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Although much has changed in the United States since the eighteenth century, our framework for gun laws still largely relies on the Second Amendment and the patterns that emerged in the colonial era. America has long been a heavily armed, and racially divided, society, yet few citizens understand either why militias appealed to the founding fathers or the role that militias played in North American rebellions, in which they often functioned as repressive—and racist—domestic forces. In Armed Citizens, Noah Shusterman explains for a general reader what eighteenth-century militias were and why the authors of the Constitution believed them to be necessary to the security of a free state. Suggesting that the question was never whether there was a right to bear arms, but rather, who had the right to bear arms, Shusterman begins with the lessons that the founding generation took from the history of Ancient Rome and Machiavelli’s reinterpretation of those myths during the Renaissance. He then turns to the rise of France’s professional army during seventeenth-century Europe and the fear that it inspired in England. Shusterman shows how this fear led British writers to begin praising citizens’ militias, at the same time that colonial America had come to rely on those militias as a means of defense and as a system to police enslaved peoples. Thus the start of the Revolution allowed Americans to portray their struggle as a war of citizens against professional soldiers, leading the authors of the Constitution to place their trust in citizen soldiers and a "well-regulated militia," an idea that persists to this day.
Possibly the most emotionally charged debate taking place in the United States today centers on the Second Amendment of 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 safeguarding all our other rights. But is this argument valid? Do guns indeed make us free? Firmin DeBrabrander examines claims offered in favor of unchecked gun ownership in this insightful and eye-opening analysis, the first philosophical examination of every aspect of a contentious, uniquely American debate. By exposing the contradictions and misinterpretations prevalent in the case presented by gun rights supporters, this provocative volume concludes that an armed society is not a free society but one that ultimately discourages and, in fact, actively hinders democratic participation.
A history of America’s Stand Your Ground gun laws, from Reconstruction to Trayvon Martin After a young, white gunman killed twenty-six people at Sandy Hook Elementary School in Newtown, Connecticut, in December 2012, conservative legislators lamented that the tragedy could have been avoided if the schoolteachers had been armed and the classrooms equipped with guns. Similar claims were repeated in the aftermath of other recent shootings—after nine were killed in a church in Charleston, South Carolina, and in the aftermath of the massacre in the Pulse nightclub in Orlando, Florida. Despite inevitable questions about gun control, there is a sharp increase in firearm sales in the wake of every mass shooting. Yet, this kind of DIY-security activism predates the contemporary gun rights movement—and even the stand-your-ground self-defense laws adopted in thirty-three states, or the thirteen million civilians currently licensed to carry concealed firearms. As scholar Caroline Light proves, support for “good guys with guns” relies on the entrenched belief that certain “bad guys with guns” threaten us all. Stand Your Ground explores the development of the American right to self-defense and reveals how the original “duty to retreat” from threat was transformed into a selective right to kill. In her rigorous genealogy, Light traces white America’s attachment to racialized, lethal self-defense by unearthing its complex legal and social histories—from the original “castle laws” of the 1600s, which gave white men the right to protect their homes, to the brutal lynching of “criminal” Black bodies during the Jim Crow era and the radicalization of the NRA as it transitioned from a sporting organization to one of our country’s most powerful lobbying forces. In this convincing treatise on the United States’ unprecedented ascension as the world’s foremost stand-your-ground nation, Light exposes a history hidden in plain sight, showing how violent self-defense has been legalized for the most privileged and used as a weapon against the most vulnerable.
As cultural, social, political, and historical objects, guns are rich with complex and contested significance. What guns mean, why they matter, and what policies should be undertaken to regulate guns remain issues of vigorous scholarly and public debate. Gun Studies offers fresh research and original perspectives on the contentious issue of firearms in public life. Comprising global, interdisciplinary contributions, this insightful volume examines difficult and timely questions through the lens of: Social practice Marketing and commerce Critical theory Political conflict Public policy Criminology Questions explored include the evolution of American gun culture from recreation to self-protection; the changing dynamics of the pro-gun and pro-regulation movements; the deeply personal role of guns as sources of both injury and security; and the relationship between gun-wielding individuals, the state, and social order in the United States and abroad. In addition to introducing new research, Gun Studies presents reflections by senior scholars on what has been learned over the decades and how gun-related research has influenced public policy and everyday conversations. Offering provocative and often intimate perspectives on how guns influence individuals, social structures, and the state in both dramatic and nuanced ways, Gun Studies will appeal to students and researchers interested in fields such as sociology, political science, legal history, criminology, criminal justice, social policy, armaments industries, and violent crime. It will also appeal to policy makers and all others interested in and concerned about the use of guns.
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.
From the New York Times bestselling author of White Rage, an unflinching, critical new look at the Second Amendment and how it has been engineered to deny the rights of African Americans since its inception. In The Second, historian and award-winning, bestselling author of White Rage Carol Anderson powerfully illuminates the history and impact of the Second Amendment, how it was designed, and how it has consistently been constructed to keep African Americans powerless and vulnerable. The Second is neither a “pro-gun” nor an “anti-gun” book; the lens is the citizenship rights and human rights of African Americans. From the seventeenth century, when it was encoded into law that the enslaved could not own, carry, or use a firearm whatsoever, until today, with measures to expand and curtail gun ownership aimed disproportionately at the African American population, the right to bear arms has been consistently used as a weapon to keep African Americans powerless--revealing that armed or unarmed, Blackness, it would seem, is the threat that must be neutralized and punished. Throughout American history to the twenty-first century, regardless of the laws, court decisions, and changing political environment, the Second has consistently meant this: That the second a Black person exercises this right, the second they pick up a gun to protect themselves (or the second that they don't), their life--as surely as Philando Castile's, Tamir Rice's, Alton Sterling's--may be snatched away in that single, fatal second. Through compelling historical narrative merging into the unfolding events of today, Anderson's penetrating investigation shows that the Second Amendment is not about guns but about anti-Blackness, shedding shocking new light on another dimension of racism in America.
For years proposals for gun control and the ownership of firearms have been among the most contentious issues in American politics. For public authorities to make reasonable decisions on these matters, they must take into account facts about the relationship between guns and violence as well as conflicting constitutional claims and divided public opinion. In performing these tasks, legislators need adequate data and research to judge both the effects of firearms on violence and the effects of different violence control policies. Readers of the research literature on firearms may sometimes find themselves unable to distinguish scholarship from advocacy. Given the importance of this issue, there is a pressing need for a clear and unbiased assessment of the existing portfolio of data and research. Firearms and Violence uses conventional standards of science to examine three major themes - firearms and violence, the quality of research, and the quality of data available. The book assesses the strengths and limitations of current databases, examining current research studies on firearm use and the efforts to reduce unjustified firearm use and suggests ways in which they can be improved.
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.
"In this in-depth and systematic look at gun carriers, Jennifer Carlson draws on her fieldwork attending guns shows and training courses, becoming an NRA certified instructor, and carrying a firearm to unpack the everyday politics of guns. Carlson argues that guns are taken up to address practical problems of policing and protection-in effect to manage social insecurities and suspicions surrounding state disinvestment and the efficacy of state institutions, especially law enforcement. In this context, guns carrying becomes a means of practicing good citizenship by producing social order amidst disorder. This understanding helps to clarify why Americans cling to their guns as both practical and symbolically charged tools of policing and protection, but it also sheds light on the NRA's hidden power as the primary organization that certifies Americans to carry guns. Rather than focus simply on how to handle a firearm responsibly, these training courses primarily cultivate the disposition, capacity, and desire to use guns in self-defense as well as teach the idea that carrying guns is a part of responsible citizenship"--