前言： 一人一信寫給司法院和大法官羅昌發
設下停損點，找出切入點，知情的翻轉台灣！
註腳
【1】 EPA v.
EME Homer City Generation, L.P., 134
S. Ct. 1584 (U.S. 2014).
【2】 Jonathan H. Adler, The Volokh
Conspiracy: Justice Scalia Is Not the Only One Making Errors, The
Washington Post, May 01, 2014, https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/05/01/justice-scalia-is-not-the-only-one-making-errors/
(last visited June 06, 2016) (“Harvard law professor Richard Lazarus appears to
have been the first to notice Justice Scalia’s mistake, pointing it out to
several of us on an environmental law professor listserv. After spotting
the mistake, Professor Lazarus informed the Court in accord with its
established procedures. And when the opinion was corrected, Professor Lazarus received
a formal notice of the
change, again in accord with the Court’s usual practice.”); LegalPlanet, Richard
Lazarus Formally Notified the Supreme Court of Scalia’s Error, BerckleyLaw
UCLA Law, April 30, 2014, http://legal-planet.org/2014/04/30/richard-lazarus-formally-notified-the-supreme-court-of-scalias-error/
(last visited May 18, 2016).
【4】 橫路，英媒：中國軍事實力實現「大躍進」，英國BBC中文網，2014年3月6日， http://www.bbc.com/zhongwen/trad/press_review/2014/03/140306_press_review_china_defense（最後瀏覽日：2016年6月6日）。
【5】 吳旻洲、張原彰，華人民主燈塔 專家：台選舉促中民主化，大紀元，2015年11月6日， http://www.epochtimes.com/b5/15/11/6/n4567716.htm （最後瀏覽日：2016年6月6日）。
【6】 廖素貞、李怡欣、黃玉燕、郭岳仁，馬習會落幕 在野批馬未尊守民主價值，大紀元，2015年11月9日， http://www.epochtimes.com.tw/n147055/%E9%A6%AC%E7%BF%92%E6%9C%83%E8%90%BD%E5%B9%95-%E5%9C%A8%E9%87%8E%E6%89%B9%E9%A6%AC%E6%9C%AA%E5%A0%85%E5%AE%88%E6%B0%91%E4%B8%BB%E5%83%B9%E5%80%BC.html
（最後瀏覽日：2016年6月6日）。
【7】 Paul
Kahn, Reason and Will in the Origins of
American Constitutionalism, 98 Yale L.J.
449, 453-73
(1989).
【8】 柯林頓，文獻篇：美國總統談廿一世紀美中關係美國國家地理學會華盛頓特區一九九八年六月十一日，美國在台協會，1998年6月26日，http://www.ait.org.tw/zh/officialtext-bg9815.html（最後瀏覽日：2016年1月4日）。
【9】 The Economist, Fear Trumps Hope, May
07, 2016, http://www.economist.com/news/briefing/21698252-donald-trump-going-be-republican-candidate-presidency-terrible-news (last visited May 8, 2016) (“Donald Trump is going
to be the Republican candidate for the presidency. This is terrible news for
Republicans, America and the world.”).
【10】大紀元，梁振英「窮人資格論」引輿論嘩然，大紀元，2014年10月21日， http://www.epochtimes.com/b5/14/10/21/n4277452.htm（最後瀏覽日：2016年3月11日）。
【11】梁婉渝，建中校長：名校畢業的人跟國小畢業的無業遊民「都是一人一票，這是不公平的」，風傳媒，2015年11月21日， https://tw.news.yahoo.com/%E5%BB%BA%E4%B8%AD%E6%A0%A1%E9%95%B7-%E5%90%8D%E6%A0%A1%E7%95%A2%E6%A5%AD%E7%9A%84%E4%BA%BA%E8%B7%9F%E5%9C%8B%E5%B0%8F%E7%95%A2%E6%A5%AD%E7%9A%84%E7%84%A1%E6%A5%AD%E9%81%8A%E6%B0%91-%E9%83%BD%E6%98%AF-%E4%BA%BA-%E7%A5%A8-%E9%80%99%E6%98%AF%E4%B8%8D%E5%85%AC%E5%B9%B3%E7%9A%84-044200682.html（最後瀏覽日：2016年5月14日）；中時電子報，建中校長徐建國談話遭斷章取義《東海東》聲明稿致歉，2015年11月23日， http://www.chinatimes.com/realtimenews/20151123001856-260401（最後瀏覽日：2016年3月11日）。
【12】James
Madison or Alexander Hamilton, Federalist
No 49, Method of
Guarding Against the Encroachments of Any One Department of Government by
Appealing to the People Through a Convention, February 5, 1788
(“But it is the reason, alone, of the public,
that ought to control and regulate the government. The passions ought to be
controlled and regulated by the government.”).
