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 ***** the Second Amendment

In the United States Constitution, ***** Second Amendment contains the rights 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 deb*****te that has remained unresolved, especially if a controversi*****l or celebrated case concerning the right ***** bear arms is in focus.

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

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

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

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

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