In June 2021, Missouri passed the “Second Amendment Preservation Act” (SAPA). Though SAPA passed easily and had gubernatorial support, many Missouri law enforcement agencies, including the Missouri Sheriff’s Association, oppose it. Missing from this policy conversation, and deserving of analysis, is the voice of Missouri citizens. Using qualitative interview data and survey data, we explored what if anything Missouri gun owners knew about SAPA and what they perceived its effects would be on gun-related murders, suicides, gun thefts, and (...) mass shootings. Most Missouri gun owners had not heard about SAPA and were ambivalent about its potential effect on gun safety outcomes. Our findings also indicate that respondents’ attitudes toward SAPA and the impact of such policy on safety is driven by gun ownership (i.e., primary versus living in a household with firearms), partisan identification, and attitudes toward government firearm regulation. (shrink)

This article assesses the origins and spread of the Second Amendment sanctuary movement in which localities pass ordinances or resolutions that declare their jurisdiction's view that proposed or enacted state gun safety laws are unconstitutional and therefore, local officials will not implement or enforce them. While it is important to assess Second Amendment sanctuaries from a legal perspective, it is equally as important to understand them in the context of a broader protest movement against any efforts (...) to strengthen gun laws. As the gun violence prevention movement has gained strength across the United States, particularly at the state level, gun rights enthusiasts have turned to Second Amendment sanctuaries in order to create a counter narrative to the increasing political power of gun safety. By passing these ordinances or resolutions, local officials legitimize and fuel Second Amendment absolutism which poses real risks to public safety and democracy. (shrink)

Does the Second Amendment protect those who threaten others by negligently or recklessly wielding firearms? What line separates constitutionally legitimate gun displays from threatening activities that can be legally proscribed? This article finds guidance in the First Amendment doctrine of true threats, which permits punishment of “statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individual.” The Second (...) class='Hi'>Amendment, like the First, should not be read to protect those who threaten unlawful violence. And to the degree that the constitution requires a culpable mental state in such circumstances, the appropriate standard should be recklessness. (shrink)

We examine the issues concerning the legality and ethicality of the Second Amendment right to bear arms balanced by the employer's duty to provide a safe workplace for its employees. Two court rulings highlight this balancing act: McDonald et al. v. City of Chicago et al. and District of Columbia v. Heller. “Stand Your Ground” and “Castle Doctrine” laws in the recent Trayvon Martin shooting on February 26, 2012 are also applicable. Various ethical frameworks examine the firearms debate (...) by viewing the Second Amendment from three perspectives. These include a pro‐gun perspective drawing upon libertarianism and fundamental rights; a moderate gun perspective drawing upon consequentialism and stakeholder theory; and finally, an anti‐gun perspective drawing upon a Public Health Ethics and peace ethics approach. We explore the issue of gun control from a business perspective as employers face ethical decisions in responding to legislation that allows guns in the workplace and/or in employer parking lots while still being responsible to provide a safe workplace for their employees. We make recommendations regarding how companies should manage by proactively avoiding legal challenges to employees' rights to own and carry guns into the workplace. This includes emphasis on enhanced security, Human Resource policies and monitoring rapidly changing laws. (shrink)

The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system. The seven articles and twenty seven amendments dictate understanding of fundamental principles of the federation’s functioning and its citizens’ rights. The paper aims to present the evolution of the U.S. Constitution’s language interpretation as provided by its final interpreter - the Supreme Court of the United States. Example of the Second (...) class='Hi'>Amendment will be analyzed to present the change in understanding of the language grammar and, as a consequence, the sense of the right to keep and bear arms in the light of the Supreme Court’s decision in the case of District of Columbia v Heller ). It will argue for the accuracy of statement of Charles Evans Hughes, former Chief Justice of the U.S. Supreme Court: “We are under a Constitution, but the Constitution is what the judges say it is...”. (shrink)

Jürgen Habermas generally supports his theories not only by arguing for their transhistorical validity but also by demonstrating their critically reflexive understanding of their own emergence in history via a narrative of a select line of philosophers whose thought characterized their times. Habermas particularly uses such a narrative to support his conception of violence as that form of instrumental reason, increasingly pervasive in modern, rationalized societies, whereby, the actor is supposed to choose and calculate means and end from the standpoint (...) of maximizing utility or expectations of utility.... Media such as money and power attach to empirical ties;... (shrink)

The study is an attempt to understand the prevailing discourse in India on education as a right by closely reading the parliamentary debates on The Right of Children to Free and Compulsory Educatio...