【13】Thomas Paine, Age of Reason, 1794
(“The most formidable weapon against errors of
every kind is Reason. I have never used any other, and I trust I never
shall.”).
【14】President Barrack
Obama’s Commencement Speech at Rutgers University on May 15, 2016, https://www.youtube.com/watch?v=SQ9jJm_q5Jo
(last visited May 23, 2016).
【15】Robert
Johnson, Kant's Moral Philosophy, The Stanford Encyclopedia
of Philosophy (Summer 2014 Edition), Edward N. Zalta (ed.), http://plato.stanford.edu/archives/sum2014/entries/kant-moral/
(last visited June 06, 2016) (“This argument was based on his striking doctrine that
a rational will must be regarded as autonomous, or free in the sense of being
the author of the law that binds it. The fundamental principle of morality - the CI - is none other than the law of an
autonomous will. Thus, at the heart of Kant's moral philosophy is a conception
of reason whose reach in practical affairs goes well beyond that of a Human
‘slave’ to the passions. Moreover, it is the presence of this self-governing
reason in each person that Kant thought offered decisive grounds for viewing
each as possessed of equal worth and deserving of equal respect.”).
【16】Meredith Doig, Reason vs Emotion: Key Drivers in the History of Moral Progress, http://www.hsnsw.asn.au/articles/ReasonVsEmotion-MDoig.pdf (last visited June 06, 2016)
(“Plato saw Reason and Emotion as two horses pulling a chariot in different
directions, while the charioteer struggles to get them to work as a team. He
proposed that the human soul comprises three parts: Reason, the Appetites and
the Will. Only when the Appetites and the Will are working under the control of
Reason can the soul be fully human. Both Plato and Aristotle saw Reason as
inherently superior to the Emotions, with Aristotle arguing that human
happiness depends on the
exercise of Reason. This idea of the superiority of Reason influenced
philosophers for centuries. Reason was what distinguished humans from the
animals and the emotions simply got in the way of its proper exercise.”).
【17】BBC中文網，台北討論會：台灣民主何去何從，2014年11月25日， https://www.youtube.com/watch?v=27W8Hk_GN5o（最後瀏覽日：2016年3月11日）。
【18】Johnson, supra note 15 (“This
argument was based on his striking doctrine that a rational will must be
regarded as autonomous, or free in the sense of being the author of the law
that binds it. The fundamental principle of morality - the CI - is none other than the
law of an autonomous will. Thus, at the heart of Kant's moral philosophy is a
conception of reason whose reach in practical affairs goes well beyond that of
a Human ‘slave’ to the passions. Moreover, it is the presence of this
self-governing reason in each person that Kant thought offered decisive grounds
for viewing each as possessed of equal worth and deserving of equal respect.”).
【19】The Declaration of Independence, July 4, 1776
(“We hold these truths to be self-evident, that all men are created equal, that
they are endowed by their Creator with certain unalienable Rights, that among
these are Life, Liberty and the pursuit of Happiness.”).
【20】Alexis De Tocqueville,
Democracy in America, 1835 (“In
aristocratic societies men do not need to combine in order to act, because they
are strongly held together. Every wealthy and powerful citizen constitutes the
head of a permanent and compulsory association, composed of all those who are
dependent upon him, or whom he makes subservient to the execution of his
designs. Amongst democratic nations, on the contrary, all the citizens are
independent and feeble; they can do hardly anything by themselves, and none of
them can oblige his fellow-men to lend him their assistance. They all,
therefore, fall into a state of incapacity, if they do not learn voluntarily to
help each other. If men living in democratic countries had no right and no
inclination to associate for political purposes, their independence would be in
great jeopardy; but they might long preserve their wealth and their
cultivation: whereas if they never acquired the habit of forming associations
in ordinary life, civilization itself would be endangered.”).
