Gun Control & RKBA
In reply to the discussion: Replacing white people to kill gun rights [View all]safeinOhio
(35,987 posts)Saul Cornell
"There is no disputing the fact that a number of prominent constitutional experts have been won over to the individual rights view. Most historians, however, reject the individual rights interpretation. How do we explain this sharp divide between legal scholars and historians? Much of the difference has to do with the problem of context. Much Second Amendment scholarship has taken the form of law office history, a form of advocacy scholarship designed to influence the way courts decide constitutional questions. Legal scholarship influences the way briefs are written and may also be used by judges when deciding a case. For most historians the goal of scholarship is to reconstruct and understand the complexity of the past, not influence contemporary policy or jurisprudence. Sometimes historians do use their scholarship in a fashion similar to legal scholars. Yet, even for those historians interested in a useable past, one that can inspire or guide us, such scholarship must be judged by the same rules of evidence and argument that are used to evaluate any work of history."
So, most legal scholarship is done to influence courts, while most historians the goal is scholarship is to understand the complexity of the past. I'm afraid your blanket statement about "No scholar" was grabbed out of either thin air or some where else. It is really easy to argue when you make up shit.
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