This commentary proceeds as follows. First, it is argued from both ethical and legal perspectives through an analysis of Court precedents that Etzioni’s has improperly developed a too narrow First Amendment interpretation and conclusion that Apple should comply with the FBI’s demand to provide the FBI with a key to open iPhones. That is, broad First Amendment considerations and not solely narrow First Amendment “compelled speech” or only Fourth Amendment privacy issues are offered and analyzed from (...) both ethical and legal perspectives. A key point here is that broad First Amendment considerations protect, with exceptions, political and ethical discretion space for “Press” organizations to exercise, or not, ethical responsibilities, including rights to publish or not publish information and opinions, rather than compliance with government orders to publish or not publish. Further, Court cases are discussed from both legal and ethical perspectives where the Courts have established that social media organizations such as Facebook and Twitter do and should have broad First Amendment protection of free expression and peaceful assembly as traditional media such as newspapers have. It is suggested that Apple can and should be considered a social media organization. In addition, special First Amendment protection and limitations concerning national security are analyzed. Second, it is suggested that Etzioni’s point that Apple protected its clients soley for “business profitability” reasons is also a too narrow interpretation since there are more complex, mixed, and combined ethical and political-economic reasons for protecting clients and First Amendment protections. Third, the philosopher Paul Ricoeur’s ethics process responsibility framework concerning relationships between ethics and law and the need for an ethics responsibility rather than a compliance approach, which is similar to Brandeis’ legal ethics approach, is compared with and offered as an alternative to Etzioni’s compliance based “Liberal communitarian” approach. It is suggested that the difference between the Rocoeur and Etzioni approaches is similar to the difference between compliance and ethics responsibility process programs in organizations. (shrink)

Frege’s Grundgesetze der Arithmetik is formally inconsistent. This system is, except for minor differences, second-order logic together with an abstraction operator governed by Frege’s Axiom V. A few years ago, Richard Heck showed that the ramified predicative second-order fragment of the Grundgesetze is consistent. In this paper, we show that the above fragment augmented with the axiom of reducibility for concepts true of only finitely many individuals is still consistent, and that elementary Peano arithmetic (and more) is interpretable (...) in this extended system. (shrink)

In this article I investigate the implications of antirealism, as characterized by Richard Rorty, for First Amendment jurisprudence under the United States Constitution. It is hoped that the implications, while played out in the context of a specific tradition, will have more universal application. In Section 1, Rorty’s ‘pragmatic antirealism’ is briefly outlined. In Section 2, some effects of the elimination of the concept of truth for First Amendment jurisprudence are investigated. Section 3 argues for the conclusion that (...) given the antirealist stance, the Supreme Court’s usage of the true/ false fact distinction is actually an uncritical allowance of viewpoint-based discrimination into speech protection that has potentially far-reaching and restrictive results for important speech. Finally, in Section 4 Rorty’s antirealism is combined with various traditional models of First Amendment analysis to see how it would function. The conclusions aimed at are twofold. First, that Rortian antirealism is compatible with the traditional models underlying First Amendment theory. Second, that a realization that truth is the result of, in Rorty’s words, ‘intra-mundane’ discourse leads to an argument for different and potentially stronger and more farreaching protections to speech. (shrink)

The Problem Background Some Political History, Pre-1790 Federalist and Republican Principles Some Demographic History, 1790-1980 To What Extent Have the Possible Dangers Become Actual? The Discriminatory Impact and Prospects for Future Amendments Remedies Conclusion Appendix Table 1. The Possibility of Federalist Minority Amendment: Decade by Decade Table 2. The Possibility of Federalist Minority Amendment: Amendment by Amendment Table 3. Discriminatory Impact of Population Changes Table 4. Relative Strength of Voice of Citizens of the Various States Notes (...) Second Thoughts.. (shrink)

Kelly Sorensen defends a model of the relationship between effort and moral worth in which the effort exerted in performing a morally desirable action contributes positively to the action’s moral worth, but the effort required to perform the action detracts from its moral worth. I argue that Sorensen’s model, though on the right track, is mistaken in three ways. First, it fails to capture the relevance of counterfactual effort to moral worth. Second, it wrongly implies that exerting unnecessary effort (...) confers moral worth on an action. Third, it fails to adequately distinguish between cases in which effort is required because of defects of moral character and those in which effort is required because of barriers external to moral character, such as social pressures or non-moral cognitive deficits. I suggest three amendments to Sorensen’s model that correct these three defects. (shrink)

Affirmative action is often implemented as a way of making redress to victims of past injustices. But critics of this practice have launched a three-pronged assault against it. Firstly, they point out that beneficiaries of preferential policies tend not to benefit to the same extent as they were harmed by past injustices. Secondly, when its defenders point to the wider benefits of affirmative action , critics maintain that such ends could never be sufficiently weighty to permit violating equal treatment. And, (...) thirdly, critics dispute whether the alleged benefits of affirmative action really ensue. I argue this three-pronged assault is flawed at the conceptual level. Firstly, it operates with an impoverished conception of redress. When X wrongs Y, X does not make exhaustive redress to Y by compensating Y for the harm Y suffered due to X’s wrong action. Redress also requires rectification of the wrong: X must put right the wrong done to Y by making adequate amends. While the means of compensation are determined by the extent of the harm for which compensation is due, the adequacy of amends for a wrong is less tightly controlled by the nature of the wrong. So, secondly, it is perfectly right that the choice of amends be informed by the prospect of wider benefits. Whether, thirdly, these benefits are in fact in prospect in the case of affirmative action is an empirical question which philosophy cannot answer. (shrink)

