Ideally, the government of any nation is in a contract with the citizens for protection of life, property and freedom while the citizens are obliged to obey government laws. Moreso, the government is to discharge her duties without discriminating against any person or group. In Nigeria there are economic and administrative policies that discriminate against the Igbo nation resulting in dire consequences. Since economic policies make or mar the wellbeing of citizens especially in business, the need for fairness, equity, and (...) justice in the formulation and execution of policies is unquestionable. The Igbo of South East Nigeria, who are very active in business and entrepreneurship, suffer untold disadvantages and massive economic losses due to the lopsided and discriminatory economic policies churned out by successive Nigerian governments. Here we examine and argue against such policies based on their ethical implications and effects on individual and national development. (shrink)

In this article we focus on three key precepts shared by Confucianism and the African ethic of Ubuntu: the central value of community, the desirability of ethical partiality, and the idea that we tend to become morally better as we grow older. For each of these broad similarities, there are key differences underlying them, and we discuss those as well as speculate about the reasons for them. Our aim is not to take sides, but we do suggest ways that Ubuntu (...) and Confucianism might have something to learn from each other and perhaps come closer. We hope that our preliminary reflections can inspire further debate and thinking on a theme – dialogues between long-standing and large-scale non-Western traditions – that is bound to increase in importance as non-Western societies play a greater role in the global system and as the search continues for a 'global ethic'. (shrink)

Some individuals facing dementia contemplate hastening their own death: weighing the possibility of living longer with dementia against the alternative of dying sooner but avoiding the later stages of cognitive and functional impairment. This weighing resonates with an ethical and legal consensus in the United States that individuals can voluntarily choose to forgo life‐sustaining interventions and also that medical professionals can support these choices even when they will result in an earlier death. For these reasons, whether and how a terminally (...) ill individual can choose to control the timing of their death is a topic that cannot be avoided when considering the dementia trajectory. With a focus on the U.S. context, this landscape review considers the status of provisions that would legally permit people facing dementia to hasten death with appropriate support from medical professionals. This review can be used to plan and guide clinical and legal practitioner discussion and policy development concerning evolving questions not fully covered by existing medical decision‐making provisions. (shrink)

Reprint of an article appearing in the Journal of Chinese Philosophy (2011).

A three chapter part of a textbook for undergraduate philosophy majors.

A 10,000+ word critical overview of analytic philosophy devoted to life's meaning, with some focus on books and more recent works.

Reprint of an article published in the Journal of Philosophy of Education (2010) about the tension between a right to academic freedom and a responsibility to promote public goods, discussed largely in the African context.

In this article, I respond to questions about, and criticisms of, my article “Towardan African Moral Theory” that have been put forth by Allen Wood, Mogobe Ramose, Douglas Farland and Jason van Niekerk. The major topicsI address include: what bearing the objectivity of moral value should have on cross-cultural moral differences between Africans and Westerners; whether a harmonious relationship is a good candidate for having final moral value; whether consequentialism exhausts the proper way to respond to the value of a (...) harmonious relationship; what makes a moral theory count as “African”; how the existing literature on African ethics relates to the aim of analytically developing and defending a single foundational moral principle; whether the intuitions I appeal to ground an African moral theory are pro tanto rightmakers or general moral truths; whether the moral theory I defend can capture pro tanto rightness; and whether the best interpretation of African ethics is self-regarding (deeming the only basic moral reason for action to be that it would develop one's own valuable human nature) or other-regarding (holding that a certain kind of harmonious relationship between individuals could ground a basic moral reason for action) . (shrink)

There has been the recurrent suspicion that community, harmony, cohesion, and similar relational goods as understood in the African ethical tradition threaten to occlude difference. Often, it has been Western defenders of liberty who have raised the concern that these characteristically sub-Saharan values fail to account adequately for individuality, although some contemporary African thinkers have expressed the same concern. In this chapter, I provide a certain understanding of the sub-Saharan value of communal relationship and demonstrate that it entails a substantial (...) allowance for difference. I aim to show that African thinkers need not appeal to, say, characteristically Euro-American values of authenticity or autonomy to make sense of why individuals should not be pressured to conform to a group’s norms regarding sex and gender. A key illustration involves homosexuality. (shrink)

Definitions of terms that are central to a theoretical understanding of the Royal Government of Bhutan's policy of Gross National Happiness.

