José-Antonio Santos, Madrid: The Basis of the Right to Resistance in the Legal Thought of Arthur Kaufmann

Abstract: This paper discusses two of the main theories regarding the right to resistance: first, that the right to resistance is that of resistance against injustice; and secondly, that the right to resistance is the original, or most basic of all rights. The analysis provides a characterization of the nature of the right to resistance, that is, whether it is a moral right or a properly legal right. On the other hand, we raise the question as to whether the right to resistance can even be considered a fundamental and/or original right. We also look at the role of this right in a lawless state as opposed to a state governed by the rule of law. Thus, the paper concludes with an examination of the conception of resistance in a state governed by the rule of law, by means of a small-coin right of resistance.

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