The Second Amendment and the Ideology of Self-Protection

Constitutional Commentary, 1992

13 Pages Posted: 29 Mar 2017

See all articles by Don B. Kates

Don B. Kates

affiliation not provided to SSRN (deceased)

Date Written: March 25, 1992

Abstract

This article explores the numerous ways in which the concept of self-protection related to the Second Amendment in the minds of its authors, a concept that was not only stronger but also more inclusive than the concept is described by many modern thinkers. Indeed, the second amendment emerged from a view that general possession of arms is a social good, as well as an indispensable adjunct to the individual right to self defense. The Founders would not have necessarily repudiated their belief in the right of self-defense – and of the individuals to be armed for self-defense – if they had anticipated the replacement of the militia by modern police agencies because such a notion would never have occurred to them. There were no police in eighteenth-century America and England.

Keywords: gun control, originalism, Founders, self-defense, guns, rights, crime

JEL Classification: K14

Suggested Citation

Kates, Don B., The Second Amendment and the Ideology of Self-Protection (March 25, 1992). Constitutional Commentary, 1992, Available at SSRN: https://ssrn.com/abstract=2940788

Don B. Kates (Contact Author)

affiliation not provided to SSRN (deceased)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
76
Abstract Views
438
Rank
571,961
PlumX Metrics