"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." Legal historians, analysts, judges and commentators have long disagreed about the original scope and intent of these words, making up the Second Amendment to the United States Constitution. Individual right theorists interpret it as protecting the personal privilege to own and carry firearms, while collective right theorists interpret it as only protecting the privilege of a collective society to bear arms in relation to militia service. This book...
"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." Le...
The use of history in law is a time honored tradition. Over the years the practice has assumed many forms to include historicism, intentionalism, interpretivist history, law office history, historical narrative, originalism, etc. History, Originalism, and the Constitution picks up where past commentators have left off in this time honored debate. The book weighs and considers the different historically based approaches to adjudicating constitutional questions, particularly originalism, and asserts that history in law is only legitimate if it leads to accurate results. History, Originalism,...
The use of history in law is a time honored tradition. Over the years the practice has assumed many forms to include historicism, intentionalism, inte...