作者: 阮一峰

日期: 2011年6月 3日


上周,它罕见地发表了一篇政论,不谈下载,完全谈政治。文章的题目叫做《反抗不正义的法律是公民的天职》(It Is Everyone’s Duty To Defy Unjust Laws),作者是瑞典盗版党的创始人Rick Falkvinge。




I sometimes hear people claim that laws exist to be followed. These people are the most dangerous people who exist in a society.


Tyranny is never upheld through law; it is upheld through thousands of bureaucrats that follow the letter of the law just because they believe in rules and law.





Doing so in a conscious way dates back to Socrates, who was the first to claim that there is a moral law that transcends and supersedes the law of the land.

“早在古希腊,苏格拉底就说过,国王的法律之上,还有一种道德的法律(moral law)。”


Laws are not made because they are righteous. Laws are made because they advance somebody’s political career.




A person who considers the orders, rules or laws to be wrong has a duty to defy them. Every single war criminal learned this before they were hanged. On the other hand, many resistance fighters learned the opposite before they were shot.


At the end of the day, you have only your own moral compass. You must decide whether to follow the law, and in considering this, you need to understand why the law was made in the first place.


Usually, it makes sense to follow most laws, most of the time. But not all laws, all of the time. People who are standing waiting at a hung red stoplight at 2am with no human being nor car in sight are not just stupid, but downright dangerous.


Does this mean I encourage breaking the law? No. Mostly it doesn’t mean that because doing so would be too flauntingly illegal. However, in the spirit of discretion, I encourage everybody to follow their own moral compass and to help their fellow human beings.



原文写到这里就结束了,但是它让我想到了另一篇更有名的文章—-19世纪美国作家梭罗的《论公民的不服从》(Civil Disobedience)。




The government itself, which is only the mode which the people have chosen to execute their will, is equally liable to be abused and perverted before the people can act through it.


Governments show thus how successfully men can be imposed upon, even impose on themselves, for their own advantage.


when the power is once in the hands of the people, a majority are permitted, and for a long period continue, to rule is not because they are most likely to be in the right, nor because this seems fairest to the minority, but because they are physically the strongest. But a government in which the majority rule in all cases can not be based on justice, even as far as men understand it.


I think that we should be men first, and subjects afterward. It is not desirable to cultivate a respect for the law, so much as for the right. The only obligation which I have a right to assume is to do at any time what I think right.


But when the friction comes to have its machine, and oppression and robbery are organized, I say, let us not have such a machine any longer.


But it is the fault of the government itself that the remedy is worse than the evil. It makes it worse. Why is it not more apt to anticipate and provide for reform? Why does it not cherish its wise minority? Why does it cry and resist before it is hurt? Why does it not encourage its citizens to put out its faults, and do better than it would have them?


Any man more right than his neighbors constitutes a majority of one already.