In the Foundations of Mathematics, Ramsey attempted to amend Principia Mathematica’s logicism to meet serious objections raised against it. While Ramsey’s paper is well known, some questions concerning Ramsey’s motivations to write it and its reception still remain. This paper considers these questions afresh. First, an account is provided for why Ramsey decided to work on his paper instead of simply accepting Wittgenstein’s account of mathematics as presented in the Tractatus. Secondly, evidence is given supporting that Wittgenstein was not moved (...) by Ramsey’s objection against the Tractarian account of arithmetic, and a suggestion is made to explain why Wittgenstein reconsidered Ramsey’s account in the early thirties on several occasions. Finally, a reading is formulated to understand the basis on which Wittgenstein argues against Ramsey’s definition of identity in his 1927 letter to Ramsey. (shrink)

We are still searching for an adequate theory of the first amendment freedom of speech. Despite a plethora of judicial opinions and scholarly articles, there are fundamental conflicts over the meaning of the words "Congress shall make no law... abridging the freedom of speech." This Article examines the possibility that recent developments in social theory can aid our understanding of the freedom of speech. My thesis is that Jiirgen Habermas' theory of communicative action can serve as the basis for (...) an interpretation of the first amendment that fits the general contours of existing first amendment doctrine and provides a coherent justification for the freedom of speech. Habermas' theory takes as its point of departure the speech act theory developed through contemporary analytic philosophy and linguistics. The central theme of speech act theory is that speech is action; communication coordinates individual behavior through achieving rational understanding. An important corollary is the proposition that communication is intersubjective; speech acts involve both speakers and listeners. In addition, the theory of communicative action makes a distinction between communicative action-oriented to the coordination of behavior through rational agreement-and strategic behavior-the use of speech to manipulate, coerce, or deceive. I argue that a theory of free speech can incorporate this distinction to mark the boundaries of the right to free speech: freedom of speech is freedom to engage in communicative action, not strategic action. Another component of Habermas' theory is the ideal speech situation, in which rational agreement may be reached because distorting factors are excluded; this ideal situation serves as the basis of a principle of equality of communicative opportunity that can give the freedom of speech its fundamental content. Habermas' theory of communicative action provides the basis for my reinterpretation of the first amendment freedom of speech as the freedom of communicative action. This Article has two aims. My first aim is to develop a theory of the meaning of the first amendment from the theory of communicative action. In pursuit of this first goal, the Article assumes a perspective that is internal to the practice of American constitutional law. I argue that Habermas' theory has substantial power to explain and justify first amendment doctrine. Indeed, it is my view that a theory of freedom of speech based on the theory of communicative action, more so than any other theory, provides the best justification for the first amendment while simultaneously providing the best fit with the existing case law. In addition to the development of a theory of the first amendment, this Article has a second aim: From the point of view of the practice of social theory, the current Article is a "thought experiment" designed to test and elaborate Habermas' theory of communicative action. I explore various objections to and ambiguities in the theory of communicative action by taking up the attitude of a participant in the practice of legal interpretation who adopts the theory of communicative action as a practical principle for institutionalization of discourse in the public sphere. It is my hope that this thought experiment will have value in the enterprise of understanding, clarifying, and extending the theory of communicative action. For example, this Article responds to the suggestion that the theory of communicative action should be reformulated as a theory of institutionalized discourse "in the public sphere of a participatory democracy." Part II of this Article begins with a hermeneutic approach to the problem of interpreting the first amendment. Part III explores and criticizes existing theories of the freedom of expression. The theory of communicative action is explicated in Part IV; the implications of that theory for the freedom of speech are explored in Part V. Finally, Part VI applies the results to specific problems in first amendment doctrine, and Part VII draws some conclusions about the implications of this exercise for both first amendment doctrine and the theory of communicative action. (shrink)

Is it possible to recover lost moral ground? In the closing episodes of the TV show "Breaking Bad", it becomes clear that the protagonist, Walter White, believes that the correct answer to this question is an affirmative one. Walt believes that he can, and that he has, recovered lost moral ground. "Breaking Bad" may be said to explore two distinct and incompatible ways of attempting to recover lost moral ground. The first way is revisionist. This is to rewrite the script (...) of what, morally speaking, has occurred, so that it appears that nothing wrong was done. The second way is restorative. This is to admit to morally wrongful behavior, but to attempt to make amends for it. While we concede that it is possible to recover lost moral ground in both of these ways, we deny that Walt is able to do so in both of these ways. At best, Walt can only hope to recover lost moral ground by attempting to make amends for his past misdeeds. (shrink)

