Rightful resistance

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Blank pieces of paper stuck to the characters "Zi You " ("Freedom"), part of the Core Socialist Values slogan board at Xidian University in November 2022 Blank Paper Stuck on "Freedom" the Slogan Board in Xidian University as Protest, Nov 27 2022 (cropped).jpg
Blank pieces of paper stuck to the characters "自由" ("Freedom"), part of the Core Socialist Values slogan board at Xidian University in November 2022

Rightful resistance is a form of partially institutionalized popular contention against the state whereby aggrieved citizens seek to legitimize their causes by making use of state's own laws, policies or rhetoric in framing their protests. Rightful resistance is contrasted with other forms of popular protest where citizens challenge the legitimacy of rulers; the rightful resister accepts the legitimacy of laws, policies and core values of the state, but protests when they perceive that authorities have failed to deliver on their own promises, or have defied the laws or widely accepted values. Rightful resisters are characterized by the peaceful nature of their protests, which often make use of institutionalized channels of dissent. Unlike more conventional resisters who may employ covert or quiet means of sabotage against the state, rightful resisters actively seek the attention of the elites, and their protests are public and open. [1]

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The concept was first explained by the political scientist Kevin O'Brien in the 1996 article Rightful Resistance, which focused on its applications in rural China, as well as in a variety of other political settings, including the United States and South Africa. The concept was elaborated on in O'Brien and Lianjiang Li's 2006 book Rightful Resistance in Rural China, [2] and has been adopted by a number of other social change theorists to describe the methods by which citizens may gradually seek to advance their rights and interests.

Examples of rightful resistance

China

The concept of rightful resistance was initially used to describe protest actions adopted in rural China, where citizens confront a range of grievances stemming from official corruption, environmental pollution, predatory taxes, and economic misappropriation, among others. As the "rights consciousness" of Chinese citizens grew in the era of Deng Xiaoping and onward, citizens began making use of petitioning channels, the legal system, and of central government directives to hold local-level authorities to account. To illustrate, O'Brien provides the example of a group of villagers in Henan province facing excessive taxes from local authorities. In response, the villages presented authorities with a copy of central government regulations which prescribed strict limits of taxes, and threatened that if the local authorities failed to drop the excessive taxes, they would take their complaints up the ladder. [1]

Rightful resistance in China can also manifests in a variety of other ways, include use of the petitioning system, village elections, and legal system to seek redress against grievances. Weiquan (rights defending) lawyers, who regularly defy authorities by defending individuals whose human or civil rights have been violated by the party-state, have been described as engaging in a form of rightful resistance. [3] Weiquan lawyers typically frame their arguments by making appeals to China's constitution, arguing that abuses of human rights—sanctioned as they may be by the state—are in contravention of the country's laws. [4]

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Weiquan lawyers, or rights protection lawyers, refer to a small but influential movement of lawyers, legal practitioners, scholars and activists who help Chinese citizens to assert their constitutional, civil rights and/or public interest through litigation and legal activism. Weiquan lawyers represents many cases regarding labour rights, land rights, official corruption, victims of torture, migrants' rights.

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Strawman theory is a pseudolegal conspiracy theory originating in the redemption/A4V movement and prevalent in antigovernment and tax protester movements such as sovereign citizens and freemen on the land. The theory holds that an individual has two personas, one of flesh and blood and the other a separate legal personality.

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<span class="mw-page-title-main">Right to resist</span> Human right

The right to resist is a nearly universally acknowledged human right, although its scope and content are controversial. The right to resist, depending on how it is defined, can take the form of civil disobedience or armed resistance against a tyrannical government or foreign occupation; whether it also extends to non-tyrannical governments is disputed. Although Hersch Lauterpacht, one of the most distinguished jurists, called the right to resist the supreme human right, this right's position in international human rights law is tenuous and rarely discussed. Forty-two countries explicitly recognize a constitutional right to resist, as does the African Charter on Human and Peoples' Rights.

References

  1. 1 2 O'Brien, Kevin J. (October 1996). "Rightful Resistance". World Politics . 49 (1): 31–55. doi:10.1353/wp.1996.0022. ISSN   0043-8871. S2CID   201748742.
  2. O'Brien, Kevin J.; Li, Lianjiang (2006-02-13). Rightful Resistance in Rural China (1 ed.). Cambridge University Press. doi:10.1017/cbo9780511791086. ISBN   978-0-521-86131-1.
  3. Pils, Eva (2009). "The Practice of Law as Conscientious Resistance: Chinese Weiquan Lawyers' Experience". Rochester, NY. doi: 10.2139/ssrn.1564447 . SSRN   1564447.{{cite journal}}: Cite journal requires |journal= (help)
  4. Hand, Keith J. (2006-01-01). "Using Law for a Righteous Purpose: The Sun Zhigang Incident and Evolving Forms of Citizen Action in the People's Republic of China". Columbia Journal of Transnational Law . Rochester, NY. SSRN   1972011.