Thursday, November 13, 2008

Going nowhere

Mr. Anonymous:

I am pretty certain this is a discussion that will eventually lead nowhere, but to continue it for the moment, and for the sake of the argument:


I have no illusions this will persuade any of the true believers… Yes, this is a truism, as such it needs no facts or logic.

…It is written in a deceptive way as if you are trying to lull the reader into thinking there is no agenda to ban certain clasess of guns. I do not believe that taking guns away from people who already own them is identical with banning certain classes of guns. I have never seen it said anywhere that there is any intention of taking away any presently owned guns (am I wrong about this?). I admitted that Obama might want to ban the sales of certain kinds of weapons. I see nothing deceptive in this.

If you would protest vehemently…why would you be surprised if others…
As above, I do not think they are threatened. If they were I would not be surprised.

…the discussion of hunting is totally irrelevant…While I agree that the right to keep and bear arms did not have to do with hunting, I believe the issue of hunting is entirely relevant. While I cannot prove it with “facts,” I believe it is logical to believe that in the eyes of many people in the United States the possession of hunting rifles and shotguns is considered “legitimate.” Handguns are probably considered more or less legitimate for home defense, although many people would disagree. That is, most people perceive that such weapons are useful for obvious purposes. Those who wish to ban assault weapons do not perceive them in quite the same way. How do you conclude that the right to bear arms is not about perceived needs? Why would anyone want them if they did not perceive a need for them? I also have some trouble with your distinction between needs and rights. I cannot see how switching to perceived needs is much of a diversion.

I have never read Kopel. I do not dispute that people have a fundamental right to self defense. And I suppose that one might argue that owning an assault rifle is for self defense. However, the right of self defense does not, it seems to me, necessarily specify the right to employ firearms for that purpose. One could also use hand grenades or howitzers for self defense but, that would probably not be entirely desirable from the point of view of the public at large. It’s an interesting point but I don’t think the right of self defense specifically has to do with firearms.

…I think you have lived a very sheltered life as a professor…You know absolutely nothing about my life other than that I was a Professor of Anthropology at UCLA. And you accuse me of stereotyping! Furthermore, while we do want to prepare for the unexpected as well as the expected, I, at least, am not preparing to be attacked from outer space, nor am I expecting to be attacked by my own government, or Russia, or China, or Cuba, or Eskimos.

…The government will want to ban any weapons, and in another breath you said …Obama would be in favor of banning…I did not say there was no threat the government would ban weapons, I said there was no threat they would take away weapons. There is no contradiction involved. I guess you would argue that banning something is the same as taking it away, but I don’t think so.

…it is proper to own assault weapons…to defend your right to own guns if your government wanted to take them away…I don’t think I said that. I implied that people had a right to protect their guns if they were threatened, I didn’t say assault weapons. Indeed, the question as to whether people should own assault weapons at all is one of the points at issue. And I do believe it irrational to believe the government might take away your guns (of any kind), just because they want to have some controls here and there. Banning the sale of assault rifles is not the same as taking away your guns. I said I believed it was irrational to believe we are about to be attacked by our government, another government, another race, or people gone mad with hunger or something, and for that reason to insist upon owning assault rifles, 50 caliber machine guns or whatever.

As far as stereotyping groups of people, and using incendiary language, I confess to being guilty. But there is a group (or bunch, or number or collection, or category) of people in the United States that seem to believe they should have absolute rights to own any kinds of weapons they want, irrespective of the public good, and, indeed think everyone should be armed, people should be allowed to carry guns into schools, national parks, and even churches. There have been towns that have even passed laws saying that all citizens should carry arms. I confess, I think these people are “nuts.” You may disagree. It is, after all, a free country. But you still cannot yell “fire” in a crowded theatre.

LKBIQ:
We merely want to live in peace with all the world, to trade with them, to commune with them, to learn from their culture as they may learn from ours, so that the products of our toil may be used for our schools and our roads and our churches and not for guns and planes and tanks and ships of war.
Dwight D. Eisenhower

TILT:
The first commercially successful automatic pistol was marketed in 1884.

4 comments:

Anonymous said...

Thank you for thoughtfully responding. You now sound like a professor (in a good way).

"I am pretty certain this is a discussion that will eventually lead nowhere...."

