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 arms? A Critical Look on the Issue of Individualism and Collectivism in ***** Interpretation of the Second Amendment

In the United States Constitution, the Second Amendment conta*****s 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 ***** bear arms, or guns, is a debate that h***** remained unresolved, especially if a controversial or celebrated case concerning the right to bear arms is in focus.

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

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

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

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

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