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Do guns make us free? : democracy and the armed society
Possibly the most emotionally charged debate taking place in the United States today centers on the Second Amendment to the Constitution and the rights of citizens to bear arms. In the wake of the Sandy Hook school massacre in Connecticut, the gun rights movement, headed by the National Rifle Association, appears more intractable than ever in its fight against gun control laws. The core argument of Second Amendment advocates is that the proliferation of firearms is essential to maintaining freedom in America, providing private citizens with a defense against possible government tyranny, and thus safeguarding all our other rights. But is this argument valid? Do guns indeed make us free? In this insightful and eye-opening analysis, the first philosophical examination of every aspect of the contentious and uniquely American debate over guns, Firmin DeBrabander examines the claims offered in favor of unchecked gun ownership. By exposing the contradictions and misinterpretations inherent in the case presented by gun rights supporters, this provocative volume demonstrates that an armed society is not a free society but one that actively hinders democratic participation.
Book
To Trust the People with Arms
In 2007, for the first time in nearly seventy years, the Supreme
Court decided to hear a case involving the Second Amendment. The
resulting decision in District of Columbia v. Heller
(2008) was the first time the Court declared a firearms restriction
to be unconstitutional on the basis of the Second Amendment. It was
followed two years later by a similar decision in McDonald v.
City of Chicago , and in 2022, the Court further expanded its
support for Second Amendment rights in New York State Rifle and
Pistol Association v. Bruen -a decision whose far-reaching
implications are still being unraveled. To Trust the People
with Arms explores the remarkable and complex legal history of
how the right to bear arms was widely accepted during the nation's
founding, was near extinction in the late twentieth century, and is
now experiencing a rebirth in the Supreme Court in the twenty-first
century.
Robert J. Cottrol and Brannon P. Denning link the right to bear
arms with other major themes in American history. Prompted by the
eighteenth-century belief that arms played a vital role in
preserving the liberties of the citizen, the Second Amendment met
many challenges in the nation's history. Among the most acute of
these were racism, racial violence, and the extension of the right
to bear arms to African Americans and other marginalized groups.
The development of modern firearms and twentieth-century
urbanization also challenged traditional notions concerning the
value of an armed population. Cottrol and Denning make a
particularly important contribution linking the nation's
participation in the wars of the twentieth century and the
strengthening of American gun culture. Most of all, they give a
nuanced and sophisticated legal history that engages legal realism,
different varieties of originalism, and the role of chance and
accident in history. To Trust the People with Arms
integrates history, politics, and law in an interdisciplinary way
to illustrate the roles that guns and the right to keep and bear
arms have played in American history, culture, and law.
eBook
That every man be armed : the evolution of a constitutional right
\"A revised and updated edition of Halbrook's 1984 book discussing the Second Amendment and the individual right to bear arms\"--Provided by publisher.
Book
Showdown in the Show-Me State
When the Missouri state legislature overrode Governor Bob Holden's veto in 2003 to make conceal-and-carry the law of the land, the Show-Me State became one of the last in the country to adopt this type of law. In fact, it took years of concerted effort on the part of pro-gun advocates to make this a reality. In Showdown in the Show-Me State, William Horner chronicles this complex and fascinating fight in clear, chronological order beginning with the first bill introduced into the Missouri General Assembly in 1992 and ending with the state supreme court's decision in 2004 that Missouri's constitution permitted the legislature to grant Missourians the right to carry concealed weapons.
