an unsuccessful attempted regicide against James VI and I, King James VI of Scotland and I of England by a group of English ...
, and '' Regnans in Excelsis'' was widely considered to be a mistake. Instead, the safest course of action for the people was to endure tyranny for as long as it could be borne, rather than run the larger risks of armed revolution. The right of revolution was expounded by the Monarchomachs in the context of the
French Wars of Religion The French Wars of Religion were a series of civil wars between French Catholic Church, Catholics and Protestantism, Protestants (called Huguenots) from 1562 to 1598. Between two and four million people died from violence, famine or disease di ...
, and by
Huguenot The Huguenots ( , ; ) are a Religious denomination, religious group of French people, French Protestants who held to the Reformed (Calvinist) tradition of Protestantism. The term, which may be derived from the name of a Swiss political leader, ...
s thinkers who legitimized
tyrannicide Tyrannicide is the killing or assassination of a tyrant or unjust ruler, purportedly for the common good, and usually by one of the tyrant's subjects. Tyrannicide was legally permitted and encouraged in Classical Athens. Often, the term "tyrant ...
s. In the last chapter of ''
The Prince ''The Prince'' ( ; ) is a 16th-century political treatise written by the Italian diplomat, philosopher, and Political philosophy, political theorist Niccolò Machiavelli in the form of a realistic instruction guide for new Prince#Prince as gener ...
'',
Niccolò Machiavelli Niccolò di Bernardo dei Machiavelli (3 May 1469 – 21 June 1527) was a Florentine diplomat, author, philosopher, and historian who lived during the Italian Renaissance. He is best known for his political treatise '' The Prince'' (), writte ...
exhorts the Medici family to take up violent insurrection "to liberate Italy from the barbarians". He explains why contemporary circumstances justify the Medici's right of revolution:


Philosophical views


John Locke

Perhaps no other major philosopher wrote as much about the right of revolution as Enlightenment thinker
John Locke John Locke (; 29 August 1632 (Old Style and New Style dates, O.S.) – 28 October 1704 (Old Style and New Style dates, O.S.)) was an English philosopher and physician, widely regarded as one of the most influential of the Enlightenment thi ...
. He developed the concept in his ''
Two Treatises of Government ''Two Treatises of Government'' (full title: ''Two Treatises of Government: In the Former, The False Principles, and Foundation of Sir Robert Filmer, and His Followers, Are Detected and Overthrown. The Latter Is an Essay Concerning The True O ...
'', especially the last two chapters, "Of Tyranny" and "Of the Dissolution of Government". The right formed an important part of his social contract theory, in which he defined the basis of social relationships. Locke said that under
natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
, all
people The term "the people" refers to the public or Common people, common mass of people of a polity. As such it is a concept of human rights law, international law as well as constitutional law, particularly used for claims of popular sovereignty. I ...
have the right to
life Life, also known as biota, refers to matter that has biological processes, such as Cell signaling, signaling and self-sustaining processes. It is defined descriptively by the capacity for homeostasis, Structure#Biological, organisation, met ...
,
liberty Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional ...
, and
private property Private property is a legal designation for the ownership of property by non-governmental Capacity (law), legal entities. Private property is distinguishable from public property, which is owned by a state entity, and from Collective ownership ...
; under the social contract, the people could instigate a
revolution In political science, a revolution (, 'a turn around') is a rapid, fundamental transformation of a society's class, state, ethnic or religious structures. According to sociologist Jack Goldstone, all revolutions contain "a common set of elements ...
against the government when it acted against the interests of
citizens Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationality; ...
, to replace the government with one that served the interests of citizens. In some cases, Locke saw revolution as an obligation. For him, the right of revolution acted as a safeguard against tyranny. Locke defended the right of revolution in ''
Two Treatises of Government ''Two Treatises of Government'' (full title: ''Two Treatises of Government: In the Former, The False Principles, and Foundation of Sir Robert Filmer, and His Followers, Are Detected and Overthrown. The Latter Is an Essay Concerning The True O ...
'' in this way: For Locke, these governments undid themselves by standing in the way of a citizen's right to property. He believed that "governments are dissolved" when "they endeavour to invade the property of the subject", since it is the right of the people to "choose and authorise a legislative" and accompanying institutions that act "as guards and fences to the properties of all society". In other writings, he used the analogy of a robber to explain why tyrannical infringement on property makes for unjust law: "Should a robber break into my house, and, with a dagger at my throat, make me seal deeds to convey my estate to him, would this give him any title? Just such a title by his sword has an unjust conqueror who forces me into submission. The injury and the crime is equal, whether committed by the wearer of a crown or some petty villain." Thus, according to Locke, if a government acts against a citizen's right of property, that citizen may exercise his right of revolution against that government. Locke drew on the Old Testament story of Hezekiah's rebellion against the King of Assyria to make the case that God supported any people rebelling against unrighteous rule, saying that "it is plain that shaking off a power which force, and not right, hath set over any one, though it hath the name of rebellion, yet it is no offence before God, but that which He allows and countenances". Like Aquinas, Locke believed that the truly seditious or rebellious individuals are not those who change the legislative to ensure public wellbeing, but the despots who violated public wellbeing in the first place with their illegitimate laws: "For when men, by entering into society and civil government, have excluded force, and introduced laws for the preservation of property, peace, and unity among themselves, those who set up force again in opposition to the law, do ''rebellare'' – that is, bring back again the state of war, and are properly rebels". Also like Aquinas, Locke considered it just for a subject to disobey any ruler overextending his political power. In '' A Letter Concerning Toleration'', he argued that "if the law, indeed, be concerning things that lie not within the verge of the magistrates authority, ... men are not in these cases obliged by that law, against their consciences." However, Locke was not only a proponent of fighting tyranny through civil disobedience of unjust laws. He also suggested using violent insurrection in situations where an illegitimate centre of power, such as a rogue executive, has used force to subdue the supreme power in the land, that is, the legislature:


