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

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 ***** Interpretation of the Second Amendment

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

***** research provides an alternative way of look*****g at this issue, wherein ***** issue of the right to bear arms is argued based on the judicial system's interpretation ***** this right: whe*****r the right to bear arms should be interpreted ***** on an individualist ***** collectivist point of view.

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

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

***** (2003) argued against Busch's position regarding the interpretation ***** ***** right. For him, the right to bear ***** is ***** part of


Download complete paper (and others like it)    |    Order a brand new, custom paper

© 2001–2015   |   Term Papers about Right to Bear Arms Should Civil Society Have the Right   |   Dissertations Samples