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10 - The Silence of the Second

from Part One - Science and Society

Published online by Cambridge University Press:  05 November 2014

Leon N. Cooper
Affiliation:
Brown University, Rhode Island
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Summary

The Second Amendment is silent on the issue of whether the right to keep and bear arms is absolute. Does it guarantee the right to carry loaded weapons into a kindergarten classroom?

In his famous parable, “The Silence of the Sirens,” Franz Kafka tells us that the sirens have a still more fatal weapon than their song, namely their silence. “It is conceivable,” he says, “that someone might possibly have escaped from their singing; but from their silence certainly never.”

That more fatal weapon, silence, is, perhaps, the key to the continuing ambiguity in the interpretation of the Second Amendment.

If the founders had wanted to guarantee “the right of the people to keep and bear Arms” they could have done so in a completely transparent manner: “Congress shall make no laws that infringe on the right of the people to keep and bear arms.” They did not. Why not? Why did they remain silent on so important an issue?

What they did say was: “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.”

The most natural and unstrained interpretation of this statement is that it concerns the necessity for a “well regulated” militia (a pressing issue at the time) and forbids the government from disarming the militia.

Type
Chapter
Information
Science and Human Experience
Values, Culture, and the Mind
, pp. 73 - 75
Publisher: Cambridge University Press
Print publication year: 2014

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References

Kafka, Franz (1976). The Great Wall of China: Stories and Reflections, New York: Schocken Books.Google Scholar

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  • The Silence of the Second
  • Leon N. Cooper, Brown University, Rhode Island
  • Book: Science and Human Experience
  • Online publication: 05 November 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107337879.012
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  • The Silence of the Second
  • Leon N. Cooper, Brown University, Rhode Island
  • Book: Science and Human Experience
  • Online publication: 05 November 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107337879.012
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Silence of the Second
  • Leon N. Cooper, Brown University, Rhode Island
  • Book: Science and Human Experience
  • Online publication: 05 November 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107337879.012
Available formats
×