The author argues that the right to life necessarily involves the right to self-defense, which leads to the right to own firearms, and presents a multi-faceted cases against gun control, including attacks on irresponsibility in modern society, instrumentalism, utilitarianism, and the abdication to authority of the responsbility for self-defense.
Presents a history of the Second Amendment to illuminate its controversies, debates, and misapprehensions, explaining its contexts and purposes while revealing how it came to represent gun-ownership rights in the twentieth century.
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
A leading constitutional historian argues that the Founding Fathers viewed the right to bear arms as neither an individual nor a collective right, but rather an obligation a citizen owed to the government to arm themselves and participate in a well-regulated militia.
This work illuminates the historical facts behind the current debate about gun-related violence, the Brady Bill and the NRA, including the original meaning and intentions behind the right to "bear arms". It traces its roots to the legacy of English law, leading directly to the Second Amendment
THE SECOND IT WAS AMENDED: IN 1791, Thomas Jefferson as Secretary of State, certified the Bill of Rights. But what were the events that culminated into that second it was incorporated into the constitution? In other words, what were the prevailing thoughts of that epoch that lead to the enactment of a law as contentious as the Second Amendment? And furthermore, what is the greater implication of this? The then embryo nation was conceived in an era of vociferous noises of what it meant for a man to be free. This movement is a peculiar one in the Enlightenment era. However, must we bear and keep arms to enjoy the liberties a liberal society has to offer? At the heart of this book, is the examination of the ideals of what rights are and the justified efforts to secure them. Since the days of Socrates, these have been debated. Notwithstanding, that was eons ago. The most important element of all rights enumerated by law, or intrinsically endowed, is that one mans right must not encroach on anothers: rights are not a zero sum game. Therefore, leaving the Enlightenment time behind, and the classical era of Athenss philosophy, we must now be ready to challenge old assumptions, while learning from them, and establishing fitting ethos for this generation.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Society, Ethics, and the Law: A Reader is an engaging, thoughtful, and academic text designed to help students make connections to ethical issues using real-world examples and thought-provoking discussion questions. Comprised of 57 original articles, topics range from traditional philosophical based academic articles to conversational style narratives of practitioners’ experiences with ethical issues within the criminal justice system. Content spans areas of criminal justice from traditional (police, courts, and corrections), to popular culture (rap, social media, and technology), to timely (immigration, gun control, and mental health). Authored by real-world experts, "Character in Context" sections illustrate how ethics impacts daily life. These include, among others, Jim Obergefell’s perspective on society, ethics, and the law as it relates to his experience as plaintiff in the Supreme Court Case Obergefell V. Hodges- the case that legalized gay marriage.
The gun control debate is more complex than we often acknowledge. What is often phrased as a single question -- should we have gun control -- Is actually made up of three distinct policy questions. First, who should we permit people to have guns? Second, which guns should be allowed? Thirdly, how should we regulate the acquisition, storage, and carrying of the guns people may legitimately own? To answer these questions we must decide whether (and which) people have a right to bear arms, what kind of right they have, and how stringent that right is. We must also evaluate divergent empirical claims about (a) the role of guns in causing harm, and (b) the degree to which private ownership of guns can protect innocent civilians from attacks by criminals, either in their homes or in public. Hugh LaFollette sorts through the conceptual, moral, and empirical claims to fairly assess arguments for and against serious gun control, and ultimately argues that the US needs far more gun control than we currently have in most jurisdictions.
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.