TURN OF AN ERA Cover Image

TURN OF AN ERA
TURN OF AN ERA

Author(s): Koeck Heribert Franz
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: C.H. Beck Publishing House - Romania
Keywords: aggression; common good; defaitism; democracy; free world; human rights; pluralism; right to resistance; Russia ; Third World War; totalitarianism ; Ukraine ; the West;

Summary/Abstract: The present war in Europe caused by Russian aggression against Ukraine in early 2022 has turned out to become a fight between a totalitarian systemwith disregard of human rights and its sympathizers world-wide anda pluralistic system based on democracy and the respect for, comprising the protection of, human rights. Wladimir Putin has declared the latter system to be outdated and demands a new world order in which Russia should have a decisive say.Since presently Russia is not ready to reverse its course and ambitions, no just peace for Ukraineis feasible. Ifthe aggressor does not step down, the conflict might lead to a Third World War.Under these circumstances, not a few people would be ready to surrender to the unjust aggressor in order to preserve their naked lives. This, however, runs counter to the truth that the reason of life must not be sacrificed for a life without reason. Moreover, such a sacrifice cannot be imposed by the one upon the other; therefore, the (only!) justification of a state’s existence is the preservation of the common good, including peace and freedom, according to the idea of individual or collective self-defense. If the state fails to live up to this obligation, everyone has the right to resistance, even in its active form. Resistance is justified even against decisions adopted by a democratically legitimized majority, because democracy is not an end in itself; it is but a tool for establishing and protecting the common good. If the tool turns useless, it has to be substituted by other more expedient means. Presently, it is not possible to predict the outcome of this epochal struggle with any certainty. We can only pray to God that the worst scenario will not materialize.

  • Issue Year: 15/2023
  • Issue No: 1
  • Page Range: 99-102
  • Page Count: 4
  • Language: English