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Kant Second Amendment

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This recognition was carried over into the wording of the Second Amendment which states, "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." It might be surprising to some that these 27 words comprise the entirety of the Second Amendment. In the run up to the American Revolutionary war, the citizens of the American colonies were restricted in their gun rights by the British Government (Henderson, 2000). Forming a militia to fight the British was essential in establishing the freedom for the citizens. Thus when the framers of the United States Constitution formed the language in the Second Amendment, their inclusion of the right to bear arms language …show more content…

With the American Revolution occurring at the end of the Enlightenment period in philosophy, the authors of the Constitution were steeped in the philosophy of the day. This era of brought about a great shift in thoughts of duty and liberty. Immanuel Kant was arguably the most popular philosopher of the Enlightenment and was certainly known and studied by the framers of the Constitution. In his work _The Groundwork of the Metaphysics of Morals_ (1785), Kant established what he called the Categorical Imperative. This imperative states that it is the duty of mankind to operate in such a way that the highest of ideals is represented in every action and that it is man's duty to provide safety to his society. A set of rational controls over dangerous weapons would have fallen within Kant's philosophy. With the drafting of the Constitution beginning in 1787, Kant's sentiments would have been fresh on the framer's minds.

Another essential philosopher during the Enlightenment Era was Jean-Jacques Rousseau. Rousseau was the only contemporary philosopher of the time to have a philosophy of governance, thus his influence was great in the drafting of the Constitution. In The Social Contract (1762), Rousseau posits that civil society is an interweaving of its citizens and that government should operate as "a moral and collective body" …show more content…

Rousseau's greatest points are that when a government collectively operates in its highest morals and for the citizen's highest ideals, is the most effective method of governance.

Today these philosophical positions have grown and taken deeper root in the international governmental stage. The works of philosopher Martha Nussbaum has taken these understandings reached during the age of enlightenment and represented them in what is known as The Capabilities Approach. This work has gone on to influence the United Nations in the creation of the Human Development Index. Nussbaum's book _Creating Capabilities,_ she puts forth her List of Central Capabilities; the first three are of interest.

1.Life. Being able to live to the end of a human life of normal length; not dying prematurely, or before one's life is so reduced as to be not worth living.

2.Bodily Health. Being able to have good health, including reproductive health; to be adequately nourished; to have adequate shelter.

3.Bodily Integrity. Being able to move freely from place to place; to be secure against violent assault, including sexual assault and domestic violence; having opportunities for sexual satisfaction and for choice in matters of reproduction (p.

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