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Communitarians, Neorepublicans, and Guns: Assessing the Case for Firearms Prohibition
http://i2i.org/SuptDocs/Crime/commun1.htm ^ | 3/14/03 | Maryland Law Review

Posted on 03/14/2003 6:03:09 PM PST by tpaine

Introduction

It is high time for the federal government to outlaw gun possession by anyone except the police and the military, and to round up all firearms currently in private hands. Millions of Americans think so, but even the most aggressive of America's gun control groups have not been willing to advocate such a policy. Into the breach has stepped the Communitarian Network, arguably the most influential think tank in Washington. In a lengthy position paper, The Case for Domestic Disarmament (Domestic Disarmament), the Communitarian Network presents a forceful law-and-policy case for a gun-free America.

Domestic Disarmament is noteworthy because it is almost the only scholarly document arguing at length for confiscating all guns, rather than merely outlawing the future production of certain "bad" guns (such as handguns and so-called "assault weapons"). Domestic Disarmament is particularly important because it is a product of the Communitarian Network, the think tank that, far more than any other, has the ear of President Clinton and many other leading Democrats (and *440 some Republicans).
Moreover, Domestic Disarmament offers an entirely new vantage point from which to view the firearms issue--from the communitarian context, in which the individual's responsibilities to society are seen as more important than the unlimited exercise of rights.

This Article evaluates and responds to Domestic Disarmament and the Communitarian Network's gun prohibition agenda. In addition to discussing Domestic Disarmament, this Article considers David C. Williams's Civic Republicanism and the Citizen Militia: The Terrifying Second Amendment, which calls for a somewhat different communitarian approach to gun policy. Williams argues that the Second Amendment poses no impediment to any form of gun control on individuals, and in the long term, the government should revive the "well regulated Militia" and encourage citizen proficiency with arms and participation in communal defense organizations.

Part I of this Article provides an overview of communitarianism and the Communitarian Network and summarizes the argument of Domestic Disarmament. Part II inquires into whether domestic disarmament is enforceable and what communitarian problems may be raised by enforceability issues. Part III sketches a variety of possible solutions to the American gun dilemma, including the communitarian militia proposals of Williams.
Part IV briefly reviews the contribution that firearms ownership may make to public safety, and Part V closely scrutinizes Domestic Disarmament's conclusion that the Second Amendment presents no barrier to firearms confiscation.

For too long, the American gun control debate has avoided the most fundamental issues. The progun and antigun lobbies both agree that there are "good" gun owners and "bad" gun owners; the main issues concern drawing a line between the two and determining what kinds of measures should be used to keep the two groups separate. In addition, the antigun lobbies argue that there are good guns (many types of rifles and shotguns) and bad guns (handguns and assault weapons) and that no gun control policy should deprive good Americans of their good guns.

Nevertheless, none of the major policy groups participating in the American gun debate argues, as does the Communitarian Network, that America's gun policy should be modeled on Japan's, in which communitarian values prevail, guns are almost entirely prohibited, and gun violence is rare.

By forcefully raising the issue of whether any Americans should have guns at all, the Communitarian Network performs a great service by inviting inquiry into the most fundamental premises of the American gun control debate. In this Article, the authors hope to advance the inquiry begun by Domestic Disarmament.

(Excerpt) Read more at i2i.org ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society
KEYWORDS: banglist
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To: kaylar
Visualize the heads of politicians who sponsor this sort of thing exploding like watermelons as votes are registerd from the rooftops...
21 posted on 03/14/2003 7:35:11 PM PST by Noumenon
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To: tpaine
This thing is basically simple. The question to these cretins is, are you willing to die trying to deprive me of the 2'nd ammendment? Because, I AM willing to die defending it.
22 posted on 03/14/2003 7:40:31 PM PST by merak
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To: Monty22
I'm appalled

And well you should be. But this is what passes for thinking on the other 'side'. No amount of slaughter and human suffering, no atrocity too great to stand in the way of the sick utopian dreams these monsters harbor. They are convinced that they are right, and it is an article of faith that they are meant to rule - and by any means necessary.

Each and every one of them deserves to die.

23 posted on 03/14/2003 7:41:36 PM PST by Noumenon
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To: tpaine
It is high time for the federal government to outlaw gun possession by anyone except the police and the military, and to round up all firearms currently in private hands.

That very first sentence says it all: A state where only the police and military have guns is, by definition, a police state.

24 posted on 03/14/2003 7:43:56 PM PST by Skibane
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To: Noumenon
Molon Labe.
25 posted on 03/14/2003 7:53:08 PM PST by Bedford Forrest (Roger, Contact, Judy, Out. Fox One. Splash one.)
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To: tpaine
Moreover, Domestic Disarmament offers an entirely new vantage point from which to view the firearms issue--from the communitarian context, in which the individual's responsibilities to society are seen as more important than the unlimited exercise of rights.