Jean-Jacques Rousseau

Later,
Jean-Jacques Rousseau Jean-Jacques Rousseau (, ; ; 28 June 1712 – 2 July 1778) was a Republic of Geneva, Genevan philosopher (''philosophes, philosophe''), writer, and composer. His political philosophy influenced the progress of the Age of Enlightenment through ...
would be in agreement on Locke's point about force, stating in his work '' On the Origin of Inequality'' that:


Immanuel Kant

Not all Enlightenment thinkers supported the rebellion principle.
Immanuel Kant Immanuel Kant (born Emanuel Kant; 22 April 1724 – 12 February 1804) was a German Philosophy, philosopher and one of the central Age of Enlightenment, Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works ...
would have strongly disagreed with Locke and Rousseau as regards the notion of there being any general principle of a right to revolution. He believed that "if the ruler or regent, as the organ of the supreme power, proceeds in violation of the laws, as in imposing taxes, recruiting soldiers, and so on, contrary to the law of equality in the distribution of the political burdens, the subject may oppose ''complaints'' and ''objections'' ('' gravamina'') to this injustice, but not active resistance." He reaffirms this repeatedly in '' The Metaphysics of Morals'', stating that "there is no right of sedition, and still less of revolution", the reason being that "it is only by submission to the universal legislative will, that a condition of law and order is possible." Moreover, Kant believed that any "forcible compulsion of he dethronement of a monarch on the part of the people, cannot be justified under the pretext of a ''right of necessity'' (''casus necessitatis'')".


John Stuart Mill

John Stuart Mill John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, politician and civil servant. One of the most influential thinkers in the history of liberalism and social liberalism, he contributed widely to s ...
believed in a morally justifiable form of right to revolution against tyranny, placing him firmly in the tradition of Aquinas, Locke, and Rousseau. In his introduction to '' On Liberty'', he gave an account of the historical limitation of kingly power by the multitude, a conflict he termed "liberty". This progress was sought "by obtaining a recognition of certain immunities, called political liberties or rights, which it was to be regarded as a breach of duty in the ruler to infringe, and which if he did infringe, specific resistance, or general rebellion, was held to be justifiable". On the question of
tyrannicide Tyrannicide is the killing or assassination of a tyrant or unjust ruler, purportedly for the common good, and usually by one of the tyrant's subjects. Tyrannicide was legally permitted and encouraged in Classical Athens. Often, the term "tyrant ...
, Mill came down firmly in favour of the virtue of "the act of a private citizen in striking down a criminal, who, by raising himself above the law, has placed himself beyond the reach of legal punishment or control, ince ithas been accounted by whole nations, and by some of the best and wisest of men, not a crime, but an act of exalted virtue".


