Heller's Self-Defense

2010 ◽  
Vol 13 (3) ◽  
pp. 449-484 ◽  
Author(s):  
Boaz Sangero
Keyword(s):  
Social Contract ◽  
District Of Columbia ◽  
Natural Right ◽  
Second Amendment ◽  
Self Defense ◽  
Person Following ◽  
The Social ◽  
Constitutional Right ◽  
The Right

This article reflects on District of Columbia v. Heller and proposes a new footing and limit to the right to bear arms: a person's inalienable right to selfdefense. Self-defense is a natural right embedded in personhood and is antecedent to the social contract that sets up a state. This right consequently remains with the person following the establishment of the state and allows her to use proportional force necessary for resisting aggression. The right to bear arms derives from the constitutional right to self-defense, which merits protection under both the Ninth and Fourteenth Amendments. This instrumental nexus calls for a dynamic determination of the scope of the right to bear arms under the Second Amendment, along Heller's lines. The scope of the right to bear arms should be defined by an ordinary citizen's necessity to use arms in defending herself proportionally against criminals. This criterion will allow courts to deliver both predictable and balanced decisions that align with originalism.

Why Regulate Guns?

2020 ◽  
Vol 48 (S4) ◽  
pp. 11-16 ◽  
Author(s):  
Reva B. Siegel ◽  
Joseph Blocher
Keyword(s):  
Public Health ◽  
Public Safety ◽  
District Of Columbia ◽  
Social Good ◽  
The Public ◽  
Second Amendment ◽  
Self Defense ◽  
Gun Laws ◽  
The Many ◽  
The Right

Courts reviewing gun laws that burden Second Amendment rights ask how effectively the laws serve public safety — yet typically discuss public safety narrowly, without considering the many dimensions of that interest gun laws serve. “Public safety” is a social good: it includes the public's interest in physical safety as a good in itself, and as a foundation for community and for the exercise of constitutional liberties. Gun laws protect bodies from bullets — and Americans' freedom and confidence to participate in every domain of our shared life, whether to attend school, to shop, to listen to a concert, to gather for prayer, or to assemble in peaceable debate. Courts must enforce the Second Amendment in ways that respect the public health and constitutional reasons a democracy seeks to protect public safety. Lawyers and citizen advocates can help, by creating a richer record of their reasons in seeking to enact laws regulating guns. This inquiry is urgent at a time when the Supreme Court's new conservative majority may expand restrictions on gun laws beyond the right to keep arms for self-defense in the home first recognized in District of Columbia v. Heller in 2008.

Afterword Quilting the Black-Eyed Pea

2019 ◽  
pp. 257-272
Author(s):  
Michael O. West
Keyword(s):  
Social Contract ◽  
The United States ◽  
The Self ◽  
Declaration Of Independence ◽  
The Social ◽  
The Us ◽  
The Republic ◽  
To Come ◽  
A Charge

It is a truism that black folk in the United States are an international people. From the beginning of the republic, they were compelled by force of domestic (national) circumstances to internationalize their struggle for liberation, the founders having excluded them from the US social contract. The initial affidavit of exclusion is right there in the inaugural document of the social contract, the Declaration of Independence, which, ever so cryptically, damned the king of England for having “excited domestic insurrections amongst us.” This was an attack on the self-emancipatory activities of the enslaved descendants of Africa, who were exploiting the chaos caused by the anticolonial rebellion to claim their freedom, sometimes in cahoots with the British colonialists. Unable or unwilling to confront their own contradictions, the authors of the Declaration of Independence condemned the self-determination of the slaves as the doing of outside agitators, a charge that would be hurled at African American movements and activists for generations to come—up to the present time, in fact....

