Paul_Chance
The Watcher
- Joined
- Dec 23, 2011
- Posts
- 21,417
From Natural Rights to Concealed Carry
I'll sum up the Natural Rights theory that underpins the 2nd Amendment.
1. Natural Rights arise from the very nature of human beings. As such, they are universal (all humans have them by virtue of being human) and inalienable (since they do not arise from any specific law or culture, no specific law or culture can restrain them). The concept is very ancient and first appears in Zoroastrian texts (approximately 3500 BCE) and came to their first fruition under the stoics, perhaps best articulated by the Roman Cicero. From there, they became enshrined in Catholic Law, traveled down through history and into the Enlightenment, where they were eloquently articulated by John Locke
2. Locke identified three primary natural rights - life, liberty and property. This theory was one of the primary philosophical reasons/justifications for the America Revolution (that the King was depriving them of both their natural rights and their civil rights). Natural Rights are reflected in the Declaration of Independence and then further downstream in the Constitution.
3. The US Constitution is the framing document for the Federal Government. The enumeration included in the Bill of Rights was a restatement of this influential founding philosophy:
1st - Liberty (freedom of religion, freedom of press, speech, assembly, petition)
2nd - Life/Liberty
3rd through 10th - Liberty, Property
4. To break down the Natural Right protected in the 2nd, the right to life.
-You have a right to live your life. No government or culture gave this to you. It is inherent (and hence inalienable) because of your natural state.
-You have a right to defend your life (either from criminal acts or goverments acting as criminals (tyranny)
-"Arms", including guns, are instruments that can be effectively used to protect your life (and the lives of your family) from individual tyranny (crime) and collective tyranny (government).
-Without individual arms you (the individual) are at the mercy of armed individuals, either singularly or collectively
-If the government, through unjust laws, attempts to deprive you of your right to bear arms, the government is, in effect, restricting your natural right to self-defense, placing you at the mercy of others who are armed or simply bigger, faster, stronger, and meaner.
-Therefore the US Federal Government, formed by the Constitution (Civil Law), respectful of your natural rights, shall not (cannot under law) restrict your individual right to bear arms (buy, keep, store, and lawfully use).
That's pretty much the sum of it on a thumbnail. Though initially written to restrict the Federal government from infringing on Natural Rights, it was expanded to the States and other jurisdictions by the 14th Amendment.
Do you have the right to life (to live)?
Do you have the right to defend yourself?
Do you have the right to effectively defend yourself? (Keeping in mind that the the wild law of the world, as demonstrated in nature, is the strong take, the weak give (or get eaten), and they have no redress. Arms in general, guns in particular, level the field and make a 70 year old woman capable of stopping a 18 years old man and so protecting all three natural rights - life, liberty, and property.
*Edited to correct a typo/grammatical error
I'll sum up the Natural Rights theory that underpins the 2nd Amendment.
1. Natural Rights arise from the very nature of human beings. As such, they are universal (all humans have them by virtue of being human) and inalienable (since they do not arise from any specific law or culture, no specific law or culture can restrain them). The concept is very ancient and first appears in Zoroastrian texts (approximately 3500 BCE) and came to their first fruition under the stoics, perhaps best articulated by the Roman Cicero. From there, they became enshrined in Catholic Law, traveled down through history and into the Enlightenment, where they were eloquently articulated by John Locke
2. Locke identified three primary natural rights - life, liberty and property. This theory was one of the primary philosophical reasons/justifications for the America Revolution (that the King was depriving them of both their natural rights and their civil rights). Natural Rights are reflected in the Declaration of Independence and then further downstream in the Constitution.
3. The US Constitution is the framing document for the Federal Government. The enumeration included in the Bill of Rights was a restatement of this influential founding philosophy:
1st - Liberty (freedom of religion, freedom of press, speech, assembly, petition)
2nd - Life/Liberty
3rd through 10th - Liberty, Property
4. To break down the Natural Right protected in the 2nd, the right to life.
-You have a right to live your life. No government or culture gave this to you. It is inherent (and hence inalienable) because of your natural state.
-You have a right to defend your life (either from criminal acts or goverments acting as criminals (tyranny)
-"Arms", including guns, are instruments that can be effectively used to protect your life (and the lives of your family) from individual tyranny (crime) and collective tyranny (government).
-Without individual arms you (the individual) are at the mercy of armed individuals, either singularly or collectively
-If the government, through unjust laws, attempts to deprive you of your right to bear arms, the government is, in effect, restricting your natural right to self-defense, placing you at the mercy of others who are armed or simply bigger, faster, stronger, and meaner.
-Therefore the US Federal Government, formed by the Constitution (Civil Law), respectful of your natural rights, shall not (cannot under law) restrict your individual right to bear arms (buy, keep, store, and lawfully use).
That's pretty much the sum of it on a thumbnail. Though initially written to restrict the Federal government from infringing on Natural Rights, it was expanded to the States and other jurisdictions by the 14th Amendment.
Do you have the right to life (to live)?
Do you have the right to defend yourself?
Do you have the right to effectively defend yourself? (Keeping in mind that the the wild law of the world, as demonstrated in nature, is the strong take, the weak give (or get eaten), and they have no redress. Arms in general, guns in particular, level the field and make a 70 year old woman capable of stopping a 18 years old man and so protecting all three natural rights - life, liberty, and property.
*Edited to correct a typo/grammatical error
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