Essay - Right to Bear Arms Should Civil Society Have the Right...


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
Copyright Notice

Right to bear arms

Should civil society have the right to bear *****? A Critical Look on the Issue of Individualism and Collectivism in the Interpretation ***** the Second Amendment

In the United States Constitution, ***** Second ***** contains the *****s of citizens as individuals, of which ***** 'right to ***** arms' is considered part of the conditions stated. The issue of a citizen's right to bear arms, or guns, is a deb*****te that has remained unresolved, especially if a controversial or celebrated case concerning the right ***** bear arms is in focus.

***** research provides an alternative way of looking at this issue, wherein ***** ***** of the right to bear arms is argued based on the judicial system's interpret*****ion ***** this *****: whether the right to bear arms should be interpreted based on an individualist ***** collectivist point of view.

The ********** ***** will be discussed in this paper assumes the stance that the right to bear ***** should be based on a collectivist view, for every individual right, if subjected ***** interpretati*****s favoring individual purposes only, would defeat the objectives of ***** formation of the Constitution itself. Thus, in accordance to the objectives of the Constitution, which is ***** guide both ***** society and ***** political system in governance and to ensure social order, the right ***** bear arms must be interpreted in ***** context of the individual vis-a-vis his/her rights' effect on ***** society. Thus, if the right to bear arms caused or ***** cause detriment to the civil society, *****n ***** ***** should not be ***** an argument for ***** individual to still attain this right, and held not liable ***** whatever ***** the attainment of such right has for the civil ***** or one's community.

***** ***** of view was subsisted in Busch's (2003) analysis ***** the ***** United States vs. Emerson, wherein the issue of ***** right to ***** arms surfaced. In analyzing the Court's decision to defer ********** right to *****ar arms, Busch stated that ***** decision ***** made because the ***** decision was "collective" in nature, where***** the welfare of the civil society, and the danger posed by Emerson became ***** contentions against his case. In asserting that the right to bear arms must be interpreted in the ***** point of view, the author rationalized that "the more collectively ***** right is interpreted, the more broadly Congress can legislate ***** restrict the right to *****ar arms" (347). In effect, what made sense in Busch's analysis is that ***** particular right, as ***** ***** the Constitution, must be ***** in the proper *****. Thus, Emerson's ownership ***** a gun for militi***** *****, whether he ***** the intent to use this or *****, is a threat to civil ********** hence, ***** Court's decision ***** deny him his rights to *****ar arms is considered just, in the collectivist's po*****t of view.

***** (*****) argued against Busch's position regarding the interpretation ***** ***** right. For him, the right ***** bear ***** is considered part of

. . . . [END OF DISSERTATION PREVIEW]

Download entire paper (and others like it)    |    Order a brand new, custom-written paper

© 2001–2017   |   Term Paper about Right to Bear Arms Should Civil Society Have the Right   |   Essay Example