Samuel Johnson

Scottish biographer
James Boswell James Boswell, 9th Laird of Auchinleck (; 29 October 1740 ( N.S.) – 19 May 1795), was a Scottish biographer, diarist, and lawyer, born in Edinburgh. He is best known for his biography of the English writer Samuel Johnson, '' Life of Samuel ...
noted the literary critic
Samuel Johnson Samuel Johnson ( – 13 December 1784), often called Dr Johnson, was an English writer who made lasting contributions as a poet, playwright, essayist, moralist, literary critic, sermonist, biographer, editor, and lexicographer. The ''Oxford ...
's attack on the widespread assumption that " the King can do no wrong": Boswell emphasised this sentence "with peculiar pleasure, as a noble instance of that truly dignified spirit of freedom which ever glowed in his heart". Johnson seemed to believe that some form of a right to revolution inhered in natural law. He considered "that in no government power can be abused long. Mankind will not bear it. If a sovereign oppresses his people to a great degree, they will rise and cut off his head. There is a remedy in human nature against tyranny, that will keep us safe under every form of government. Had not the people of France thought themselves honoured as sharing in the brilliant actions of
Louis XIV LouisXIV (Louis-Dieudonné; 5 September 16381 September 1715), also known as Louis the Great () or the Sun King (), was King of France from 1643 until his death in 1715. His verified reign of 72 years and 110 days is the List of longest-reign ...
, they would not have endured him; and we may say the same of the King of Prussia's people."


Use in history

Revolutionary movements subsequent to this, all drew on Locke's theory as a justification for the exercise of the right of revolution.


The Glorious Revolution

During the
Glorious Revolution The Glorious Revolution, also known as the Revolution of 1688, was the deposition of James II and VII, James II and VII in November 1688. He was replaced by his daughter Mary II, Mary II and her Dutch husband, William III of Orange ...
of 1688, the
Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the Great Council of England, great council of Lords Spi ...
effectively deposed
James II of England James II and VII (14 October 1633 – 16 September 1701) was King of England and Monarchy of Ireland, Ireland as James II and King of Scotland as James VII from the death of his elder brother, Charles II of England, Charles II, on 6 February 1 ...
and replaced him with William III of Orange-Nassau, due to the former's unacceptable leanings towards absolutism and
Catholicism The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
. Although Locke's treatise was published the year after, his ideas were already widely current in the English political system at the time. Although Locke claimed that his book's purpose was to justify William III's ascension to the throne, it has been argued that the bulk of the writing was instead completed between 1679 and 1680 during the Exclusion Crisis, which attempted to prevent James II from ever taking the throne in the first place. Anthony Ashley-Cooper, 1st Earl of Shaftesbury, Locke's mentor, patron and friend, introduced the bill, but it was ultimately unsuccessful. Alternatively, the work is better associated with the revolutionary conspiracies that swirled around what would come to be known as the Rye House Plot.


The American Revolution

The right to revolution played a large part in the writings of the American revolutionaries in the run up to the
American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...
. Thomas Paine's political tract '' Common Sense'' used the concept as an argument for rejection of the British monarchy and separation from the
British Empire The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
, as opposed to merely self-government within it. The right was also cited in the
Declaration of Independence A declaration of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of the territory of another state or failed state, or are breaka ...
of the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, written by
Thomas Jefferson Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Indepe ...
, two thirds of which consists of a list of the wrongs committed by King
George III George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and King of Ireland, Ireland from 25 October 1760 until his death in 1820. The Acts of Union 1800 unified Kingdom of Great Britain, Great Britain and ...
which violated the colonist's natural right to life, liberty, and property. According to the declaration: However, the Revolution did change course to set certain limits on the right of rebellion. In Federalist No. 28,
Alexander Hamilton Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Fathers of the United States, Founding Father who served as the first U.S. secretary of the treasury from 1789 to 1795 dur ...
successfully made the case for a federal standing army, in opposition to Locke's principle that a republican government rules not by violence, but by law. Hamilton thought: Simply put, "An insurrection, whatever may be its immediate cause, eventually endangers all government." However, Hamilton did point out that the wide geography of the United States meant that a federal army could not provide absolute limitation on the right of revolution, since, "If the federal army should be able to quell the resistance of one State, the distant States would have it in their power to make head with fresh forces."


The French Revolution

The right of revolution was also included in the 1793 preface to the French Constitution of 1793 during the French Revolution. This preface from 24 June 1793 contained a declaration of the rights of man and citizen including right to rebellion in §35: "When the government violates the rights of the people, insurrection is for the people, and for every portion thereof, the most sacred of rights and the most indispensable of duties."