To what extent does John Rawls’ theory of international justice meet the normative challenges posed by climate change? There are two broadly compatible Rawlsian ways of addressing climate change. The first alternative is based on the two principles that Rawls applies to the domains of international and intergenerational justice. The second alternative starts from Rawls’ general theory of international justice, in particular his idea of a Society of Peoples, which is an idealized vision of a peaceful and stable association (...) of peoples that are internally well-ordered, and share a desire to respect and uphold international law. Given the statutes peoples are willing to observe, the defining characteristics of peoples, and the fact that Rawls indicates that his own rendering of international law is incomplete, there may be grounds for proposing an additional statute, or an amendment, to The Law of Peoples, that pertains to climate change and that does not contradict, but rather follows from, the general framework of the theory. The latter alternative provides a more viable account of climate justice than critics has hitherto acknowledged. (shrink)

Do people deserve a chance to right the wrongs they have committed? Would denying an offender the opportunity to make amends amount to an injustice? There are compelling reasons to grant such a right. However, there are also significant objections. First, a right to make amends potentially undermines the state's right to punish criminal wrongdoers. Secondly, the alleged right threatens to put undue pressure on victims to forgive their abusers. In this essay I argue that these objections can be met (...) and that wrongdoers do indeed have a right to make amends. (shrink)

What is missing from most analyses of the gun crisis in America is an archetypal perspective. Archetypically, the Constitution is in the domain of the Bible in terms of it being the equivalent of a sacred text for Americans, making the Second Amendment a revered text for gun enthusiasts. It enshrines the insidious concept that people can rise up in armed resistance to an oppressive force, including the US government. The Minuteman is an archetypal mythic image in the (...) American collective unconscious for the Second Amendment. A gun confers wakan (Sioux), sacred power, upon its possessor, allowing them to wield in an instant the archetype of death. This moves conflicts into the archetypal categories of good‐vs‐evil and black‐and‐white, circumventing the system of laws upon which our country is based and averting the dialogue upon which a democracy depends. The cowboy is another mythic image, the lonely gun‐toting individual who fought off beasts and savages to tame the Wild West. The very concept of America as “a shining city on the hill” that inspired our Puritan (archetypal image) ancestors is from the Book of Revelation in the Bible. They were not averse to using guns to exterminate the “heathen savages” they encountered. The arsenal of guns in America amplifies growing tensions around income inequality, increasing corporate power and deteriorating racial relations and inner city conditions. (shrink)

This article addresses conceal and carry laws on higher education campuses as ethical and social dilemmas. The Second Amendment reads, “A well regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed” (U. S. Const. amend. II 1791 ). Proponents for conceal and carry laws on college and university campuses often interpret the Second Amendment as an overarching right to have weapons, (...) regardless of location. Opponents of such legislation argue that allowing guns on campuses would be a mistake and student safety can be addressed in other ways. Throughout the 2010–2011 legislative sessions Arizona and Texas have been on the cusp of passing pro conceal and carry laws which would allow higher education students to carry weapons on campus. Over two decades states have increased access to weapons, while most in the U.S. have sentiments against their neighbors carrying arms (Kranz 2006 ). While the Second Amendment provides the right for individual to carry arms, higher education campuses are regarded as a subset of the population, a space for maturing adults and not a place for concealed weapons. (shrink)

Cognitive diagnostic models show great promise in language assessment for providing rich diagnostic information. The lack of a full understanding of second language listening subskills made model selection difficult. In search of optimal CDM that could provide a better understanding of L2 listening subskills and facilitate accurate classification, this study carried a two-layer model selection. At the test level, A-CDM, LLM, and R-RUM had an acceptable and comparable model fit, suggesting mixed inter-attribute relationships of L2 listening subskills. At the (...) item level, Mixed-CDMs were selected and confirmed the existence of mixed relationships. Mixed-CDMs had better model and person fit than G-DNIA. In addition to statistical approaches, the content analysis provided theoretical evidence to confirm and amend the item-level CDMs. It was found that semantic completeness pertaining to the attributes and item features may influence the attribute relationships. Inexplicable attribute conflicts could be a signal of suboptimal model choice. Sample size and the number of multi-attribute items should be taken into account in L2 listening cognitive diagnostic modeling studies. This study provides useful insights into the model selection and the underlying cognitive process for L2 listening tests. (shrink)

The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead (...) not responsible by reason of mental disease or defect under a mere “preponderance of the evidence” standard does not violate either due process or the equal protection clause of the Fourteenth Amendment. (shrink)