Here I introduce the symposium issue of the South African Journal of Philosophy that is devoted to critically analysing my article “Toward an AfricanMoral Theory.” In that article, I use the techniques of analytic moral philosophy to articulate and defend a moral theory that both is grounded on the values of peoples living in sub-Saharan Africa and differs from what is influential in contemporary Western ethics. Here, I not only present a précis of the article, but also provide a sketch (...) of why I have undertaken the sort of project begun there, what I hope it will help to achieve, and how the contributors to the symposium principally question it. (shrink)

In this article I critically discuss Professor Oladele Abiodun Balogun’s reflections on the proper final ends of doing philosophy and related sorts of abstract, speculative, or theoretical inquiry. Professor Balogun appears to argue that one should undertake philosophical studies only insofar as they are likely to make a practical difference to people’s lives, particularly by contributing to politico-economic development, or, in other words, that one should eschew seeking knowledge for its own sake. However, there is one line of thought from (...) Professor Balogun, about philosophy being able to make life meaningful, that I argue ultimately––perhaps contrary to his intentions––entails that it can be appropriate to some degree to pursue philosophy that is unlikely to ameliorate poverty and similar social ills. My central aims in this article are to identify Professor Balogun’s strongest argument against pursuing any knowledge for its own sake and to argue that an appeal to meaningfulness constitutes a strong, competing reason to seek out some of it. (shrink)

An idea salient in the African and East Asian philosophical traditions is that the right sort of socio-political interaction would be similar to the intuitive ways that family members ought to relate to each other. Applying this perspective to economic and ecological inequalities, I articulate some principles implicit in healthy familial relationships, show what they entail for certain aspects of distributive justice at the national level, and contend that the implications are plausible relative to competing theories such as utilitarianism, Rawlsianism, (...) and the Capabilities Approach. Specifically, I maintain that reflection on familial norms suggests that an array of objective goods, particularly ones pertaining to relationality, the development of talents, and life, should be central to what the state distributes, an account that rivals subjective well-being, primary goods, or democratically chosen capabilities. When it comes to how much the state should ideally ensure each citizen has, reflection on familial norms supports a new, balancing approach, according to which all have a comparable share of resources needed for objective goodness, but more go to those with great ability or great disability, an approach that differs, and plausibly so, from maximizing, prioritizing the worst off, equalizing, or providing a sufficient minimum. (shrink)

The current informal practice of pharmacometrics as a combination art and science makes it hard to appreciate the role that informatics can and should play in the future of the discipline and to comprehend the gaps that exist because of its absence. The development of pharmacometric informatics has important implications for expediting decision making and for improving the reliability of decisions made in model-based development. We argue that well-defined informatics for pharmacometrics can lead to much needed improvements in the efficiency, (...) effectiveness, and reliability of the pharmacometrics process. The purpose of this paper is to provide a description of the pervasive yet often poorly appreciated role of informatics in improving the process of data assembly, a critical task in the delivery of pharmacometric analysis results. First, we provide a brief description of the pharmacometric analysis process. Second, we describe the business processes required to create analysis-ready data sets for the pharmacometrician. Third, we describe selected informatic elements required to support the pharmacometrics and data assembly processes. Finally, we offer specific suggestions for performing a systematic analysis of existing challenges as an approach to defi ning the next generation of pharmacometric informatics. (shrink)

A 4000 word critical overview of recent Anglo-American philosophical books devoted to life's meaning. Online only.

Recent work by comparative philosophers, global ethicists, and cross-cultural value theorists indicates that, unlike most Western thinkers, those in many other parts of the globe, such as indigenous Africa, East Asia, and Latin America, tend to prize relationality. These relational values include enjoying a sense of togetherness, participating cooperatively, creating something new together, engaging in mutual aid, and being compassionate. Global economic practices and internationally influential theories pertaining to justice, development, and normative economics over the past 50 years have been (...) principally informed by characteristically Western and individualist values such as utility, autonomy, and capability. In this article I consider what economic appropriation, production, distribution, and consumption would look like if they were more influenced by relational values typical of non-Western worldviews, and especially the sub-Saharan ethic of ubuntu. (shrink)

