Izvorni znanstveni članak

https://doi.org/10.21464/fi44206

Two Views on the Right of Resistance. Kant’s Denial of the Right of Resistance, and the Resistance to Tyranny as the Duty of the People in Vindiciae contra tyrannos

Marko Dokić orcid.org/0000-0002-6328-4683 ; Univerzitet Crne Gore, Pravni fakultet, Ulica 13. jula 2, ME–81000 Podgorica
Vladimir Bakrač orcid.org/0000-0002-8744-993X ; Univerzitet Crne Gore, Filozofski fakultet, Danila Bojovića bb, ME–81400 Podgorica
Andreja Mihailović ; Univerzitet Crne Gore, Pravni fakultet, Ulica 13. jula 2, ME–81000 Podgorica

Sažetak

This paper examines the relationship between the ruler and the people in the legal philosophy of Immanuel Kant and the monarchomachical tract Vindiciae contra tyrannos, addressing the question of whether the people can resist and overthrow a tyrant. The first part of the paper analyses Kant’s legal philosophy and his rejection of the people’s right of resistance, since he believed that a ruler has only rights and no duties towards his subjects. Kant saw the state as the centre of freedom, because it guarantees the coexistence of individual freedom through law. Consequently, he denies the right of resistance, equating an attack on the authority of the state with an attack on freedom. The second part examines the concept of resistance in Vindiciae contra tyrannos, which is based on the existence of two types of contract – the covenant between the ruler and the people with God, and the contract of government or the contract of submission between the ruler and the people. The doctrine of the Vindiciae contra tyrannos, which interprets resistance to tyranny not as a right but as a duty, is examined through the lens of the major conceptions of subjective rights and legal duties. Finally, the conclusion offers a comparison of these two perspectives on the right to resist.

Ključne riječi

Immanuel Kant; legal philosophy; resistance; Monarchomachs; Vindiciae contra tyrannos

Hrčak ID:

327512

URI

https://hrcak.srce.hr/327512

Datum izdavanja:

7.11.2024.

Podaci na drugim jezicima: hrvatski

Posjeta: 219 *