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Journal Article

The right to possess arms: The intent of the framers of the Second Amendment

01 Jan 1992-Journal on firearms and public policy (Second Amendment Foundation)-Vol. 4, Iss: 1, pp 127-158
TL;DR: The authors demonstrate that some courts exhibit a profound misunderstanding of the purposes or intent behind the Second Amendment, or demonstrate a disturbing willingness to simply ignore history and any favorable case law or writings in a concerted effort to turn the second amendment into a hollow shell, lacking any force and effect.
Abstract: This article will demonstrate that some courts exhibit a profound misunderstanding of the purposes or intent behind the Second Amendment, or demonstrate a disturbing willingness to simply ignore history and any favorable case law or writings in a concerted effort to turn the Second Amendment into a hollow shell, lacking any force and effect.
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Journal Article
TL;DR: In this article, a brief explication of the meaning of the Second Amendment is given and the manner in which the debate over this Amendment has been depicted in recent news accounts and proceeds to the two chief emergent critiques of Second Amendment analysis: the individualist view and the so-called right of revolution.
Abstract: This Article proceeds, first, with a brief explication of the meaning of the Second Amendment. It then examines the manner in which the debate over this Amendment has been depicted in recent news accounts and proceeds to the two chief emergent critiques of Second Amendment analysis: the individualist view and the so-called right of revolution. Following that, four collateral claims arising from and connected with the individualist and revolutionist perspectives are examined in light of an assessment of the provenance of Second Amendment writings in law journals, as is the reputed role of the Fourteenth Amendment. Finally, three explanations are offered for the emergence of this new body of writing on the Second Amendment.

18 citations

Posted Content
TL;DR: The authors explores the parallels between the right of armed self-defense and the woman's right to abortion and demonstrates that the theories and principles advanced to support the abortion right intersect substantially with an individual's right of self-defence.
Abstract: In this article, Professor Nicholas J. Johnson explores the parallels between the right of armed self-defense and the woman's right to abortion. Professor Johnson demonstrates that the theories and principles advanced to support the abortion right intersect substantially with an individual's right to armed self-defense. Professor Johnson uncovers common ground between the gun and abortion rights - two rights that have come to symbolize society's deepest social and cultural divisions - divisions that prompt many to embrace the abortion right while summarily rejecting the gun right. Unreflective disparagement of the gun right, he argues, threatens the vitality of the abortion choice theories with which gun-rights arguments intersect and suggests that society's most difficult questions are settled not on principle, but by people's passions.

11 citations

Journal ArticleDOI
TL;DR: A preventive approach can be applied to resolving each of our major environmental problems, from hazardous air pollution to the solid waste crisis as mentioned in this paper, by encouraging companies to follow the lead of firms like Dupont and IBM by committing themselves to drastic reductions in toxic emissions and elimination of toxic substances from their production processes.
Abstract: way we live, work, and do business in order to prevent pollution. A preventive approach can be applied to resolving each of our major environmental problems, from hazardous air pollution to the solid waste crisis. In curbing air pollution, a preventive approach means, encouraging companies to follow the lead of firms like Dupont and IBM by committing themselves to drastic reductions in toxic emissions and elimination of toxic substances from their production processes. In resolving the garbage crisis, a preventive approach means promoting the three R's of solid waste management—recycling of as much of the waste stream as possible; reduction of unnecessary packaging and other sources of garbage; and reuse of as many products as possible, rather than using throwaway items. In these and many other areas of environmental