In this article I aim to make progress towards the philosophical goal of ascertaining what, if anything, all mental illnesses have in common, attempting to unify a large sub-set of them that have a relational or interpersonal dimension. One major claim is that, if we want a promising theory of mental illness, we must go beyond the dominant western accounts of mental illness/health, which focus on traits intrinsic to a person such as pain/pleasure, lethargy/liveliness, fragmentation/integration, and falsehood/authenticity. A second major (...) claim is that the relational facets of mental illness are plausibly understood theoretically in terms of a person’s inability to identify with others or to exhibit solidarity with them, relational values that are salient in the African philosophical tradition. I show that these two extrinsic properties well explain several intuitive instances of mental illness, including, amongst several others, being abusive, psychopathic, narcissistic, histrionic, paranoid, and phobic. (shrink)

I critically discuss respects in which conceptions of community have featured in African moral-political philosophy over the past 40 years or so. Some of the discussion is in the vein of intellectual history, recounting key theoretical moves for those unfamiliar with the field. However, my discussion is also opinionated, noting prima facie weaknesses with certain positions and presenting others as more promising, particularly relative to prominent Western competitors. There are a variety of forms that African communitarianism has taken and could (...) take in respect of moral status, good character, and just policy, and my aims include arguing that some are more plausible than others and should give more individualist thinkers in Euro-American traditions pause. (shrink)

Up to now, a very large majority of work in the religious philosophy of life’s meaning has presumed a conception of God that is Abrahamic. In contrast, in this essay I critically discuss some of the desirable and undesirable facets of Traditional African Religion’s salient conceptions of God as they bear on meaning in life. Given an interest in a maximally meaningful life, and supposing meaning would come from fulfiling God’s purpose for us, would it be reasonable to prefer God (...) as characteristically conceived by African philosophers of religion to exist instead of the Abrahamic conception of God? At this stage of enquiry, I answer that, in respect of the range of people to whom God’s purpose would apply, a more African view of God would plausibly offer a greater meaning, but that, concerning what the content of God’s purpose would be, the Abrahamic view appears to offer a greater one. I conclude by reflecting on this mixed verdict and by suggesting respects in which non-purposive facets of the African and Abrahamic conceptions of God could also have implications for life’s meaning. (shrink)

This narrative provides insight into medical education for Black physicians in South Carolina in the 1960s, during the civil rights movement. It also discusses the many rewards and challenges of being a physician of color, describes what has been done to develop programs that benefit minority communities, and argues that more such programs are needed.

Harmony as a basic value is neglected in internationally influential philosophical discussions about rights, power, and other facets of public policy; it is not prominent in articles that appear in widely read journals or in books published by presses with a global reach. Of particular interest, political philosophers and policy makers remain ignorant of the similarities and differences between various harmony-oriented approaches to institutional choice from around the world. In this chapter, I begin to rectify these deficiencies by critically discussing (...) the way harmony has figured into political philosophies from three major traditions in the Global South, namely, African ubuntu, East Asian Confucianism, and South American buen vivir. I point out that, although harmony is at the core of all three political philosophies, it is conceived in different ways, entailing incompatible prescriptions about things such as who should make laws and which sorts of beings have rights against the state. Such contrasting views call for rigorous cross-cultural dialogue amongst theorists of harmony, beyond mounting challenges to more individualist approaches that have been salient in modern Western political thought. (shrink)

A lengthy introduction to the issue of meaning in life, aimed at undergraduates and generally educated readers. It includes summary 'bullet' points, lists of recommended reading, questions for the class, and short excerpts from philosophers such as William James, Leo Tolstoy, John Cottingham, Susan Wolf and Robert Nozick.

For the more than a decade, I have advanced an account of what makes persons, animals, and other beings entitled to moral treatment for their own sake that is informed by characteristically African ideas about dignity, a great chain of being, and community. Roughly according to this account, a being has a greater moral status, the more it is capable of communing (as a subject) or of us communing with it (as an object). I have mainly argued that this characteristically (...) African and relational approach to moral status is a better account than salient Western approaches, especially individualist views associated with utilitarianism and Kantianism. Over the years, several commentators have raised criticisms of my approach, including that it objectionably: entails that we may rightly dominate mentally incapacitated human beings; prioritizes mentally incapacitated human beings over animals with similar cognitive abilities without sufficient justification; entails that intelligent aliens lack moral status; cannot make sense of our duties towards the dead; and is unable to account for the standing of species as distinct from their members. In this chapter I provide a comprehensive response to these and related objections, defending the initial account as an attractive way to understand what makes a being matter morally for non-instrumental reasons. (shrink)

Portuguese translation by Desiderio Murcho of "Could God's Purpose Be the Source of Life's Meaning?" (Religious Studies 2000).

