Legal Scholar Interview Series: Prof. Joyce Lee Malcolm

Published on May 21, 2025
Duration: 54:10

This interview explores the historical origins of the Anglo-American right to bear arms, tracing its evolution from a duty in England to a fundamental right in America. Professor Joyce Lee Malcolm details the English experience, highlighting key events like the English Civil War and the Glorious Revolution, and contrasts it with the current state of gun rights in Great Britain. The discussion emphasizes how the English right influenced the Second Amendment, noting its more robust nature in the US.

Quick Summary

The English right to bear arms originated as a duty to defend oneself and the community, evolving into a recognized right by the late 17th century. This historical foundation significantly influenced the American Second Amendment, which provides a more robust and less conditional protection of this right.

Frequently Asked Questions

What was the historical basis for the right to bear arms in England?

In England, the right to bear arms evolved from a duty to defend oneself and one's community, and to serve in the militia. This obligation was deeply ingrained, with individuals expected to maintain arms and be proficient in their use for the peace and security of the realm.

How did the English right to bear arms influence the American Second Amendment?

The colonists inherited the English tradition of the right to arms. The Second Amendment codified this pre-existing right, making it more robust and less conditional than its English counterpart, which was subject to parliamentary law and societal status.

What led to the decline of the right to bear arms in England?

The decline in England was a gradual process, accelerated by events like the 1920 Pistols Act, which shifted gun ownership to police discretion, and the 1997 Firearms (Amendment) Act, which banned most handguns. These measures prioritized public safety over individual self-defense rights.

What is the significance of Blackstone's Commentaries regarding the right to arms?

William Blackstone described the right to be armed for self-preservation and defense as a crucial 'auxiliary right.' He argued it was essential for protecting all other liberties, serving as a bulwark against potential government overreach or threats to freedom.

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