Here is the message I sent the author which takes a different position.
Of course one should be sure of what one is doing before intervening,
just as a law enforcement officer should be. The duty of the civilian
is the same as the duty of the cop. Just not done as a paid job. All
the same cautions apply, but so do all the obligations, and one of them
is to know what one is doing. That is why the Founders emphasized the
militia is to be "well-regulated". Everyone should not only assume the
duty of being armed, but the duty of learning how to competently
enforce the law. It is not that difficult. Police training should be
mandatory for everyone, armed or not.
-------- Original Message --------
Been reading your paper on the duty to rescue at http://ssrn.com/abstract=796384
. I suggest that there is a larger body of legal theory around
the concept of militia that is neglected in your paper. See
http://www.constitution.org/cs_defen.htm
where I argue that militia is
just the duty that comes with the social contract and involves the
legally enforceable duty to defend the community. Just because the
state of the law has devolved from the Founding Era doesn't mean the
foundation is not still in place.
-- Jon
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