This article introduces a special issue of Philosophical Papers devoted to the topic of meaning in life. In the paper, I engage with articles by Robert Audi, David Velleman, John Martin Fischer, Laurence Thomas, Berit Brogaard, Barry Smith and Larry James, laying out their central views, criticizing them, and suggesting ways they could be developed.

I begin by constructing a religio-philosophical argument informed by ideas salient in the African tradition for thinking that we should express gratitude to God for having been giving a dignity-conferring life-force, after which I defend the argument from value-theoretic criticisms (I set aside metaphysical issues altogether). For example, I respond to the objections that having an inherent dignity is not a benefit of a sort warranting gratitude and that those with bad lives have no reason to be grateful. I conclude (...) roughly that, while those with unavoidably bad lives indeed have some reason to be disappointed about the quality of their life, that is compatible with there also being some reason for them to express gratitude for their dignified life-force. I conclude the chapter by considering the prospects for secularizing the African rationale. (shrink)

I seek to advance enquiry into the point of a public higher education institution by drawing on ideals salient in the sub-Saharan African philosophical tradition. There are relational, and specifically communal, values prominently held by African thinkers that I use to ground a promising rival to the dominant contemporary Western, and especially Anglo-American, accounts of what a university ultimately ought to strive to achieve, which focus mainly on autonomy, truth, and citizenship. My aims are not merely comparative, contrasting an Afro-communal (...) approach with other ones that have been more globally influential, but also substantive. Although the theory of a university’s point that I articulate and defend has an African pedigree, I work to show that it should be taken seriously by a global audience, for plausibly capturing a variety of intuitions and claims that are widely shared. (shrink)

Le mode infini immédiat de l’étendue (MIIE) est l’un des éléments les plus mystérieux de l’ontologie de Spinoza. Malgré son importance pour le système métaphysique de Spinoza, ce dernier nous dit très peu à propos de ce mode. Dans un effort pour faire progresser l’étude de cette question, j’examine trois hypothèses bien acceptées qui traitent de l’identité de ce mode : l’interprétation de la force, l’interprétation nomique et l’interprétation cinétique. J’affirme premièrement que l’interprétation de la force et l’interprétation nomique doivent (...) faire face à de sérieuses objections. Deuxièmement, je soutiens que malgré les affirmations contraires des spécialistes, l’interprétation cinétique du MIIE est une option valable. (shrink)

Insofar as artificial intelligence is to be used to guide automated systems in their interactions with humans, the dominant view is probably that it would be appropriate to programme them to maximize (expected) utility. According to utilitarianism, which is a characteristically western conception of moral reason, machines should be programmed to do whatever they could in a given circumstance to produce in the long run the highest net balance of what is good for human beings minus what is bad for (...) them. In this essay, I appeal to values that are characteristically African––but that will resonate with those from a variety of moral-philosophical traditions, particularly in the Global South––to cast doubt on a utilitarian approach. Drawing on norms salient in sub-Saharan ethics, I provide four reasons for thinking it would be immoral for automated systems governed by artificial intelligence to maximize utility. In catchphrases, I argue that utilitarianism cannot make adequate sense of the ways that human dignity, group rights, family first, and (surprisingly) self-sacrifice should determine the behaviour of smart machines. (shrink)

A semiotic phenomenology of the scission point boundary condi-tion between Karl Jaspers’s concepts of existence and Existenz reveal them as fundamental distinctions that can manifest in healthy or pathological forms of communication, including the “inner action” of the competing “voices” “heard” by the patient undergoing treatment. My analysis illustrates that the mind, for Jaspers, represents how communicability as truth involves us in a natural rhetorical (tropic) relationship with a society. In this analysis, I frame the problematic boundary between existence and (...) Existenz in the language of Husserl. To provide context, I introduce Jaspers’s semiotics and explicate his theory of communication. Lastly, I connect what we have learned from the scission boundary condition between existence and Existenz to the competing voices of the patient. We discover that for Jaspers, our “selves” are cyphers, striving for communicability in a world of others. (shrink)

A new working hypothesis of sleep-wake cycle mechanisms is proposed, based on ontogeny and functional/anatomic compression of two stochastic neuronal models of information coding that complement each other in a key/lock fashion: the axonal arbor patterns (AAP – “hardware”) and the neuronal spike interval inequality patterns (SIIP – “software”). [Hobson et al.; Nielsen; Revonsuo; Solms; Vertes & Eastman].

