Dissertation
On the nature of the right to resist: a rights-based theory of the ius resistendi in liberal democracies
On 7 September, Francesc Claret Traid defended the thesis 'On the nature of the right to resist: a rights-based theory of the ius resistendi in liberal democracies'. The doctoral research was supervised by Afshin Ellian and Gelijn Molier.
- Author
- Francesc Claret Traid
- Date
- 07 September 2023
- Links
- On the nature of the right to resist: a rights-based theory of the ius resistendi in liberal democracies
Contesting the nature of right to resist continues to be of concern to those in power, for it poses the fundamental question about their legitimacy. From to Antigone to the Occupy Wall Street movement, individuals and communities have expressed their grievances and resisted oppression through a myriad of political strategies. And although those that take the streets have traditionally used the language of rights and appealed to a higher law to vindicate their claims, resistance has usually been considered a political or, rather, a security affair. The thesis explores the ius resistendi to vindicate its rightful place in a legal and normative order, that of liberal democracies, that cannot be understood without it. Indeed, no theory of law can be completed without considering the ius resistendi because it is the right that defines the political, moral and legal boundaries of any given normative system. The thesis uses legal probe to demonstrate that there are no reasons why the ius resistendi could not be considered a legal right, except for political opportunity. Its objective, therefore, is to provide those that legitimately assert their ius resistendi with legal arguments about the rightfulness of their claiming. The thesis challenges some postulates of liberal legal theory and develops a broader theory of rights, one in which reserved rights are part of a democratic normative system that performs in a manner consistent with its fundamental values. A primary, indeterminate right, the ius resistendi, I contend, embodies the Arendtian right to have rights.