Is there a human right to defend oneself against a violent attacker? Is there an individual right to arms under international law? Conversely, are governments guilty of human rights violations if they do not enact strict gun control laws?David B. Kopel, Paul Gallant, and Joanne D. Eisen have a new article published in the Brigham Young University Journal of Public Law. Access it by clicking on the title link to the BYU current journal page, and then clicking on the 3rd item down.
[Via Paul Gallant]
6 comments:
I don't know about you, but my rights are non-negotiable. Treaty or no treaty, law or no law, judicial opinion or no judicial opinion, my rights were endowed to me by my creator. Any attempt to usurp my rights by act of "law" or force are an open declaration of war against me (see the works of John Locke). I will not bow to the throne of legislative, executive or judicial oppression. So help me G_d.
If you really don't know about me, anon, look around. From the sound of things, you've come to the right place.
Ok, I got as far as the sentence where the UN committee was quoted as saying that rape was not a serious injury. I will eventually read the rest of the article, when I can. Meanwhile my opinions follow.
The right to self defense and the individual ownership of arms IS the cornerstone of civilisation.
One can not have equality without the equality of force.
The firearm, most especially the repeating firearm, is the Great Equalizer.
It is the most effective force multiplier yet invented for the individual.
"Is there a human right to defend oneself against a violent attacker?"
The corollary would be:
Does there exist a right to violently attack another without impediment?
Why are we still unsure about the nature of mankind this long after the enlightened age which modernized philosophy, government and psychology? Those who continue to promote the idea that government -- which exists only in the mind of man -- can somehow change or negate man's nature are likely immature both emotionally and intellectually.
p.s. Have not yet read the article, just commenting on the question.
Than you David for preparing me to better defend against the following lie which at face value is designed to fool even a card carrying NRA member. Also, why stop at making a candidate an "unperson" when CNN can marginalize one of the second amendments strongest advocates and staunchest defenders. Please see below what CNN says we should believe about your A+ rated man. You have my respect and I will look to your ratings for future elections and now back to the outrageously slanderous “news”:
http://www.cnn.com/ELECTION/2008/issues/issues.gun.html
Opposed 3-day gun show background check requirement in favor of a 24-hour check. Has a B rating from the NRA.
If a man comes to kill you, rise up early and kill him first.
If a man has no sword, let him sell his cloak and buy one.
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