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


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Right to bear arms

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

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

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

The thesis ***** will ***** discussed in this paper assumes the st*****ce that the right ***** bear arms should be based on a collectivist view, for every individual right, if subjected to interpretations 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 the political system in governance and to ensure social order, the right ***** *****ar arms must be interpreted in ***** context of the *****dividual vis-a-vis his/her rights' effect on the *****. Thus, ***** the right to bear ***** caused or ***** cause detriment to the civil society, *****n ***** right should not be considered an argument for ***** individual to still attain this right, and held not liable ***** whatever detriment the attainment of such right has for the civil society or one's community.

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

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

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