“是你教会了我和平游行是没有用的”,不文明的不服从和香港抗议活动

Jane Richards
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引用次数: 2

摘要

香港的“一国两制”模式否认公民享有有意义的政治平等。相反,公民们与政府进行了对话,并通过抗议获得了在政治上的立足点。然而,这种平衡在2019年至2020年被打破。抗议活动的规模、持续时间、广泛的支持和参与都是前所未有的。然而,政府拒绝参与任何形式的对话或审议行动。这种拒绝,加上警察过度使用武力,引发了从公民不服从到有原则的非公民不服从的前所未有的升级。本文认为,有原则的不文明抗命的升级不仅是合理的,而且满足了公民抵制不公正的义务。它依赖于Candice Delmas的法律和政治理论,认为虽然公民有遵守法律的初步义务,但当法律或政策变得不公正时,公民可能有义务抵制这种不公正,即使这意味着违反法律。为了说明这一点,一种已经变得普遍的有原则的不文明的不服从——涂鸦——被用作分析的镜头。涂鸦通过收回空间来传达抗议者的不满和颠覆权威。它既是运动的寓言,也是城市的寓言;正如城市景观被抗议活动永久性地改变了一样,香港也被这段动荡时期改变了。
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‘It was you who taught me that peaceful marches did not work’, Uncivil Disobedience and the Hong Kong Protests
Hong Kong’s one country, two systems model denies meaningful political equality for citizens. Instead citizens have engaged government in dialogue and have been granted a foothold in politics through protest. However, this equilibrium was upset in 2019 to 2020. Protests took place that were unprecedented in their scale, duration, widespread support and participation. And yet, government refused to engage in any kind of dialogue or deliberative action. This refusal, along with the use of excessive force by police, provoked an unprecedented escalation from civil disobedience to principled uncivil disobedience. This article argues that the escalation of principled uncivil disobedience was not only justified, but satisfied a duty that citizens have to resist injustice. It relies on the legal and political theory of Candice Delmas, arguing that while citizens have a prima facie obligation to obey the law, where law or policy becomes unjust, citizens may have a duty to resist that injustice, even if it means breaking the law. To illustrate this point, one type of principled uncivil disobedience that has become prevalent – graffiti – is used as an analytical lens. Graffiti communicates protestors’ grievances and subverts authority by reclaiming the space. It is allegorical of both the movement and the city; just as the cityscape has been permanently altered by the protests, so too has Hong Kong been changed by this period of unrest.
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来源期刊
CiteScore
0.50
自引率
0.00%
发文量
9
期刊介绍: The Asia-Pacific Journal on Human Rights and the Law is the world’s only law journal offering scholars a forum in which to present comparative, international and national research dealing specifically with issues of law and human rights in the Asia-Pacific region. Neither a lobby group nor tied to any particular ideology, the Asia-Pacific Journal on Human Rights and the Law is a scientific journal dedicated to responding to the need for a periodical publication dealing with the legal challenges of human rights issues in one of the world’s most diverse and dynamic regions.
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