Gun Control Policies And The Right To Bear Arms In America: A Utilitarian Perspective

Abstract

The purpose of this study is to utilize Bentham’s Utilitarianism model to explain gun control policies and the right to bear arms in the United States of America. Meanwhile the literature and available evidence from mass shooting revealed that gun control advocates and gun rights advocate alike appear to be firmly rooted in their respective positions. Perhaps the quintessential question is this – Who’s right and who’s wrong. In an attempt to answer the question above, the researcher utilized the narrative research approach and the application of Utilitarian principles to explain the gun control policies, and gun rights of citizens to inform criminal justice reforms. It is evidenced in this study that in many ways, Bentham and his successors’ writings, discussions and arguments for the application of the principle of utility can be felt in contemporary society, like the USA when it comes to issues like gun control. The United States is a Representative Republic and though not direct but a form of democracy. The study revealed that even though, the structure of the U.S. government is such that certain levels of accountability or checks and balances are in place to hold those in authority of governance accountable, but the system have failed to adequately enact and enforce laws to control the issues of homicides, and gun control to protect the lives of citizens. This finding aligns with Bentham’s proposition in the literature that those who hold the “operative power” in government, administration, and judiciary are, like everyone else, motivated by personal interest but not for the greater good. Therefore, this study recommend that it is imperative to devise mechanisms that will ensure that only by acting in the public interest could they promote their own interests.

KEYWORDS: Utilitarian, gun control, gun rights, policy, firearms, assault rifles, Second Amendment.

DOI: 10.7176/JLPG/123-09

Publication date:August 31^st 2022