Foundations II

2021 ◽  
pp. 193-215
Author(s):  
Mogens Lærke
Keyword(s):  
Social Contract ◽  
Natural Law ◽  
Collective Security ◽  
Causal Account ◽  
Natural Right ◽  
The Social ◽  
Theoretical Evolution

This chapter explores Spinoza’s doctrine of the social contract and his understanding of natural law and natural right. Contrasting his views with those of Hobbes, it interprets the social contract not as a logical, historical, or causal account of the state’s foundations, but as a fictive narrative, grounded entirely in the imagination, that citizens in a free republic must embrace in order to prevent mutual persecution and ensure collective security. It also argues how such a reading of the social contract can help resolve fundamental tensions between the Tractatus theologico-politicus and the later Tractatus politicus that until now have been most convincingly explained in terms of a fundamental theoretical evolution between Spinoza’s two political treatises.

US Welfare Reform: Rewriting the Social Contract

2009 ◽  
Vol 38 (3) ◽  
pp. 383-399 ◽  
Author(s):  
NEIL GILBERT
Keyword(s):  
Social Contract ◽  
Public Assistance ◽  
Welfare Policy ◽  
Social Forces ◽  
Deficit Reduction ◽  
The Social ◽  
Recent Developments ◽  
The Right ◽  
Temporary Assistance ◽  
Welfare Reforms

AbstractThis paper analyses recent developments in US welfare policy and their implications for future reforms. The analysis begins by examining how the enactment of the Temporary Assistance for Needy Families (TANF) programme in 1996 changed the essential character of public assistance and the major social forces that accounted for this fundamental shift in US welfare policy. It then shows how the most recent welfare reforms under the Deficit Reduction Act of 2005 broadened and intensified the TANF requirements, leaving four avenues along which issues of conditionality and entitlement are likely to be played out in future welfare reforms. Finally, the discussion highlights how a new social contract is being forged through progressive and conservative proposals, which shift the focus of public assistance from the right to financial support to the right to work and earn a living wage.

scholarly journals Psychoanalysis and Deconstruction, A Love Story

2015 ◽  
Vol 23 (2) ◽  
pp. 35-44
Author(s):  
Kelly Oliver
Keyword(s):  
Social Contract ◽  
The Self ◽  
The Other ◽  
Love Story ◽  
The Social ◽  
Origin Story ◽  
The Right ◽  
The Voice

In The Right to Narcissism: A Case for Im-Possible Self-Love, Pleshette DeArmitt opens the space for an alternative to origin story so popular with political philosophers, namely, the social contract, which assumes a rational and self-identical subject.  She does this obliquely by deconstructing narcissism as love of the self-same, or, love of what Kristeva might call “the clean and proper self.”  Like Echo interrupting Narcissus’s soliloquy of deadly self-absorbed pleasure and his solitary auto-affection upon seeing his own reflection, Pleshette interrupts the seeming proximity of self-same, the closeness of near, and the propinquity of proper by deflecting the image of Narcissus onto the voice of Echo, who comes into her own by repeating his words.  How, asks Pleshette, can Echo’s reiteration of the words of another be anything more than mere repetition or reduplication?  Echoing Derrida, she answers that it is through a declaration of love.  Echo’s repetition of the words of Narcissus take on new meaning, and allow her to express herself, and her love, through the words of the other.  After all words are words of the other.  Language comes to us from the other.  Echo becomes a self, a “little narcissist,” through an address from and to the other, through the appropriation and ex-appropriation of the other’s words. 

scholarly journals PENERAPAN METODE K-MEANS UNTUK PEMETAAN CALON PENERIMA JAMKESDA

2018 ◽  
Vol 5 (2) ◽  
pp. 190
Author(s):  
M. Nanda Variestha Waworuntu ◽  
Muhammad Faisal Amin
Keyword(s):  
Data Mining ◽  
Health Insurance ◽  
Social Welfare ◽  
Community Service ◽  
Regional Health ◽  
The Social ◽  
Value Determination ◽  
The Right ◽  
To Receive