Karl Popper is famous for favoring an open society, one in which the individual is treated as an end in himself and social arrangements are subjected to critical evaluation, which he defends largely by appeal to a Kantian ethic of respecting the dignity of rational beings. In this essay, I consider for the first time what the implications of a characteristically African ethic, instead prescribing respect for our capacity to relate communally, are for how the state should operate in an (...) open society. I argue that, while an Afro-communal moral foundation does not prescribe a closed society, it supports an open society politics of a sort different from the one that Popper specifies. For Popper, the state in an open society should improve social arrangements albeit without seeking to promote objective goods, should protect rights that merely serve the function of facilitating individual choice, and should employ majoritarian democracy to be able to avoid unwelcome rulers and policies. On all three counts, I show that a relational ethic typical of the African philosophical tradition entails different, intuitively attractive approaches to politics. This chapter is reprinted from an article that initially appeared in Jus Cogens (2020). (shrink)

I aim to answer the questions of whether reactive practices such as gratitude and punishment are inherently expressive, and, if so, in what respect. I distinguish seven ways in which one might plausibly characterize reactive practices as essentially expressive in nature, and organise them so that they progress in a dialectical order, from weakest to strongest. I then critically discuss objections that apply to the strongest conception, questioning whether it coheres with standard retributive understandings of why, when and where the (...) reactive practice of punishment is justified. (shrink)

Karl Marx's normative views have routinely been contrasted with moral-political theories such as utilitarianism and Rawlsian justice. They have not been systematically contrasted with characteristically African, and specifically communal, values, with post-independence African leaders such as Nyerere and Nkrumah instead having emphasized the similarities. In this article, a work of analytic philosophy, I sketch the essentials of Marx’s approach to the human good, especially his early writings on alienation from 1843-1845, and weigh them up against a theoretical interpretation of the (...) under-explored African moral-political tradition. According to the latter perspective, a person displays human excellence insofar as she prizes communal relationships, ones of sharing a way of life and caring for others’ quality of life. My aims are to identify key differences between this Afro-communalism and the young Marx’s views, and, where they diverge, to provide some reasons for favouring one approach over the other. I conclude that insofar as the two ethics differ, the African ideal is the better candidate for capturing a moral point view, one that includes human rights, whereas Marx’s is preferable, and even compelling to a wide contemporary audience, as a broader account of how to live well. (shrink)

Scholars have compared the transitional justice processes of Colombia and South Africa in some respects, but there has yet to be a systematic moral-philosophical evaluation of them regarding how they have sought to allocate economic goods. Here I appraise the ways that South Africa and Colombia have responded to their respective historical conflicts in respect of the distribution of property and opportunities. I do so in the light of a conception of reconciliation informed by a relational ethic of harmony, a (...) value salient in the worldviews of many indigenous peoples in both Africa and South America. I argue that, given such an account of reconciliation, one of Colombia’s major proposed ways of allocating property and opportunities, whereby offenders would labour for the sake of improving victims’ socio-economic conditions, would be much better than what South Africa has done, even if Colombia has yet to put such a policy systematically into practice. (shrink)

Karl Popper is famous for favoring an open society, one in which the individual is treated as an end in himself and social arrangements are subjected to critical evaluation, which he defends largely by appeal to a Kantian ethic of respecting the dignity of rational beings. In this essay, I consider for the first time what the implications of a characteristically African ethic, instead prescribing respect for our capacity to relate communally, are for how the state should operate in an (...) open society. I argue that while an under-appreciated Afro-communal moral foundation does not prescribe a closed society, it supports an open society politics and law of a sort different from the one that Popper specifies. For Popper, the state in an open society should improve social arrangements albeit without seeking to promote a particular conception of the good life, should protect rights that merely serve the function of facilitating individual choice, and should employ majoritarian democracy to be able to avoid unwelcome rulers and policies. On all three counts, I show that a relational ethic typical of the African philosophical tradition, but having broad intuitive appeal, entails different, intuitively attractive approaches to politics and law. (shrink)

Three chapters on the meaning of life composed for undergraduate philosophy majors, now revised and updated for a second edition.

A collection of several articles on African moral and political philosophy by Thaddeus Metz, translated into French by Emmanuel Fopa, and edited and introduced by Pius Mosima of the University of Bamenda, Cameroon.

