But the theory of government remained an overarching theoretical concept in continental Europe right to the end of the nineteenth century e. The sciences concerned with the state have been differentiated and specialized. Public law, economics, political science, political sociology, geography, planning, and other academic disciplines have developed their own systems of reference for theory and analysis. To some degree the scientific dialects have become rites of passage, restricting access to the mysteries of special knowledge to the initiated few.
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President Clinton, who signed those measures into law, later assured the overwhelming majority of the American people who believe that they have a constitutional right to own firearms  that "[t]he Members of Congress who voted for that bill and I would never do anything to infringe on the right to keep and bear arms to hunt and to engage in other appropriate sporting activities.
Rather, they argue, it was designed solely to allow the states to continue to maintain their militia units or, in modern terms, the National Guard free from federal interference. Thus the Amendment presents no obstacle to even the total prohibition of private firearm ownership.
Rather, the terms of the debate seem to have shifted. Instead of arguing over whether the Amendment was meant to guarantee an individual right, the debate has evolved to a more sophisticated and intricate exploration of why the Amendment guaranteed that right.
This more sophisticated debate is carried on largely within what I will call a "functional framework. Within this functional framework or approach there is still much room for disagreement.
Thus, there is no right to own arms for personal or private self-defense. Why did the ratifiers of the Bill of Rights seek to protect the widespread ownership of arms? And how, given modern conditions, are we to interpret that protection?
These are the issues that I will explore in this Note. Analysis of the dominant political and philosophical ideas of the era suggests that widespread private ownership of arms was understood to serve at least four interrelated functions.
An armed populace was thought to be the best means of defending the state, sensitizing the government to the rights of the people, preserving civil order and the natural right of self-defense, and cultivating the moral character essential to self-government. I label these the militarypoliticalciviland moral functions and conclude that the Second Amendment was designed to protect private ownership of arms so that the citizenry would remain capable of performing each of these functions.
Many commentators have asserted that this view is a dangerous anachronism inapplicable to late-twentieth-century America. After rejecting these assertions as unfounded, I argue that despite the advent of modern police forces and professional armies, an armed citizenry is still capable of performing each of the four functions.
Because much of the rhetoric employed to discourage recognition of a Second Amendment right laments the absurdity that individuals would be allowed to own flamethrowers or nuclear weapons, it is important to demonstrate that a proposed theory does not compel such a result. Part III applies my functional theory of the Second Amendment to several gun control measures to illustrate that such a theory is capable of protecting the rights of citizens without invalidating reasonable restrictions on the keeping and bearing of arms.
A Functional Analysis of the Second Amendment We must begin by examining the rationale offered for the right to keep and bear arms.
The text of the Second Amendment states that its ultimate end is "the security of a free State.
The Ideological Origins of the Right to Arms Madison drafted the Bill of Rights with the aid of innumerable suggestions from his countrymen, most commonly in the form of the state bills of rights and the hundreds of amendments suggested by the state conventions that ratified the Constitution.
That ideology was the Whig ideology, which dominated American politics in the late eighteenth century. John Adams estimated that ninety percent of Americans were Whig sympathizers at the time of the American Revolution.
The Functions of Private Arms The context of the ratification of the Constitution and the adoption of the Bill of Rights suggests that private ownership of arms, as protected by the Second Amendment, was intended to serve at least four functions. First, an armed populace was considered the best military means of defending a free state against foreign conquerors.
This agreement is not surprising given the ubiquitous reliance on militia to serve some military function at least since medieval times.
They had justified the American Revolution by appealing to the natural rights of men and the idea that governments "derived their just Powers from the Consent of the Governed. For indeed, democracy and civil rights cannot exist where the citizens are disarmed.
During the consideration of our Bill of Rights, the personal right to own arms for self-defense was much less discussed than were the political aspects of the right to bear arms. Such discussion was lacking not because the Framers did not believe in such a right, but because it was the least controversial aspect of the right to arms.Celebrities Commonly Mistaken as Being Jewish who are NOT JEWISH.
Dan Ackroyd (French/British descent from Canada) Alan Alda (Italian-American star of MASH born Alfonso Joseph D'Abruzzo). A. Introduction. Contents Index End. In their discourses on government, Plato and Aristotle discussed all those problems which were important to an Attic citizen if he were to understand and order his arteensevilla.com encyclopædic approach was also used in theories of government that were developed in the Middle Ages (Rehm L/).
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In , the great Hungary-born conservative (he prefers the term “reactionary”) historian John Lukacs published an unfortunately not-very-good book called Democracy and Populism: Fear and Hatred. Hidden History: Exploring Our Secret Past [Daniel J.
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In twenty-four essays -- divided into five sections. The literature on the concept of the spectacle is quite fragmentary, with few works that could be classified as general overviews. Works chosen for this section provide particularly useful discussions of the concept or comparisons of different views on spectacle.
Of these, Bergmann provides the.