<p><em>Kelurahan Kemuning, one of the Social Welfare Section, there is poor community service to receive Regional Health Insurance. During this section of Social Welfare Section in Kelurahan Kemuning, there is no method that can classify the level of poverty so that the beneficiaries on target, so the Kelurahan can't prevent the inaccuracies. Therefore, poverty grouping can assist Kelurahan in making the right decision to prevent the inaccuracies of recipients of Regional Health Insurance. In this research, the application of the k-means method is implemented in an application made with 2 clusters. This study uses as many as 440 data samples. From result of calculation of Davies Bouldin Index obtained value determination of cluster amount with value 2 cluster (0,243), 3 cluster (0,256), 4 cluster (0,275). The value used is 2 clusters because the value is close to 0</em><strong><em>.</em></strong></p><p><em><strong>Keywords</strong></em><em>: </em>:<em> data mining, k-means, poverty, davies bouldin index</em> </p><p><em>Pada Kelurahan Kemuning salah satunya Seksi Kesejahteraan Sosial (KESSOS) terdapat pelayanan masyarakat miskin untuk menerima bantuan Jaminan Kesehatan Daerah (JAMKESDA). Selama ini bagian Seksi KESSOS pada Kelurahan Kemuning belum ada metode yang dapat mengelompokkan tingkat kemiskinan agar penerima bantuan tepat sasaran, sehingga pihak Kelurahan tidak dapat mencegah ketidaktepatsasaran tersebut. Oleh sebab itu, pengelompokan kemisikinan dapat membantu pihak Kelurahan dalam mengambil keputusan yang tepat untuk mencegah ketidaktepatsasaran penerima JAMKESDA. Pada penelitian ini, penerapan metode K-Means diimplementasikan pada aplikasi yang dibuat dengan 2 klaster. Penelitian ini menggunakan sebanyak 440 sampel data. Dari hasil perhitungan Davies Bouldin Index diperoleh nilai penentuan jumlah cluster dengan nilai 2 klaster (0.243), 3 klaster (0.256), 4 klaster (0.275). Nilai yang digunakan adalah 2 klaster karena nilai tersebut mendekati 0.</em></p><em><strong>Kata kunci</strong></em><em>: </em><em>data mining, k-means, kemiskinan, davies bouldin index</em>

POST-SOVIET DRAMA OF INTERNATIONAL RELATIONS (IN CONNECTION WITH THE 99TH ANNIVERSARY OF THE FORMATION OF THE USSR AND THE 30TH ANNIVERSARY OF ITS ABOLISHMENT)

2021 ◽  
pp. 62-75
Author(s):  
Aleksandr В. Lyubinin
Keyword(s):  
Soviet Union ◽  
Self Determination ◽  
30Th Anniversary ◽  
The Soviet Union ◽  
Real Process ◽  
Single State ◽  
Constitutional Right ◽  
The Right ◽  
The Relationship

The article was prepared in connection with the 99th anniversary of the formation of the USSR and the 30th anniversary of the termination of its existence. The article reveals the relationship between the norms of the Constitution of the USSR of 1924 (and subsequent versions of the document) on the self-determination of nations and their right to secede from the Union with the real process of destruction of a single state. It is shown that the disintegration of the Union was carried out not in connection with the constitutional right of the union republics to self-determination, not with the observance of the appropriate procedures for leaving the single state, but, on the contrary, on an anti-constitutional basis. The author reveals the artificial and politically motivated nature of the arguments regarding the «mines» laid down in their time by the Bolsheviks under the national state structure of the USSR. This device turned out to be productive both for repelling military aggression and for peaceful construction, because it was formed taking into account the totality of the binding circumstances of its time, on the principles of equality and voluntary self-determination. It has been proven that the absence of the right to secede from parts of a single state does not provide any guarantees against the collapse of this state, an example of which is the European monarchies that ended their journey at the beginning of the 20th century, as well as the events in the USSR and around the Chechen Republic. The fundamental difference between constitutional multinational formations, one of which was the Soviet Union, and formations built on a contractual basis following the example of the Gorbachev SSG, the Belovezhskaya agreement on the creation of the CIS and the Union State of Russia and Belarus, is revealed.

