39 Questions
What does the term 'culture' refer to?
A common frame of reference that spans a set of beliefs, mores and usages
On what scale can culture be observed?
Either on a small scale or a large scale
What is a characteristic of Europeans' eating habits?
They prefer pre-cooked meals and fast food
How much do U.S. corporations invest in food-processing and distribution facilities abroad?
Fifty billion dollars a year
According to the Financial Times, how many trips to the moon would the total distance US shoppers drive to outlet shopping malls equal?
44,000 trips to the moon
What is the title of a book by Ellen Ruppell Shell?
Cheap: The High Cost of Discount Culture
What is the name of the author who wrote about the love of the French language?
Alain Rey
In what year was an article by Elizabeth Kolbert published?
2009
What was the primary concern of Anti-Federalists regarding the new central government?
The establishment of a professional army
What is the commonly attributed reason behind James Madison's inclusion of the Second Amendment?
To appease Anti-Federalists
What was the original provision in the Second Amendment regarding conscientious objectors?
No one religiously scrupulous of bearing arms shall be compelled to render military service
Who was the former United States Solicitor General and dean of Harvard Law School who wrote about the Second Amendment?
Erwin N. Griswold
What is unique about the Second Amendment according to Erwin N. Griswold?
It is the only amendment that spells out its purpose
What was the primary context in which the right to bear arms was understood in American history?
Maintaining a well-regulated militia
What is the significance of the year 1939 in the context of the Second Amendment?
The year the Supreme Court ruled on the Second Amendment
What was the 'obvious purpose' of the Second Amendment according to the Miller decision?
To assure the continuation and effectiveness of State militias
What was the composition of State militias as they originally existed?
White males aged 16 to 60
What was the purpose of Article VI of the Articles of Confederation?
To regulate the militia
Who wrote the article 'How the NRA Rewrote the Second Amendment'?
Michael Waldman
What did former Chief Justice Warren Burger call the idea that the Second Amendment protected individual gun rights?
A fraud on the American public
In what year was Article VI of the Articles of Confederation ratified?
1781
What did the Supreme Court hold in 1989 regarding legislative restrictions on firearms?
They do not trench upon constitutionally protected liberties
Who appointed Warren Burger as Chief Justice?
President Nixon
What is a key aspect of the defendant's right to self-defense, according to Justice Harlan?
The belief that the deceased intended to take his life or do great bodily harm
What does the Second Amendment protect, according to the Supreme Court?
The right to bear arms for self-defense
What is an example of a permitted regulation of gun owners, according to Justice Scalia?
Prohibiting felons from possessing guns
What is a circumstance under which the right to bear arms may not apply, according to the Supreme Court?
In areas such as courthouses or school zones
What is a key limitation of the right to keep and bear arms, according to the Supreme Court?
The right is subject to regulation and limitation
What is a potential interpretation of the Heller decision, aside from a decisive victory for gun rights advocates?
A compromise between individual rights and public safety
According to Justice Harlan, what is the defendant's obligation when faced with a deadly threat?
To stand his ground and meet the attack
What is a type of firearm that the government may ban, according to the Supreme Court?
Dangerous and unusual firearms
What is one of the reasons that make it difficult to approach the culture of the English-speaking world?
Culture change
What influences a criminal case from the decision to arrest and prosecute through the sentencing phase?
Cultural factors
What is an example of culture change in the United States?
Gun culture
What is the result of bottom-up and top-down considerations in cultural change?
Cultural change
Who wrote 'Raising Cultural Defenses'?
Alison Dundes Renteln
What is the title of the journal where Anh T.Lam published an article?
Asian Am.Pac.Islands L.J.
Who wrote 'The Cultural Defense: reflections in Light of the Model Penal Code and the Religious Freedom Restoration Act'?
Kent Greenawalt
What is the title of the journal where Paul J.Magnarella published an article?
J.Ethnic Stud.
Study Notes
Culture Definition and Scope
- Culture refers to a shared frame of reference that encompasses a set of beliefs, mores, and usages that have developed and evolved in an environment, applicable to both small-scale legal persons (e.g., Wal-Mart) and large-scale communities (e.g., "discount culture" or "compensation culture").
Difficulty in Approaching English-Speaking World Culture
- There are four reasons why it is challenging to approach the culture of the English-speaking world:
- Culture change
- The viewer's subjective approach to culture
- The ubiquity of culture
- The existence of the English-speaking world itself
Culture Change
- Culture changes over time and space due to bottom-up considerations (new behavior and sub-culture alignment) and top-down considerations (leadership alignment).
- An example of culture change is the gun culture of the United States, which has evolved significantly over time.
Gun Culture in the United States
- The prevailing judicial view was that the Second Amendment guaranteed the right to bear arms only in the context of maintaining a well-regulated state-sponsored militia, which was initially understood in the context of conducting military activities.
- The Second Amendment was originally intended to ensure the continuation and effectiveness of state militias.
- The Supreme Court repeatedly affirmed that the Second Amendment protected only state militias, not private ownership of guns, until the 2008 District of Columbia v. Heller case, which ruled that the Second Amendment secured an individual right to possess a firearm for self-defense.
- However, the right to keep and bear arms is not unlimited, and the government can regulate gun owners, prohibit certain types of firearms, and ban possession of guns in specific areas.
Judicial Views on the Second Amendment
- Former United States Solicitor General and Dean of Harvard Law School, Erwin N. Griswold, believed that the Second Amendment was unique in that it explicitly stated its purpose in its text.
- Former Chief Justice Warren Burger stated that the idea that the Second Amendment protected an individual right to bear arms was "one of the greatest pieces of fraud" on the American public.
- Justice Antonin Scalia clarified that the right to keep and bear arms is not unlimited and that the government can regulate gun owners and prohibit certain types of firearms.
Learn about the concept of culture in a small or large scale context, including its development and evolution in an environment.
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