Actually, we are getting somewhere, and the arguments are being thoroughly vetted and flushed out. This is exactly the goal that I had in mind. It took a lot of work, but the distinction between banning current ownership and future ownership has finally been threshed out. I doubt that a savvy administration would attempt to ban currently owned assault weapons. This poses too many obvious problems. It does not change the fact that banning the future acquisition of assault weapons is a violation of the right to keep and bear arms.


"How do you conclude that the right to bear arms is not about perceived needs?"

There are two issues that must be distinguished in answering this. First, the theory behind the right to keep and bear arms does, in fact, depend upon perceived needs. The founders had very well developed theories about such needs when they drafted the Constitution. These theories were based on hard experience under a totalitarian regime. However, the issue of interpretation of legal documents does not depend upon perceived needs. This is the distinction that people need to understand.

Those who want to ban assault weapons are trying to change the definition of how they view the perceived needs of the right to keep and bear arms as compared to the drafters of the Constitution. That is fine. I don't agree with their changed definition, but they are allowed to think as they please. However, they are then erroneously trying to apply their changed definition to interpret and change the meaning of the Constitution. This is invalid reasoning when interpreting contracts because following this methodology results in all contracts (including the Constitution) having no enforceability or meaning because the obligated parties can just unilaterally reinterpret and alter covenants at will without a formal negotiating process.

The very foundations of society rest upon the unambiguous enforceability of covenants. Any other approach to covenants results in violence and conflict as anyone with sufficient followers seeks to impose their interpretation of covenants against those who posses that which they want. While it is tempting to play a game of changing foundational definitions to achieve one's goal, ostensibly in the name of preventing violence, it will only increase violence as uncertainty in the foundation of society makes everything built upon it unstable as well. (As an aside, this is the key to understanding urban violence. There are several key instabilities in the urban social foundation that need to be shored up. Until this happens, our urban centers will be unstable and riddled with violence. All efforts to solve urban violence that fail to repair the faulty foundation will fail.)

Without descending into a never ending legal debate on the issue, think of it this way. If someone purchases a house via a mortgage at a specified rate of interest and interest rates decline after the signing of the contract, the payor of the interest will naturally want to use the new, lower rate. However, unless the contract specifically allows him to switch to a lower rate (which it probably won't), he is stuck with the terms of the existing contract. The only way around this is to negotiate an amendment to the existing contract or a new contract if the current holder of the mortgage is willing to do so. However, if the current holder is not willing to change the interest rate term, the payor cannot sneak around the obligation by shouting from the roof tops that his perception of the interest rate shows that it is unfair, and as a result, he is going to unilaterally change it.

So, if certain people do not like the plain meaning of a part of the Constitution, there are only three proper ways to deal with it. First, chill out and adopt the creed of live and let live. Second, adopt an amendment to the existing Constitution. Finally, scrap the current Constitution, and adopt a new one. It does not seem like any of these options are even remotely on the radar at the moment. Some people are trying to shift the argument to the issue of perceived needs in order to get around a general unwillingness to alter the Constitution. However, this is like building a house on sand. A constitution based on the idea that contractual obligations can be changed with the whims of culture without going back to the negotiating table is not stable.


Even if you disagree on all of the above, I hope that you will agree that the laws of thermodynamics constantly pull us and our society toward the abyss. Everything around us (including us) wants to rot, decay, and fall apart, and it will unless we maintain constant vigilance. We must never think that just because we currently live in peace and prosperity that it will continue this way forever. The right to keep and bear arms is an acknowledgment of the fact that our society and institutions always seek out a lower, more chaotic energy level. The right to keep and bear arms is one of many tools that are used to keep the decay at bay. Assault weapons, due to the fear that they inspire in those who promote decay, are a fundamental tool that works to halt the decay of our world.

Anonymous said...

"Everything around us (including us) wants to rot, decay, and fall apart, and it will unless we maintain constant vigilance." Interesting reference. Are you aware of the work of stevedore philosopher Eric Hoffer, who wrote "The Ordeal of Change?"

Anonymous said...

I have not read Hoffer's works. I will add it to my to do list. I am curious to investigate how various groups use and interpret his works. That can be the most interesting thing of all.

Anonymous said...

M...Re the conversation on guns...check this out:

http://d-day.blogspot.com/2008/11/paranoia-industry.html

A good lesson in how to increase gun sales...