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(Forthcoming)

Law and History Review Vol 22 No 1 Spring 2004

would also view the militarization of American society necessary to recreate the militia

as a negative development. Perhaps the new paradigm for the Second Amendment

suggested by Konig and others can help us move beyond the current impasse. At the very

least a more complex history of the right to keep and bear arms can help us understand

how we have arrived at our current situation.

*

Associate Professor of History, The Ohio State University, Director Second Amendment

Research Center John Glenn Institute for Public Service and Public Policy. I would like

to thank Don Higginbotham, Christopher Tomlins, Charlie Finlay, and Nathan DeDino

for helpful suggestions.

1

For introductions to this body of scholarship, see Robert J. Cottrol, ed. Gun control

and the Constitution: Sources and Explorations on the Second Amendment (Westport,

CT, 1994); Glenn Harlan Reynolds, “A Critical Guide to the Second Amendment”

Tennessee Law Review 62 (1995): 461-512; Saul Cornell, ed., Whose Right to Bear

Arms Did the Second Amendment Protect (Boston, 2000); and Carl T. Bogus, “The

history and Politics of Second Amendment Scholarship: a Primer” Chicago Kent Law

Review 76 (2000): 3-25.

2

Second Amendment scholarship is a classic example of Thomas Kuhn s theory of

paradigm change, see Thomas S. Kuhn, The Structure of Scientific Revolutions(Chicago,

1962) and David Hollinger, T.S. Kuhn’s Theory of Science and its Implications for

History” 78 (1973), 370-393. For a concise overview of the origins of the current

9

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