【21】Id. (“Americans
of all ages, all conditions, and all dispositions, constantly form
associations....The Americans make associations to give entertainments, to
found establishments for education, to build inns, to construct churches, to
diffuse books, to send missionaries to the antipodes; and in this manner they
found hospitals, prisons, and schools....Wherever at the head of some new
undertaking you see the government in France, or a man of rank in England, in
the United States you will be sure to find an association...I have often
admired the extreme skill with which the inhabitants of the United States
succeed in proposing a common object to the exertions of a great many men, and
in getting them voluntarily to pursue it.”).
【23】同上。
【24】同上。
【25】De Tocqueville, supra note 20 (“They
contend that the more enfeebled and incompetent the citizens become, the more
able and active the government ought to be rendered, in order that society at
large may execute what individuals can no longer accomplish.”).
【26】Id. (“It is probable that if these 100,000 men had lived
in France, each of them would singly have memorialized the government to watch
the public houses all over the kingdom.”).
【27】Robert D. Putnam, About the Book Bowling Alone: The Collapse and
Revival of American Community, http://bowlingalone.com/ (last visited April 30, 2016) (“Putnam warns that our stock of social capital – the very fabric of our connections with each other, has
plummeted, impoverishing our lives and communities.”). 社會資本指的是源自於人際關係的信任、互惠、訊息的流動與合作，產生的集體價值。The
Saguaro Seminar of Harvard Kennedy School, About Social Capital, https://www.hks.harvard.edu/programs/saguaro/about-social-capital (last visited June 06, 2016)
(“The central premise of social capital is that
social networks have value. Social capital refers to the collective value of
all "social networks" [who people know] and the inclinations that
arise from these networks to do things for each other ["norms of
reciprocity"]. The term social capital emphasizes not just warm and cuddly
feelings, but a wide variety of quite specific benefits that flow from the
trust, reciprocity, information, and cooperation associated with social
networks.”).
【28】劉宏恩，GMP爭議比傑克更神奇，蘋果日報，2014年9月13日， http://www.appledaily.com.tw/realtimenews/article/new/20140913/468970/
（最後瀏覽日：2016年5月15日）。
【29】De Tocqueville, supra note 20 (“If
each citizen did not learn, in proportion as he individually becomes more
feeble, and consequently more incapable of preserving his freedom
single-handed, to combine with his fellow-citizens for the purpose of defending
it, it is clear that tyranny would unavoidably increase together with
equality.”); Francis Fukuyama, Social capital, civil society and development,
(“It was only by coming together in civil associations that weak individuals
became strong; the associations they formed could either participate directly
in political life (as in the case of a political party or interest group) or could
serve as ‘schools of citizenship’ where individuals learned the habits of
co-operation that would eventually carry over into public life.”).
【30】Report of the Secretary-General: The Rule of Law and Transitional Justice in Conflict and Post-conflict Societies, 2004, http://www.ipu.org/splz-e/unga07/law.pdf (last visited June 06, 2016) (“It refers to a principle of governance in which all persons,
institutions and entities, public and private, including the State itself, are
accountable to laws that are publicly promulgated, equally enforced and
independently adjudicated, and which are consistent with international human
rights norms and standards. It requires, as well, measures to ensure adherence
to the principles of supremacy of law, equality before the law, accountability
to the law, fairness in the application of the law, separation of powers,
participation in decision-making, legal certainty, avoidance of arbitrariness
and procedural and legal transparency.”).
【31】U.S. Department of State, Rule of Law,
2005, http://www.ait.org.tw/infousa/zhtw/DOCS/prinDemocracy/law.html (last visited April 30, 2016) (“Rule of law means that no individual, president or
private citizen, stands above law. Democratic governments exercise authority by
way of law and are themselves subject to law's constraints. Laws should express
the will of the people, not the whims of kings, dictators, military officials,
religious leaders, or self-appointed political parties.”).
【32】Brown v.
Board of Education, 347 U.S. 483 (U.S. 1954).
【33】J. W. Peltason,
58 Lonely Men: Southern Federal Judges and School Desegregation,
Illini Books edition 1971 (“This was a United States district court, to
southern Negroes a sanctuary-one governmental body in the South where they feel
they have a chance for a fair hearing, to have their claims dealt with
uninfluenced by the fact that the decision-maker depends on white votes to
retain his position.”).