The Second Amendment to the U.S. Constitution states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Until recently, no federal appellate court had ever struck down any gun law as a violation of the Second Amendment. In fact, even laws outlawing most handgun possession, or restricting other types of firearms, had been upheld, in part, because the laws (...) did not interfere with the functioning of state militias.Then, in 2008, the U.S. Supreme Court — for the first time in nearly 70 years — decided a case squarely addressing the meaning of the Second Amendment. In District of Columbia v. Heller, the Supreme Court concluded that the Second Amendment protected an individual right to own handguns in the home, invalidating a Washington, D.C. law.But Heller left many issues undecided, including the precise scope of the Second Amendment. (shrink)

The Second Amendment is accepted as protecting a right, but it is commonly accepted that the right is not unrestricted. I will explore the most commonly suggested restrictions proposed by gun control advocates and show why these restrictions to the Second Amendment are unjustifiably high, especially when compared with restrictions we accept for other Constitutional rights. I argue that these restrictions violate a central function of the Second Amendment—to enable the people to protect themselves (...) against a tyrannical government. The three restrictions I will be discussing are: licensing requirements for gun ownership, gun tracing with a national database of gun owners, and concealed carry restrictions. (shrink)

In this paper I draw from Martin Heidegger’s phenomenology of the 1920s to outline some basic features of his theory of intentionality that I believe have not been fully appreciated or utilized, and that allow for both novel and fruitful interventions in questions about meaning, the relationship between mind and the world, and epistemic justification, principally as they appear in John McDowell’s synoptic project in Mind and World. I argue that while elements of McDowell’s picture are ultimately unsatisfying and problematic, (...) much of his conceptual framework can and should be put into dialogue with Heidegger’s, and that in so doing we make available powerful resources for amending the McDowellian account. Moreover, these emendations have attractive implications for his distinctive desiderata. In particular, they provide original conceptions of normativity’s place in nature, of the boundaries of the space of reasons, and of the relationship between the answerability of thought both to the world and to human beings as a rational community. (shrink)

What does the open-carried gun tell us about the contemporary political structure of whiteness, and how do such objects operate to reinforce this structure? To work through these questions, this article brings together political theories of racialized democracy and political theoretical analyses of gun-rights debates with insights from interdisciplinary scholarship on guns to generate a political theoretical account of the relationship between guns and white democracy. To do so, we analyze two open-carry spectacles: recurring Second Amendment protests featuring (...) the prominent display of open-carried weapons, and open-carrying protestors in Michigan demonstrating against stay-at-home orders in response to COVID-19 in 2020. Our analysis of these two cases illuminates our central arguments about guns and white democracy. We argue that guns operate to politically align white bodies amid the ongoing constitution of political whiteness: open-carried firearms work to reinforce and reproduce white democracy. We further claim that the force of open-carried guns in sustaining white democracy works through two linked dynamics: first, guns extend, generate, and secure the wages of whiteness; second, they protect and assert white dominion. Taken together, these dynamics explain how guns uphold white democracy, but also illuminate, we argue, the contingency of that political power. It is that contingency which suggests that the open-carried firearm might also help contest it in turn, a point illustrated by turning to scholarship on the relation of firearms to the civil rights movement. (shrink)

In light of the January 6, 2021, insurrection on the Capitol, this article considers the Second Amendment as an example of how Black women are quasi-citizens within the United States. I focus on the Second Amendment to not only give an account of the historical and contemporary ways guns are used to terrorize Black women but to also show the jeopardization possessing and carrying firearms pose to Black women in both individuated and systemic cases. By turning (...) to the Second Amendment, Black women’s status as citizens illuminates a liminal space where they are simultaneously inside the category of citizens but functionally excluded. Given the unjust foundations of the Second Amendment, I view Black women brandishing firearms as possibly an act of civil disobedience. (shrink)

In response to the continued expansion of “red flag” laws allowing broader classes of people to petition a court for the removal of firearms from individuals who exhibit dangerous conduct, this paper argues that state laws should adopt a double-filter provision that balances individual rights and government public safety interests. The main component of such a provision is a special statutory category — “reporting party” — that enables a broader social network, such as co-workers or school administrators, to request that (...) a law enforcement officer file a petition for an Extreme Risk Protection Order. A double-filter provision would not give reporting parties a right to file a court petition directly. Instead, parties would file a request for petition with law enforcement officers, who must seek an ERPO from the court if they find the reporting party's information credible. That information is then transmitted to the court as a sworn affidavit of the reporting party. The goal is to facilitate a balanced policy model that widens the reporting circle in order to feed more potentially life-saving information into the system, mitigates the risk of erroneous deprivation of constitutionally protected due process and Second Amendment rights. (shrink)

