【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).
【3】 朱雲漢，中國大陸興起與全球秩序重組，美麗島電子報，2015年7月3日， http://www.my-formosa.com/DOC_52812.htm （最後瀏覽日：2016年6月6日）。
【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).
【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.”).
【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.”).
【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.”).
【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.’”).
【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）。
【43】公孫策，設想一個沒有國民黨的台灣，風傳媒，2016年2月3日， http://www.storm.mg/article/80752 （最後瀏覽日：2016年5月15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.