【34】Id. at 166 (“Blossom asked the parents not to
accompany their children to school for fear that their presence might provoke
trouble. He assured them that steps had been taken to assure the safety of
their children. And so, as one parent said, ‘We turned our children over to the
white people.’”).
【35】Id. at 169 (“He added he had given careful
consideration to the problem, but: ‘It must never be forgotten that I have a
constitutional duty and obligation from which I shall not shrink.” He called
the boards’ petition for delay “anemic” and rejected it. “in organized society
there can be nothing but ultimate confusion and chaos,’ he said, ‘if the court
decrees are flouted, whatever the pretext......’”).
【36】Id. at 168 (“In Washington President Eisenhower
commented: ‘We are going to whip this thing in the long run by Americans being
true to themselves and not merely by law.’........The President said: ‘When I
became President, I took an oath to support and defend the Constitution of the
United States. The only assurance I can give you is that the federal Constitution
will be upheld by me, by every legal means at my command.’”).
【37】Id.
【38】Natasha
from New Haven, Child Hero: The Little Rock Nine, updated May 16, 2016, http://myhero.com/hero.asp?hero=Little_Rock_Nine_HSC_07 (last visited June 05, 2016).
【39】Marjorie
Hunter, Obituaries: Judge J. Skelly Wright, Segregation Foe, Dies at 77,
The New York Times, August 8, 1988,
http://www.nytimes.com/1988/08/08/obituaries/judge-j-skelly-wright-segregation-foe-dies-at-77.html(last visited June 5, 2016).
【40】Peltason, supra note 33 (“This
was a United States district court, to southern Negroes a sanctuary-one
governmental body in the South where they feel they have a chance for a fair
hearing, to have their claims dealt with uninfluenced by the fact that the
decision-maker depends on white votes to retain his position.”).
【41】The School of Life, Why Some Countries Are Poor and Others Rich?
November 24, 2014, https://www.youtube.com/watch?v=9-4V3HR696k
(last visited May 15, 2016) (“There is a second thing that keeps poor countries poor, culture – what goes on
in people’s minds, outlooks and beliefs. A striking statistic pops here in
relation to religion. If there’s one generalization you can make about religion
and wealth, it’s that the less people believe, the richer they stand a chance
of being. 19 of the richest countries in the world have 70% or more of their
populations saying that religion is not at all important to them. And
conversely, the poorest nations in the world are also extremely believing ones.
Here’s how many people think religion and the supernatural is deeply important
in the following countries: In the world’s poorest country, simply everyone is
a believer. Why is belief quite so bad for wealth creation? Because in general,
religiosity is connected up with the idea that the here and now can’t be
improved, so you should focus on the spiritual and look forward to a next world
instead. It makes quite a bit of sense when you live in horrible conditions. In
the rich world on the other hand, people are generally great believers in their
capacity to alter their destiny through effort and talent.”).
【42】彭明輝，如果台灣獨立了，清大彭明輝的部落格，2014年7月13日， http://mhperng.blogspot.tw/2014/07/blog-post_13.html
（最後瀏覽日：2016年5月14日）。
【44】RSA Shorts Expresso for the Minds, Brene Brown on Blame, https://www.youtube.com/watch?v=RZWf2_2L2v8 (last visited May 15, 2016) (“Blame
is simply the discharging of discomfort and pain. It has an inverse
relationship with accountability. Accountability, by definition, is a
vulnerable process. It means me calling you and saying “My feelings were hurt
about this.” And talking, not blaming. Blaming
is simply a way that we discharge anger. People who blame a lot, seldom have
the tenacity or grit to hold people accountable, because we spend all of our energy
raging for 15 seconds and figuring out whose fault something is.”); Oxford”
Learner’s Dictionaries, http://www.oxfordlearnersdictionaries.com/definition/english/accountability?q=accountability
(last visited May 15, 2016) (“Accountability: the
fact of being responsible for your decisions or actions and expected to explain
them when you are asked”).
【45】Rachel
Rostad, Response to Critiques of “To J. K. Rowling, from Cho Chang”
YouTube, April 15, 2013, https://www.youtube.com/watch?v=04qQ1eNGJwM.
【46】歐陽哲生，五四運動的歷史詮釋，頁107。
【47】李敖，播種者胡適，1961年。
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