American Civil War

The inherent (rather than constitutional) right to revolt was cited in the year prior the civil war's start as justifying the secession of the
Confederate States of America The Confederate States of America (CSA), also known as the Confederate States (C.S.), the Confederacy, or Dixieland, was an List of historical unrecognized states and dependencies, unrecognized breakaway republic in the Southern United State ...
.


Nature of the right


Individual or collective right

Although some explanations of the right of revolution leave open the possibility of its exercise as an individual right, it was clearly understood to be a collective right under English constitutional and political theory. As Pauline Maier has noted in her study ''From Resistance to Revolution'', "private individuals were forbidden to take force against their rulers either for malice or because of private injuries". Instead, "not just a few individuals, but the 'Body of the People' had to feel concerned" before the right of revolution was justified and with most writers speaking of a whole people who are the Public', or the body of the people acting in their 'public Authority', indicating a broad consensus involving all ranks of society". In the second of his ''Two Treatises of Government'', John Locke quotes the jurist William Barclay as stating "That particular men are allowed ... to have no other remedy but patience; but the body of the people may with, with respect, resist intolerable tyranny, for when it is moderate they ought to endure it."


Right versus duty

Some philosophers argue that it is not only the right of a people to overthrow an oppressive government but 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." 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." 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). The phrase "long train of abuses" is a reference to John Locke's similar statement in the ''Second Treatise of Government'', where he explicitly established overthrow of a tyrant as an obligation. Martin Luther King Jr. likewise held that it is the duty of the people to resist unjust laws.


Preconditions


In philosophical discourse

Certain theories of the right of revolution impose significant preconditions on its exercise, sometimes limiting its invocation to the most dire circumstances. Aristotle insisted that "men of rank" who "excel in virtue have the best right of all to rebel". Although
Plato Plato ( ; Greek language, Greek: , ; born  BC, died 348/347 BC) was an ancient Greek philosopher of the Classical Greece, Classical period who is considered a foundational thinker in Western philosophy and an innovator of the writte ...
argued that a dissident should openly criticise his nation's policies, "provided that his words are not likely either to fall on deaf ears or to lead to the loss of his own life", he also stipulated against seemingly necessary violent insurrection: "force against his native land he should not use in order to bring about a change of constitution, when it is not possible for the best constitution to be introduced without driving men into exile or putting them to death". Thinkers often emphasise the great responsibility in taking hold of the right to revolution. Aquinas believed that would-be revolutionaries held no right to rebel against a tyrant if "the tyrant's rule be disturbed so inordinantly that his subjects suffer greater harm from the consequent disturbance than from the tyrant's government".Aquinas, ''Summa Theologica'', Part II–II, Question 42, Article 2, Reply 3
Michel de Montaigne Michel Eyquem, Seigneur de Montaigne ( ; ; ; 28 February 1533 – 13 September 1592), commonly known as Michel de Montaigne, was one of the most significant philosophers of the French Renaissance. He is known for popularising the the essay ...
was equally cautious, warning that "to establish a better regimen in the stead of that which a man has overthrown, many who have attempted it have foundered". Even the American Declaration of Independence admits that "Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes". In ''
Leviathan Leviathan ( ; ; ) is a sea serpent demon noted in theology and mythology. It is referenced in several books of the Hebrew Bible, including Psalms, the Book of Job, the Book of Isaiah, and the pseudepigraphical Book of Enoch. Leviathan is of ...
'',
Thomas Hobbes Thomas Hobbes ( ; 5 April 1588 – 4 December 1679) was an English philosopher, best known for his 1651 book ''Leviathan (Hobbes book), Leviathan'', in which he expounds an influential formulation of social contract theory. He is considered t ...
argued that, since they have consented to invest their sovereign with the right of rulership, monarchical subjects can only change rulers with the original sovereign's permission. He states that "they that are subjects to a monarch cannot without his leave cast off monarchy and return to the confusion of a disunited multitude; nor transfer their person from him that beareth it to another man, or other assembly of men". Elsewhere he emphasises this point by saying that "the commands of them that have the right to command are not by their subjects to be censured nor disputed". John Locke believed in the precondition that the right of violent insurrection could only be retained by those challenging tyranny, stipulating "that force is to be opposed to nothing but to unjust and unlawful force". The right of revolution only gave a people the right to rebel against unjust rule, not any rule: "whoever, either ruler or subject, by force goes about to invade the rights of either prince or people, and lays the foundation for overturning the constitution and frame of any just government, he is guilty of the greatest crime I think a man is capable of". In ''Two Treatises of Government'', Locke discusses the pro-monarchy philosopher William Barclay's notions about the preconditions for the right of revolution against a monarch: "First. He says it must be with reverence. Secondly. It must be without retribution or punishment; and the reason he gives is, 'because an inferior cannot punish a superior'." Locke disagreed with both these preconditions, explaining that it is impossible to strike against any opposition 'with reverence' and that an oppressor loses his superiority by being an oppressor. Elsewhere Barclay insists that a king must be dethroned as a precondition for the right of revolution against a monarchy: "The people, therefore, can never come by a power over him unless he does something that makes him cease to be a king", which may only happen if the king tries to overturn his kingdom or make his rule dependent on force provided by another country. In his treatise ''
Politics Politics () is the set of activities that are associated with decision-making, making decisions in social group, groups, or other forms of power (social and political), power relations among individuals, such as the distribution of Social sta ...
'',
Aristotle Aristotle (; 384–322 BC) was an Ancient Greek philosophy, Ancient Greek philosopher and polymath. His writings cover a broad range of subjects spanning the natural sciences, philosophy, linguistics, economics, politics, psychology, a ...
disapproves of the Cretan constitution's provision for the aristocratic right of revolution against the Cosmi, the ten most important magistrates in the country: "Worst of all is the suspension of the office of Cosmi, a device to which the nobles often have recourse when they will not submit to justice." For Aristotle, this is evidence of oligarchical interference codified into supposedly constitutional, republican government. In contrary to this view, the
French Enlightenment French may refer to: * Something of, from, or related to France ** French language, which originated in France ** French people, a nation and ethnic group ** French cuisine, cooking traditions and practices Arts and media * The French (band) ...
thinker
Montesquieu Charles Louis de Secondat, baron de La Brède et de Montesquieu (18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the principal so ...
believed that this institution successfully hindered the abuse of power, thanks to the existing precondition of a powerful patriotism felt by the Cretans towards their island.


