人权还是法治——东非的选择?

C. Stern
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引用次数: 1

摘要

在世界范围内,有什么政治事业比人权更受欢迎?也许是法治。公民政府的这两个崇高而重要的目标- -这两个目标在当今都具有不可估量的价值- -通常是相辅相成的。没有法治的保护,人权是不安全的,还有什么人权比依法受到对待、不受强权摆布的权利更基本呢?人权和法治似乎是站在一起的。那么,在人权与法治对立的情况下,在人权与法治最需要相互支持的情况下,在遇到来自其他力量的足够多的反对的情况下,又该如何呢?本文的论点是,在东非,人权和法治很可能是对立的,不能共存。可以肯定的是,在东非和其他地方一样,一些人权可以与一些法治概念共存。但是,对东非来说,既要拥有国际社会普遍支持、东非国家自己也认可的全面人权,同时又要拥有严格的法治实践,这似乎是根本不可能做到的事情。这篇文章的论点很直截了当。第一部分描述了法治,它的重要性,以及(简要地)它在东非的处理。第二部分描述了人权、人权的两个主要部分,以及(简要地)人权在东非的待遇。第三部分解释了法治与人权在东非的冲突。第四部分是结论,指出这种冲突是奢侈的西方帝国主义造成的,这种帝国主义帮助剥夺了东非的人权和法治。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Human Rights or the Rule of Law — The Choice for East Africa?
The world over, what political cause is celebrated more than human rights? The rule of law, perhaps. These two noble and important objects of civil government — both valued as of inestimable worth these days — usually are complementary. Human rights are insecure without the rule of law to protect them, and what human right is more fundamental than the right to be treated in accordance with the law and not the whim of the mighty? Human rights and the rule of law seem to stand together. How then, when human rights and the rule of law stand opposed, and in circumstances where they most need each other’s mutual support and meet opposition enough from other forces?It is the thesis of this article that in East Africa human rights and the rule of law very likely stand opposed and cannot coexist. To be sure, some human rights can coexist with some notion of the rule of law in East Africa, as elsewhere. But for East Africa to play host to the full panoply of human rights as commonly supported by the international community and endorsed by East African nations themselves, and at the same time to play host to a rigorous practice of the rule of law, appears to be something that simply cannot be done.The argument of this article is straightforward. Part I describes the rule of law, its importance, and (briefly) its treatment in East Africa. Part II describes human rights, their two major divisions, and (briefly) their treatment in East Africa. Part III explains how the rule of law and human rights collide in East Africa. Part IV, the conclusion, suggests that this collision is the result of an extravagant Western imperialism that has helped deprive East Africa both of human rights and of the rule of law.
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