The Human Right to Participate in Armed Revolution and Related Forms of Social Violence: Testing the Limits of Permissibility

37 Pages Posted: 7 Jun 2014

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: 1983

Abstract

This article explores the foundations, legality, and limits of the human right to participate in armed revolution, a right claimed and exercised in the United States and France in the 18th Century. The article identifies relevant views of the Founders and Framers and, in particular, the expectation that authority remains with the people although governments have certain delegated powers. The right of revolution is also addressed with respect to its relation to international legal precepts of authority, human rights, and self-determination of people. Criteria regarding permissibility are explored as well as the nature of a process of authority.

Keywords: American Revolution, authority, Declaration of Independence, Founders, Framers, France, government, human right, international law, oppression, people, process of review, self-determination, revolution, violence, will of the people

Suggested Citation

Paust, Jordan J., The Human Right to Participate in Armed Revolution and Related Forms of Social Violence: Testing the Limits of Permissibility (1983). 32 Emory Law Journal 545 (1983), U of Houston Law Center No. 2014-A-27, Available at SSRN: https://ssrn.com/abstract=2446636

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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