When reading John Stuart Mill, it's easy to have a sense of "déja vu all over again." At first sight, his ideas seem completely familiar, well understood, and thoroughly absorbed in the way we live now. Do we need him to explain the advantages of free speech and open debate? Or to emphasize attending to the consequences of actions? To protect differences that don't harm others, and to plead for equality of opportunity? Even if he once counted as "dangerous" or (...) "subversive", he can appear all too tame today. On John Stuart Mill aims to approach him differently - not by rehearsing his (considerable) contributions to contemporary attitudes, but by starting just where the ideas he has bequeathed to us seem most problematic. Our own political debates hardly approximate the conditions envisaged in the famous defense of free speech. If we read more closely - and more widely - it becomes evident that he was already aware of the problem, and that he struggled to reconcile the claims of democracy with the importance of expertise. Those struggles can help us as we wrestle with kindred difficulties. In this extended, and beautifully written, essay, Kitcher develops some of Mill's ideas in the context of contemporary ethical, social, and political issues and debates, and what he would have made of them. These debates--such as those around government mandated Covid-19 masks and vaccines, Second Amendment worship, income inequality, gay marriage, and climate change--involve questions of individual freedom, free speech, equality, and utilitarianism, all of which are central to Mill's project. In doing so, Kitcher draws primarily, though not exclusively, on the three works by Mill (sometimes in close collaboration with Harriet Taylor) that typically feature on the Contemporary Civilization syllabus: On Liberty, Utilitarianism, and The Subjection of Women. He also discusses Mill's Principles of Political Economy. By focusing on questions that are salient today, he hopes to capture the tone of exploratory conversations at which Contemporary Civilization aims. (shrink)

The call for a public health approach to gun violence has largely ignored what role the nascent Second Amendment jurisprudence will play in hindering change. Given the state interest for infringing on Second Amendment rights is nearly always public safety, public health law doctrine provides an apt framework for analysis.

Courts reviewing gun laws that burden Second Amendment rights ask how effectively the laws serve public safety — yet typically discuss public safety narrowly, without considering the many dimensions of that interest gun laws serve. “Public safety” is a social good: it includes the public's interest in physical safety as a good in itself, and as a foundation for community and for the exercise of constitutional liberties. Gun laws protect bodies from bullets — and Americans' freedom and confidence (...) to participate in every domain of our shared life, whether to attend school, to shop, to listen to a concert, to gather for prayer, or to assemble in peaceable debate. Courts must enforce the Second Amendment in ways that respect the public health and constitutional reasons a democracy seeks to protect public safety. Lawyers and citizen advocates can help, by creating a richer record of their reasons in seeking to enact laws regulating guns.This inquiry is urgent at a time when the Supreme Court's new conservative majority may expand restrictions on gun laws beyond the right to keep arms for self-defense in the home first recognized inDistrict of Columbia v. Hellerin 2008. (shrink)

In his book Das Recht der Freiheit, Axel Honneth develops a theory of social justice that incorporates negative, reflexive and social forms of freedom as well as the institutional conditions necessary for their reproduction. This account enables the identification of social pathologies or systemic normative deficits that frustrate individual efforts to relate their actions reflexively to a normative order and inhibits their ability to recognize the freedom of others as a condition of their own. In this article I utilize Honneth’s (...) theory in the diagnosis of a contemporary social pathology, which impedes social recognition and thereby contributes to social injustice. I argue that this particular social pathology – associated with the Second Amendment right to bear arms – has given rise to a pernicious form of subjectivity, which I call self-defensive. I conclude with some remarks concerning what this application reveals about the strengths and weaknesses of Honneth’s account. (shrink)

The U.S. Supreme Court recently held that the Second Amendment of the Constitution protects an individual's right to bear and keep arms.1 The Court's opinion will stimulate f...

Tench Coxe, a member of the second rank of this nation's Founders and a leading proponent of the Constitution and the Bill of Rights, wrote prolifically about the right to keep and bear arms. In this Article, the authors trace Coxe's story, from his early writings in support of the Constitution, through his years of public service, to his political writings in opposition to the presidential campaigns of John Adams and John Quincy Adams. The authors note that Coxe described (...) the Second Amendment as guaranteeing an individual right, and believed that an individual right to bear arms was necessary for self-defense and hunting, as well as for militia purposes and protection against oppression by large standing armies. The views of this important Founding Era political commentator and public servant inform the ongoing Second Amendment debate. The authors argue that Coxe's depiction of an individual right to bear arms encompassing hunting, self-defense, and the public militia power supports the "Standard Model" of the Second Amendment prevalent in the legal literature. This Article also discusses Coxe's important role as an economic scholar in early America, and in the creation of the protectionist system of the early Republic, as both an journalistic advocate and as an executive branch official. One of his executive branch positions involved heading the federal government program to give guns to militiamen who could not afford their own. (shrink)

The debate over gun control has taken place in complete isolation from geographical considerations. It focuses on, for the most part, whether legalization would bring about more or fewer accidental deaths, and murders of innocents, than prohibition, and in the USA on the precise meaning of the second amendment to the Constitution. However, these deliberations, argue the authors of the present paper, can be enriched by incorporating into them a spatial context. When this is done, and they are (...) combined with the property rights philosophy of libertarianism, some very different conclusions are drawn. (shrink)

