By Stephen P. Halbrook
ISBN-10: 0826352987
ISBN-13: 9780826352989
That each guy Be Armed, the 1st scholarly booklet at the moment modification to the U.S. structure, has performed an important function in constitutional debate and litigation because it used to be first released in 1984. Halbrook lines the perfect to undergo hands from historic Greece and Rome to the English republicans, then to the yankee Revolution and structure, throughout the Reconstruction interval extending the proper to African americans, and onward to modern-day controversies. With stories of modern literature and courtroom judgements, this new version guarantees that Halbrook's learn continues to be the main entire normal paintings at the correct to maintain and endure arms.
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Extra info for That Every Man Be Armed: The Evolution of a Constitutional Right, Revised and Updated Edition
Example text
Formerly the right to bear arms had belonged solely to the patricians. 64 Thus, even before the overthrow of the monarchy and the establishment of the republic, the right to keep and bear arms belonged to patrician and plebian alike. Marcus Tullius Cicero, the great philosopher, senator, and lawyer, set forth the most complete discussion in the Roman republican tradition of the natural right to have and use arms for public defense against tyranny and for private defense against attack. By contrast, the connection between standing armies, the disarmament of peoples, and foreign and domestic tyranny is well exemplified in the writings of Julius Caesar.
In the Politics, Aristotle critically analyzes the elitist, authoritarian regime advocated by Plato. As opposed to the strict division between rulers, warriors, and workers in the Socratic dialogue, Aristotle’s concept of polity included a large middle class in which each citizen fulfilled all three functions of self-legislation, arms bearing, and working. According to Aristotle, “there are many things which Socrates left undetermined; are farmers and craftsmen to have no share in government . .
210 In attacking Sir Robert Filmer’s argument that subjects must not disobey any commands or examine whether wars are just or unjust, Sidney used as counterexamples the Turks’ slaughter of the Christians and the fact that “the King of France may when he pleases, arm one part of his Protestant Subjects to the destruction of the other. . ” 211 The arms question is central to Sidney’s critique of royal absolutism in England. Monarchy originally did not exist there. ” The people themselves rather than leaders made the laws, and “that no force might be put upon them they met arm’d in their general Assemblies.