民法科学杂志

抽象的

A Constitutional Approach to Contemporary Political Violence

Jan-Erik Lane

The occurrence of political violence today stems much from intra-social conflicts, as e.g. rebels and jihadists challenge peace and political stability in several countries. When rebels and jihadists join forces or in addition fight each other, anarchy is likely to occur. Countries that have fallen into the Hobbesian predicament are to be found in Central Africa, the Middle East as well as Central Asia and South East Asia. The result is huge losses in human lives, enormous casualties as well as destruction of material resources and assets. The remedy is the compromise between the combatants, i.e. a key pact or constitutional agreement that supports the rule of law. Constitutionalism holds the promise of peace and stability also in a Muslim country, as there is nothing in the “Book of God” that prohibits peace and prosperity - i.e. rationality - in the Muslim civilisation.