During the American Revolution

In the American Revolutionary context, one finds expressions of the right of revolution both as subject to precondition and as unrestrained by conditions. On the eve of the American Revolution, for example, Americans considered their plight to justify exercise of the right of revolution.
Alexander Hamilton Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Fathers of the United States, Founding Father who served as the first U.S. secretary of the treasury from 1789 to 1795 dur ...
justified American resistance as an expression of "the law of nature" redressing violations of "the first principles of civil society" and invasions of "the rights of a whole people". For
Thomas Jefferson Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Indepe ...
, the Declaration was the last-ditch effort of an oppressed people—the position in which many Americans saw themselves in 1776. Jefferson's litany of colonial grievances was an effort to establish that Americans met their burden to exercise the natural law right of revolution. Certain scholars, such as legal historian Christian Fritz, have written that with the end of the Revolution, Americans did not renounce the right of revolution. In fact they codified it in their new constitutions and even today 35 constitutions of American states have the same or similar provisions on the right of revolution as in the preamble of the American Declaration of Independence. For instance, constitutions considered to be "conservative", such as those of post-revolutionary
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
in 1780, preserved the people's right "to reform, alter, or totally change" government not only for their protection or safety but also whenever their "prosperity and happiness require it". This expression was not unusual in the early American constitutions.
Connecticut Connecticut ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...
's 1818 constitution articulated the people's right "at all times" to alter government "in such a manner as they may think expedient". Fritz, in ''American Sovereigns: The People and America's Constitutional Tradition Before the Civil War'', describes a duality in American views on preconditions to the right of revolution: "Some of the first state constitutions included 'alter or abolish' provisions that mirrored the traditional right of revolution" in that they required dire preconditions to its exercise.
Maryland Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...
's 1776 constitution and
New Hampshire New Hampshire ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
's 1784 constitution required the perversion of the ends of government and the endangering of public liberty and that all other means of redress were to no avail. But in contrast, other states dispensed with the onerous preconditions on the exercise of the right. In the 1776
Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...
constitution the right would arise simply if government was "inadequate" and
Pennsylvania Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...
's 1776 constitution required only that the people considered a change to be "most conducive" to the public welfare.