eBook
The Arms Trade And International Law
Shortlisted for the 2008 Young Authors Inner Temple Book Prize There are believed to be about 700 million small arms and light weapons (SALW) in the world, often contributing to highly destabilising security and other concerns in international law. SALW are the primary source of violations and abuses of humanitarian and human rights principles by states, rebels, terrorists and criminals. Many consider them the real weapons of mass destruction of our time, causing about half a million deaths annually. The unrestricted international transfer of SALW by states (99 states and 1000 companies involved in manufacturing and supply) is one of the major contributory and aggravating factors of this crisis; another is the illicit traffic in small arms. This book deals with the proliferation of SALW and their unregulated trade and transfer across borders. It addresses questions of definition, manufacturing, trade/transfer, and issues relating to state responsibility. The primary focus is on conventional small arms, in particular military-style weapons. The book tackles the core and most divisive legal problem of whether or not the laws relating to arms control and relevant norms of international law provide substantive restrictions upon the transfer of small arms by states. The application of the norms of international peace and security, non-intervention, humanitarian and human rights laws, and evolved relevant customary rules of arms control relating to these norms are considered particularly carefully. Questions of application and enforcement of relevant rules and institutional responses to the problem are also examined. The UN began considering an arms trade treaty in 2006; the publication of the book at this critical moment in time will make a positive contribution towards shaping the debate and aims to further enhance understanding in an area where close analysis is required.
eBook
One nation under guns : how gun culture distorts our history and threatens our democracy
\"This takedown of American gun culture argues that the nation's fathers did not intend the Second Amendment to guarantee an individual right to bear arms--and that this intentional distortion of the record is an urgent threat to democracy. Hundreds of lives are lost to firearms every day in America. The cost is more than the numbers--it is also the fear, the anxiety, the dread of public spaces that an armed society has created under the tortured rubric of freedom. But the norms of today are not the norms of American history or the values of its Founders. They are the product of a gun culture that has imposed its vision on a sleeping nation. Historian Dominic Erdozain argues that we have wrongly ceded the big-picture argument on guns--as we parse legislation on background checks and automatic weapons bans, we fail to ask: Do individual gun rights have any place at all in American democracy? Taking readers on a brilliant historical journey, Erdozain shows how the Founders feared the tyranny of individuals as much as the tyranny of kings--the idea that any person had a right to walk around armed was anathema to their notion of freedom and the enduring republic they hoped to build. They baked these ideas into the Constitution and the Bill of Rights, ideas that were subsequently affirmed as bedrock by two centuries of jurisprudence. And yet: the twin scourges of America's sickness on race and its near-religious nationalism would work in tandem to create an alternate, darker vision of American freedom. This vision was defined by a mystic conception of good guys and bad guys, underpinned by a host of assumptions about innocence and guilt, power and entitlement. By the time the US Supreme Court essentially invented an individual gun right in 2008 by torturing the words of the Second Amendment in Heller--a decision that Erdozain convincingly eviscerates--many Americans had already acceded to gun activists' perverse unfreedom. To save our democracy, he argues, we must fight for the Founders' true idea of what it means to be free\"-- Provided by publisher.
Book
That Every Man Be Armed
That Every Man Be Armed, the first scholarly book on the Second Amendment to the U.S. Constitution, has played a significant role in constitutional debate and litigation since it was first published in 1984. Halbrook traces the right to bear arms from ancient Greece and Rome to the English republicans, then to the American Revolution and Constitution, through the Reconstruction period extending the right to African Americans, and onward to today's controversies. With reviews of recent literature and court decisions, this new edition ensures that Halbrook's study remains the most comprehensive general work on the right to keep and bear arms.
eBook
The Last Gun
Newtown, Connecticut. Aurora, Colorado. Both have entered our collective memory as sites of unimaginable heartbreak and mass slaughter perpetrated by lone gunmen. Meanwhile, cities such as Chicago and Washington, D.C., are dealing with the painful, everyday reality of record rates of gun-related deaths. By any account, gun violence in the United States has reached epidemic proportions. A widely respected activist and policy analyst--as well as a former gun enthusiast and an ex-member of the National Rifle Association--Tom Diaz presents a chilling, up-to-date survey of the changed landscape of gun manufacturing and marketing. The Last Gun explores how the gun industry and the nature of gun violence have changed, including the disturbing rise in military-grade gun models. But Diaz also argues that the once formidable gun lobby has become a \"paper tiger,\" marshaling a range of evidence and case studies to make the case that now is the time for a renewed political effort to attack gun violence at its source--the guns themselves. In the aftermath of Newtown, a challenging national conversation lies ahead. The Last Gun is an indispensable guide to this debate, and essential reading for anyone who wants to understand how we can finally rid America's streets, schools, and homes of gun violence and prevent future Newtowns.
eBook