Communitarian-- have to keep that term in mind.

26 posted on 03/14/2003 8:00:30 PM PST by Ken H
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To: Wonder Warthog
Communitarians! (spit!)
27 posted on 03/14/2003 8:07:49 PM PST by tacticalogic (Controlled application of force is the sincerest form of communication.)
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To: tpaine
No need to read this. We all know what happens when people are unarmed and their goobermint is armed.

No need to read this. We all know why these people want us unarmed, and it ain't for our safety.

No need to read this. We know what idiots these "junk scientists" liberals are.

28 posted on 03/14/2003 8:10:38 PM PST by PatrioticAmerican (Arm Up! They Have!)
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To: tpaine
The root of their "ban guns" campaign is using government guns to enforce the no gun policy. That, alone, shoots their idea full of holes.

"We hate guns, so we will use guns to disarm the people."
29 posted on 03/14/2003 8:13:19 PM PST by PatrioticAmerican (Arm Up! They Have!)
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To: longtermmemmory
Read more of the article ... the author is on our side.
30 posted on 03/14/2003 8:13:57 PM PST by coloradan
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To: tpaine
Read the entire article folks. Its not a gun-grabber screed, but an article by pro-2A authors to debunk the gun-grabber's screed.

Here is the .pdf version of the same thing. Its actually a good read, chockful of calm rational debunking of the 'disarmament' arguments. Besides, one look at the author, Dave Kopel, tells me that this is NOT a gun-grabber's screed. Add Don Kates, Eugene Volokh, and others to the people involved in this article, its a virtual plethora of pro-2A scholars and researchers.

31 posted on 03/14/2003 8:17:19 PM PST by Frohickey
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To: tpaine
Not going to bother to read it. Do they at least admit they need to amend the Constitution first?
32 posted on 03/14/2003 8:21:11 PM PST by DManA
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To: tpaine
"It is high time for the federal government to outlaw gun possession by anyone except the police and the military, and to round up all firearms currently in private hands."

It's not every day you hear someone call for civil war.

33 posted on 03/14/2003 8:21:28 PM PST by Uncle Miltie (Wheat is Murder! (Tilling slaughters worms.....))
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To: DManA
The article is written by friendlies, rebutting the claims of the gun banners. And well.
34 posted on 03/14/2003 9:38:08 PM PST by coloradan
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To: coloradan
Actually, the first sentence sounds exactly like a former supervisor of mine. He calmly, rationally, and sanely insisted that the best thing for society was to do a house to house search for those nasty guns & get rid of them once and for all...

OH, and he's Jewish. I can't understand the willful ignoring of history. He lost grandparents in the Holocaust for heavens sake. I'd have tactical nukes in my basement if I were Jewish. 'If you come for me...we'll all go together' kind of logic.
35 posted on 03/14/2003 9:43:22 PM PST by Black Agnes
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To: Noumenon
You need to check out this thread, where Pitchfork is making a similar claim... he wants to run a "cost-benefit" analysis on our Rights to own guns, to see if it's worth it.
36 posted on 03/14/2003 9:58:50 PM PST by Teacher317
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To: tpaine; ~Kim4VRWC's~
Excellent list of Free Republic pages maintained by freeper, ~Kim4VRWC's~:
Updated Gun Control and related links here (#9)

37 posted on 03/14/2003 10:01:28 PM PST by First_Salute
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To: First_Salute
Hi there! I think some of the links have stopped working..which is a shame..

thanks for the ping!
38 posted on 03/14/2003 10:14:30 PM PST by Freedom2specul8 (Please pray for our troops.... http://anyservicemember.navy.mil/)
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To: Jagdgewehr
"Moreover, Domestic Disarmament offers an entirely new vantage point from which to view the firearms issue--from the communitarian context, in which the individual's responsibilities to society are seen as more important than the unlimited exercise of rights."


Not so. Basically the same ol' argument that been going on for the last 100 years.
-JG-

Exactly, and its been going on here at FR for over five years.
-- Closet 'communitarians' abound on this site, - those who argue that some rights must be limited for just ~their~ single issue, of course.
- The fact is, - that once the prohibition camel has its nose in the tent on one issue, the game is up for grabs on the rest.
39 posted on 03/14/2003 11:13:17 PM PST by tpaine
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To: tpaine
BTTT
40 posted on 03/15/2003 1:53:39 AM PST by spodefly (This is my tag line. There are many like it, but this one is mine.)
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