The ‘Right of the Stronger’: Hobbes contra Spinoza

2020 ◽  
pp. 280-306
Author(s):  
Alexandre Matheron
Keyword(s):  
Social Contract ◽  
Human Action ◽  
Short Discussion ◽  
Real Effects ◽  
The Core ◽  
The Social ◽  
Moral Power ◽  
The Right

Many agree that Rousseau’s The Social Contract takes Hobbes as its target. Does his critique of Hobbes also apply to Spinoza? In this essay, Matheron systematically compares Hobbes and Spinoza’s respective political philosophies with an eye to Rousseau’s criticism of the notion of the ‘right of the stronger’. As Matheron shows, Rousseau’s critique misses the mark in both cases, but for different reasons. The core of Spinoza’s innovation with respect to both Hobbes and Rousseau is his rejection of the idea of right as a moral power distinct from physical power and his identification of right with power. Power, for Spinoza, is not simply corporeal power, but rather the capacity to produce real effects in nature. But whereas Hobbes’s view appealed to the use of reason to determine what is best for preserving ourselves, Spinoza sees all human action as expressions of greater or lesser degrees of power governed instead by desire. Matheron concludes with a short discussion of the right to revolt in Hobbes, Spinoza, and Rousseau.

The Gilets Jaunes and the New Social Contract

2021 ◽  
Author(s):  
Charles Devellennes
Keyword(s):  
Social Movement ◽  
Social Contract ◽  
Political Leaders ◽  
The Social ◽  
The World ◽  
Fundamental Challenge ◽  
New Type ◽  
The Individual ◽  
The Right ◽  
The Impact

This book provides a detailed account of the gilets jaunes, the yellow vest movement that has shaken France since 2018. The gilets jaunes are a group of French protesters named after their iconic yellow vests worn during their demonstrations, who have formed a new type of social movement. They have been variously interpreted since they began their occupation of French roundabouts: at first received with enthusiasm on the right of the French political establishment, and with caution on the left. They have provided a fundamental challenge to the social contract in France, the implicit pact between the governed and their political leaders. The book assesses what lessons can be drawn from their activities and the impact for the contemporary relationship between state and citizen. Informed by a dialogue with past political theorists — from Hobbes, Spinoza and Rousseau to Rawls, Nozick and Diderot — and reflecting on the challenges posed by the yellow vest movement, the book rethinks the concept of the social contract for contemporary societies around the world. It proposes a new relationship between the state and the individual, and establishes the necessity of rethinking the modern democratic nature of our representative polities in order to provide a genuine process for the healing of social ills.

The Right to a Father's Name: A Historical Perspective on State Efforts to Combat the Stigma of Illegitimate Birth in Brazil

2012 ◽  
Vol 30 (1) ◽  
pp. 1-36 ◽  
Author(s):  
Sueann Caulfield
Keyword(s):  
Child Support ◽  
Social Stigma ◽  
Primary Objective ◽  
State Agencies ◽  
Project Staff ◽  
Illegitimate Birth ◽  
The Social ◽  
Constitutional Right ◽  
The Right ◽  
Birth Registries

Over the past decade, state agencies throughout Brazil have launched initiatives that aim to defend children's rights to their father's name. These initiatives take the form of discrete programs in different states, all of which seek to identify children who lack a paternal last name—an estimated 10–25 percent of all Brazilian children —in hopes of finding their fathers and encouraging or obligating them to legally recognize their paternity and inscribe their names on the children's birth registries. Project staff also sometimes formalize child support arrangements, although this is not the primary objective. Instead, Responsible Paternity projects (as most of them are known) seek to free children from the social stigma of illegitimate birth, thus protecting their constitutional right to equality and human dignity.

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