In District of Columbia v. Heller, the Supreme Court is anticipated to finally decide whether the Second Amendment is an individual or a collective right. This article is not about the textual and historical arguments on the basis of which the Court is likely to make its decision. My topic is more fundamental. Assuming that the Second Amendment protects an individual right, what purpose does it serve? What are the possible reasons that private arms possession is (...) sufficiently valuable to deserve constitutional protection? Because it was insufficiently sensitive to the variety of justifications available, the majority in Parker v. District of Columbia (the D.C. Circuit case appealed in Heller) failed to identify the purposes of the Second Amendment. The passing comments it made were compatible with a large number of very different justifications. Second Amendment advocates have also been surprisingly muddled on the issue. This confusion has gone unnoticed because no one has, until now, offered a philosophically rigorous account of the justifications available and the important distinctions between them. Clarity about the value of private arms possession is essential for determining the scope of the Second Amendment under an individual right interpretation - a project that lower courts will be forced to undertake if Parker is affirmed. Courts commonly interpret the scope of a constitutional right in light of the interests the right protects. For this reason, they need a clear conception of why individuals have an interest in private arms possession. I offer this article as a first, but crucial, step toward answering this question. (shrink)

Excerpt from The Wisdom and Religion of a German Philosopher: Being Selections From the Writings of G. W. F. Hegel Some passages which are valued by Hegel's students will be found to be omitted, and others may be inserted which they think should be excluded. This it is difficult to avoid. I have merely taken these passages which seemed to me most likely to be useful, omitting many as repetitions, or as not comprehensible without a fuller context. Where a translation (...) exists I have given a reference to it in brackets; but in all cases I have referred to the original, and in some cases, mainly for consistency's sake, made some slight alterations in the translator's wording. The German references are quoted from the second amended edition of Hegel's works. I am indebted for considerable assistance in my work to the kindness of Miss Frances H. Simson, m.a., Warden of the Masson Hall, in Edinburgh. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

This article compares the landscape of tobacco regulations to the landscape of gun regulations, with a focus on regulations that target youth. This article argues that guns are significantly less regulated compared to tobacco, despite the frequency with which each product causes significant harm to both self and other. Many of the specific ways tobacco is regulated can be applied analogously to firearms while plausibly surviving potential Second Amendment challenges. This article compares the regulatory landscape of tobacco and (...) firearms across six categories: minimum age for purchase, sale by unlicensed individuals, taxation, advertising, graphic warning labels, and zoning. At one time, tobacco was as central — or more so — to American culture as guns are today. However, many decades of public health advocacy led to historic tobacco regulations. Tobacco's regulatory history provides a valuable blueprint for gun regulation, despite Constitutional differences. (shrink)

This article examines emergency restrictions imposed by state-level public officials on firearms during the COVID-19 pandemic. It surveys the litigation challenging each of the relatively few restrictions that were imposed, considers when and whether courts should apply the deferential Jacobson standard, the Heller Second Amendment analysis, or both, and explores the possibility that the unsettled nature of Second Amendment jurisprudence makes it likely that challenges to emergency firearms restrictions could result in dramatic developments in what the (...) Second Amendment protects. (shrink)

This article describes why a constitutional test that relies exclusively on history and tradition for deciding modern firearm regulations is woefully inadequate when applied to modern technologies. It explains the unique advancements in firearm technology — specifically, ghost guns — that challenge the viability of a purely historical test, even if legal scholars or judges attempt to reason by analogy. This article argues that the prevailing, two-step approach, which incorporates both history and tradition, and requires a judicial examination of the (...) purposes and methods supporting a challenged firearm regulation, should apply nationwide. That a dissenting faction of conservative judges seeks to ignore the prevailing approach presents a potentially dangerous path for Second Amendment jurisprudence. This article draws from certain historical gun laws to illustrate the difficult legwork that analogies must do under a purely historical test. It uses the advent of ghost guns as a case study to offer guidance for judges in their rulemaking practices regarding Second Amendment cases. (shrink)

Over the last five decades, philosophers of language have looked into the mechanisms for doing things with words. The same attention has not been devoted to how to undo those things, once they have been done. This paper identifies and examines three strategies to make one’s speech acts undone—namely, Annulment, Retraction, and Amendment. In annulling an act, a speaker brings to light its fatal flaws. Annulment amounts to recognizing an act as null, whereas retraction and amendment amount to (...) making it null. Speakers employ retraction to cancel the deontic updates engendered by a given act. They instead use amendment to adjust its degree of strength. I will argue that annulling, retracting, and amending are second-order speech acts, whose felicity conditions vary with the type of illocution they operate on. Undoing is therefore conceived of as a form of doing. Furthermore, I claim that, in calling off our acts, we undo the conventional or illocutionary effects of our words while leaving intact their past causal or perlocutionary outcomes. (shrink)