When people lose capacity to make a medical decision, the standard is to assess what their preferences would have been and try to honor their wishes. Dementia raises a special case in such situations, given its long, progressive trajectory during which others must make substituted judgments. The question of how to help surrogates make better‐informed decisions has led to the development of dementia‐specific advance directives, in which people are given tools to help them communicate what their preferences are while they (...) are still able. Such directives allow the perspective of the person to play a clearer role in guiding decisions about their care. Dementia directives can never serve as rigid algorithms. Rather, they can be used to help inform conversations, to help surrogates make decisions that are better aligned with the preferences the person would have had. This essay lays out the proposed utility of dementia‐specific directives and addresses some of the criticisms raised about them. (shrink)

Although death by neurologic criteria is legally recognized throughout the United States, state laws and clinical practice vary concerning three key issues: the medical standards used to determine death by neurologic criteria, management of family objections before determination of death by neurologic criteria, and management of religious objections to declaration of death by neurologic criteria. The American Academy of Neurology and other medical stakeholder organizations involved in the determination of death by neurologic criteria have undertaken concerted action to address variation (...) in clinical practice in order to ensure the integrity of brain death determination. To complement this effort, state policymakers must revise legislation on the use of neurologic criteria to declare death. We review the legal history and current laws regarding neurologic criteria to declare death and offer proposed revisions to the Uniform Determination of Death Act and the rationale for these recommendations. (shrink)

One aim of this chapter is to acquaint a reader unfamiliar with African philosophy with some of its more prominent ethical perspectives, especially those pertaining to ubuntu, as they bear on work. However, I undertake this discussion with some sympathy towards these implications, such that another aim is to point out that the prescriptions for the workplace that moral philosophers working in the African tradition have made (or would sensibly make given their more basic commitments) are worth taking seriously regardless (...) of the reader’s background. The vitalist and communalist strains of ethical thought prominent amongst African philosophers are relatively unknown in globally influential discourses, but are revealing in the context of work. Central topics include: what the point of work is; how to distribute jobs; why there might be a right to work; and how to organize the production process. For each question, I emphasize respects in which African ethical thought offers answers that are both different from and plausible relative to what is dominant in English-speaking theory or practice. (shrink)

In the first part of the article I show how Descartes employs the sceptical theist strategy as part of his response to the problem of evil in Meditation Four. However, Descartes's use of this strategy seems to raise a serious challenge to his whole project: if Descartes is ignorant of God's purposes, then how can he be sure that God doesn't have some morally sufficient reason for creating him with unreliable clear and distinct perceptions? Drawing on related objections from Mersenne (...) and Hobbes, I show in the second half of the article how Descartes can sidestep this objection. (shrink)

Terminally ill patients in 10 states plus Washington, D.C. have the right to take prescribed medications to end their lives (medical aid in dying). But otherwise-eligible patients with neuromuscular disabilities (ALS and other illnesses) are excluded if they are physically unable to “self-administer” the medications without assistance. This exclusion is incompatible with disability rights laws that mandate assistance to provide equal access to health care. This contradiction between aid-in-dying laws and disability rights laws can force patients and clinicians into violating (...) one or the other, potentially creating an underclass of patients denied medical care that is available to those with other (less physically disabling) terminal illnesses. The immediacy of this issue is demonstrated by a lawsuit in Federal court filed in August 2021, requesting assistance in self-administration for terminally ill patients with neuromuscular diseases. This paper discusses the background of this conflict, the ethical issues at the heart of the dilemma, and recommends potential remedies. (shrink)

In Revering God, author and scholar Thaddeus Williams bridges the gap between abstract theology and awe-inspired devotion, helping readers better understand God and drawing them into a deeper state of joy and reverence for their Creator.

This article describes why a constitutional test that relies exclusively on history and tradition for deciding modern firearm regulations is woefully inadequate when applied to modern technologies. It explains the unique advancements in firearm technology — specifically, ghost guns — that challenge the viability of a purely historical test, even if legal scholars or judges attempt to reason by analogy. This article argues that the prevailing, two-step approach, which incorporates both history and tradition, and requires a judicial examination of the (...) purposes and methods supporting a challenged firearm regulation, should apply nationwide. That a dissenting faction of conservative judges seeks to ignore the prevailing approach presents a potentially dangerous path for Second Amendment jurisprudence. This article draws from certain historical gun laws to illustrate the difficult legwork that analogies must do under a purely historical test. It uses the advent of ghost guns as a case study to offer guidance for judges in their rulemaking practices regarding Second Amendment cases. (shrink)