Natural law or positive law

Descriptions of the Right of Revolution also differ in whether that right is considered to be a
natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
(a law whose content is set by nature and that therefore has validity everywhere) or
positive law Positive laws () are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''. The concept of posit ...
(law enacted or adopted by proper authority for governing of the state). An example of the dual nature of the right of revolution as both a natural law and as positive law is found in the American revolutionary context. Although the American Declaration of Independence invoked the natural law right of revolution, natural law was not the sole justification for American independence. English constitutional doctrine also supported the colonists' actions, at least up to a point. By the 1760s, English law recognized what
William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-k ...
's '' Commentaries on the Laws of England'' called "the law of redress against public oppression". Like the natural law's right of revolution, this constitutional law of redress justified the people resisting the sovereign. This law of redress arose from a contract between the people and the king to preserve the public welfare. This original contract was "a central dogma in English and British constitutional law" since "time immemorial". The Declaration's long list of grievances declared that this bargain had been breached. This well-accepted law of redress justified a people resisting unconstitutional acts of government. Liberty depended upon the people's "ultimate" right to resist. Unconstitutional commands breaching the "voluntary compact between the rulers and the ruled" could be "ignored" and arbitrary commands opposed with force. This right implied a duty on the part of the people to resist unconstitutional acts. As Alexander Hamilton noted in 1775, government exercised powers to protect "the absolute rights" of the people and government forfeited those powers and the people could reclaim them if government breached this constitutional contract. The law of redress had limits like the right of revolution under natural law. The law of redress, like the right of revolution, was not an individual right. It belonged to the community as a whole, as one of the parties to the original constitutional contract. It was not a means of first resort, or response to trivial or casual errors of government. Blackstone's ''Commentaries'' suggested that using the law of redress would be "extraordinary", for example applying if the king broke the original contract, violated "the fundamental laws", or abandoned the kingdom. During the Stamp Act crisis of the 1760s the Massachusetts Provincial Congress considered resistance to the king justified if freedom came under attack from "the hand of oppression" and "the merciless feet of tyranny". A decade later the "indictment" of George III in the Declaration of Independence sought to end his sovereign reign over the colonies because he violated the original constitutional contract. As explained in legal historian Christian Fritz's description of the role of the right of revolution in American Revolution, American independence was justified by conventional theories under Anglo-American constitutional thought at the time about the people's collective right to cast off an arbitrary king. "Both natural law and English constitutional doctrine gave the colonists a right to revolt against the sovereign's oppression." But these understandings about the right of revolution on the eve of the American Revolution rested on a traditional model of government. That model posited the existence of a hypothetical bargain struck in the mists of antiquity between a king and a people. "In this bargain, the people were protected by the monarch in exchange for the people giving the king allegiance. This was a contractual relationship. American revolutionaries accused George III of breaching his implied duty of protection under that contract, thereby releasing the people in the colonies from their allegiance. The sovereign's breach of the hypothetical contract gave rise to the subjects' right of revolutiongrounded on both natural law and English constitutional doctrine."Fritz, ''American Sovereigns'', 13.


Examples as positive law

Although many
declarations of independence A declaration of independence is an assertion by a polity in a defined territory that it is independence, independent and constitutes a Sovereign state, state. Such places are usually declared from part or all of the territory of another state or ...
seek legitimacy by appealing to the right of revolution, far fewer
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
s mention this right or guarantee this right to citizens because of the destabilizing effect such a guarantee would likely produce. Among the examples of an articulation of a right of revolution as positive law include:


Modern relevance

Some have argued that because in modern times democratic governments can be overthrown by popular vote, the right of the people to remove the government has become embedded into the
political system In political science, a political system means the form of Political organisation, political organization that can be observed, recognised or otherwise declared by a society or state (polity), state. It defines the process for making official gov ...
. In a study of the idea of rule by the people in the American Revolution and in early post-revolutionary America, legal historian Christian G. Fritz writes:


See also

* Citizen suit *
Civil resistance Civil resistance is a form of political action that relies on the use of nonviolent resistance by ordinary people to challenge a particular power, force, policy or regime. Civil resistance operates through appeals to the adversary, pressure and co ...
* Confederation (Poland) *
Political corruption Political corruption is the use of powers by government officials or their network contacts for illegitimate private gain. Forms of corruption vary but can include bribery, lobbying, extortion, cronyism, nepotism, parochialism, patronage, influen ...
* Qui tam *
Regulatory capture In politics, regulatory capture (also called agency capture) is a form of corruption of authority that occurs when a political entity, policymaker, or regulator is co-opted to serve the commercial, ideological, or political interests of a minor ...
* Right to protest


References


External links


Locke and the Social Order
* ttp://www.yale.edu/lawweb/avalon/const/ratnc.htm North Carolina Constitution of 1789 {{DEFAULTSORT:Right Of Revolution Political concepts Collective rights Enlightenment philosophy Popular sovereignty Control (social and political) Revolution Concepts in political philosophy