In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as (...) a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively. (shrink)

The United States is distinct among high-income countries for its problem with gun violence, with Americans 25 times more likely to be killed by gun homicide than people in other high-income countries.1 Suicides make up a majority of annual gun deaths — though that gap is closing as homicides are on the rise — and the U.S. accounts for 35% of global firearm suicides despite making up only 4% of the world’s population.2 More concerning, gun deaths are only getting worse. (...) In 2021, firearm fatalities approached 50,000, the highest we have seen in at least 40 years.3 The increase in homicides in conjunction with lower crime overall further suggests an problem specifically with guns.4 As devastating as these deaths are, it does not come close to encompassing the mass toll of America’s gun violence epidemic — a toll that disproportionately impacts people of color, with the Black community suffering at the highest rates. A broader and more accurate view of what constitutes gun violence must become a part of the national discourse if we are going to develop effective strategies to combat this crisis.5. (shrink)

The second edition of this volume is a comprehensive, practical and up-to-date analysis of the principles and rules of construction and post-probate issues, including how the courts interpret wills once they become the subject of litigation. This comprehensive work takes account of all recent case law-as well as new legislation such as the Land and Conveyancing Law Reform Act 2009-pertaining to trustees, trusts, trusts of land, and the amendments of the Rules of the Superior Courts by SI No 254 (...) of 2016 relating to the conduct of trials, and SI No 255 of 2016 which deals with pre-trial procedures. Part 1 provides the principles and rules of construction, and the rules of intrinsic and extrinsic evidence, which are applied by the courts when attempting to ascertain and give effect to a testator's intention from vague or uncertain language used by him or her in creating gifts. Part 2 deals with issues that may arise in construction suits concerning, not only uncertain language used in the creation of gifts, but also the actual legal validity of such gifts. Part 3 supplies a useful constructive and interpretative methodology that may be applied for construing and interpreting relevant statutory provisions. Part 4 deals with the forms and procedures required for instituting construction suits, and with issues involving the award of costs. This book is written primarily with legal practitioners in mind and will be of practical use in construction and probate litigation matters. It will also be a useful resource for academic lawyers, students engaged in professional courses, and those undertaking law degrees. [Subject: Wills & Trusts, Irish Law]. (shrink)

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...) theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

The gun control debate is more complex than most disputants acknowledge. We are not tasked with answering a single question: should we have gun control? There are three distinct policy questions confronting us: who should we permit to have which guns, and how should we regulate the acquisition, storage, and carrying of 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 it 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. This book sorts through the conceptual, moral, and empirical claims to fairly assess arguments for and against serious gun control. I argue that the US needs far more gun control than we currently have in most jurisdictions. (shrink)

George Boolos has described an interpretation of a fragment of ZFC in a consistent second-order theory whose only axiom is a modification of Frege's inconsistent Axiom V. We build on Boolos's interpretation and study the models of a variety of such theories obtained by amending Axiom V in the spirit of a limitation of size principle. After providing a complete structural description of all well-founded models, we turn to the non-well-founded ones. We show how to build models in which (...) foundation fails in prescribed ways. In particular, we obtain models in which every relation is isomorphic to the membership relation on some set as well as models of Aczel's anti-foundation axiom (AFA). We suggest that Fregean extensions provide a natural way to envisage non-well-founded membership. (shrink)

The hole argument concludes that substantivalism about spacetime entails the radical indeterminism of the general theory of relativity (GR). In this paper, I amend and defend a response to the hole argument first proposed by Butterfield (1989) that relies on the idea of counterpart substantivalism. My amendment clarifies and develops the metaphysical presuppositions of counterpart substantivalism and its relation to various definitions of determinism. My defence consists of two claims. First, contra Weatherall (2018) and others: the hole argument is (...) not a blunder resulting from a mistaken view on how mathematical physics works, and requires a developed (meta)metaphysical response. Second, contra Melia (1999) and others: one can be content with a notion of determinism for GR which is not sensitive to merely haecceitistic differences. (shrink)

In the second edition of the Essay Concerning Human Understanding, John Locke argues that personal identity over time consists in sameness of consciousness rather than the persistence of any substance, material or immaterial. Something about this view is very compelling, but as it stands it is too vague and problematic to provide a viable account of personal identity. Contemporary "psychological continuity theorists" have tried to amend Locke's view to capture his insights and avoid his difficulties. This paper argues that (...) the standard approach fails because it takes Locke to be a memory theorist, and does not focus enough on his claim that we need continuity of consciousness for personal persistence. An alternative reading of Locke is offered, emphasizing the role of self-understanding in producing continuity of consciousness. This alternative overcomes the difficulties with the standard approach, and shows how it is possible to attribute unconscious psychological elements to a person, even when personal persistence is defined in terms of consciousness. (shrink)