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	<title>Comments on: The New Yorker finds the U.S. Constitution ungrammatical</title>
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	<link>http://languagelog.ldc.upenn.edu/nll/?p=4378</link>
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	<pubDate>Sat, 18 May 2013 09:00:26 +0000</pubDate>
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		<title>By: James S.</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-312071</link>
		<dc:creator>James S.</dc:creator>
		<pubDate>Sun, 30 Dec 2012 21:14:48 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-312071</guid>
		<description>"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Reading the Second Amendment as a statement in which every word counts follows from the opinion articulated by Chief Justice John Marshall: “It cannot be presumed that any clause in the constitution is intended to be without effect” (Marbury v. Madison, 1803).

Some insist that the first clause is absolute, therefore non-operative; a throwaway.

In that case, it could just as easily be read to say "A well regulated militia shall not be infringed", with the two central phrases simply supportive of a WELL regulated militia. Unregulated non-militia gun ownership is not thereby protected. The "right of the People to keep and bear arms" is the throwaway absolute then, as a simple descriptive, supporting of the guarantee of a militia and a free, secure country, not the other way around:

When large loud groups go to DC packing assault rifles and promise a "Second Amendment Solution" to the outcome of the electoral and legislative process I consider them terrorists and traitors to democracy itself. I begin to understand the "being necessary to the security of a free State" part real well. I respect those serving in our well regulated militias. I also support well regulated private gun ownership, since the Amendment supports our right to a militia, security, and freedom, but does not prohibit private gun ownership nor its regulation.</description>
		<content:encoded><![CDATA[<p>"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."</p>
<p>Reading the Second Amendment as a statement in which every word counts follows from the opinion articulated by Chief Justice John Marshall: “It cannot be presumed that any clause in the constitution is intended to be without effect” (Marbury v. Madison, 1803).</p>
<p>Some insist that the first clause is absolute, therefore non-operative; a throwaway.</p>
<p>In that case, it could just as easily be read to say "A well regulated militia shall not be infringed", with the two central phrases simply supportive of a WELL regulated militia. Unregulated non-militia gun ownership is not thereby protected. The "right of the People to keep and bear arms" is the throwaway absolute then, as a simple descriptive, supporting of the guarantee of a militia and a free, secure country, not the other way around:</p>
<p>When large loud groups go to DC packing assault rifles and promise a "Second Amendment Solution" to the outcome of the electoral and legislative process I consider them terrorists and traitors to democracy itself. I begin to understand the "being necessary to the security of a free State" part real well. I respect those serving in our well regulated militias. I also support well regulated private gun ownership, since the Amendment supports our right to a militia, security, and freedom, but does not prohibit private gun ownership nor its regulation.</p>
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		<title>By: Andrew Main</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-310577</link>
		<dc:creator>Andrew Main</dc:creator>
		<pubDate>Fri, 28 Dec 2012 23:24:26 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-310577</guid>
		<description>@Chris C.:

"Some years ago I read an article in a right-wing publication where the author asserted with an apparently straight face that 'well-regulated' meant 'well-equipped' in the 18th century."

From Noah Webster's 1828 &lt;i&gt;Dictionary of the American English Language&lt;/i&gt;:

"REGULATE, v. t. To adjust by rule, method or established mode; as, to regulate weights and measures; to regulate the assize of bread; to regulate our moral conduct by the laws of God and of society; to regulate our manners by the customary forms.
"2. To put in good order; as, to regulate the disordered state of a nation or its finances.
"3. To subject to rules or restrictions; as, to regulate trade ; to regulate diet.
"REGULATED, pp. Adjusted by rule, method or forms; put in good order; subjected to rules or restrictions."

See the second item under each heading; it does not seem to me that "to put in good order" could be said to exclude "well-equipped". Dunno what good a militia (which consists of the armed citizenry, experienced in the use of their arms, called together in time of need) would be without working weapons in good repair, oiled, etc.</description>
		<content:encoded><![CDATA[<p>@Chris C.:</p>
<p>"Some years ago I read an article in a right-wing publication where the author asserted with an apparently straight face that 'well-regulated' meant 'well-equipped' in the 18th century."</p>
<p>From Noah Webster's 1828 <i>Dictionary of the American English Language</i>:</p>
<p>"REGULATE, v. t. To adjust by rule, method or established mode; as, to regulate weights and measures; to regulate the assize of bread; to regulate our moral conduct by the laws of God and of society; to regulate our manners by the customary forms.<br />
"2. To put in good order; as, to regulate the disordered state of a nation or its finances.<br />
"3. To subject to rules or restrictions; as, to regulate trade ; to regulate diet.<br />
"REGULATED, pp. Adjusted by rule, method or forms; put in good order; subjected to rules or restrictions."</p>
<p>See the second item under each heading; it does not seem to me that "to put in good order" could be said to exclude "well-equipped". Dunno what good a militia (which consists of the armed citizenry, experienced in the use of their arms, called together in time of need) would be without working weapons in good repair, oiled, etc.</p>
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		<title>By: Coby Lubliner</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-307087</link>
		<dc:creator>Coby Lubliner</dc:creator>
		<pubDate>Sun, 23 Dec 2012 17:37:37 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-307087</guid>
		<description>I hope it isn't too late to go back to the original point of this post, which is the fatuousness of New Yorker writers' pronouncements on language. In the current issue, apart from a long article about a conlanger under "Annals of Linguistics" (!), I found two instances worthy of note. 
(1) Elizabeth Kolbert describes an artificial wilderness in Holland "[k]nown as Oostvaardersplassen, a name that is pretty much unpronounceable for English-speakers..." But of course none of the sounds in that name are particularly difficult to pronounce; the difficulty is only in the Dutch (and German) tendency to &lt;b&gt;write&lt;/b&gt; compounds without breaks.
(2) Elif Batuman, reporting on a women's theatre group in Turkey, writes, "Only Shakespeare's name couldn't be changed, which was unfortunate, because the women couldn't pronounce it. Ümmiye wrote the Turkish transliteration, &#350;ekspir, on their hands..." Once again, pronunciation is confused with reading.</description>
		<content:encoded><![CDATA[<p>I hope it isn't too late to go back to the original point of this post, which is the fatuousness of New Yorker writers' pronouncements on language. In the current issue, apart from a long article about a conlanger under "Annals of Linguistics" (!), I found two instances worthy of note.<br />
(1) Elizabeth Kolbert describes an artificial wilderness in Holland "[k]nown as Oostvaardersplassen, a name that is pretty much unpronounceable for English-speakers&#8230;" But of course none of the sounds in that name are particularly difficult to pronounce; the difficulty is only in the Dutch (and German) tendency to <b>write</b> compounds without breaks.<br />
(2) Elif Batuman, reporting on a women's theatre group in Turkey, writes, "Only Shakespeare's name couldn't be changed, which was unfortunate, because the women couldn't pronounce it. Ümmiye wrote the Turkish transliteration, &#350;ekspir, on their hands&#8230;" Once again, pronunciation is confused with reading.</p>
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		<title>By: marie-lucie</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-307019</link>
		<dc:creator>marie-lucie</dc:creator>
		<pubDate>Sun, 23 Dec 2012 14:43:37 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-307019</guid>
		<description>Of course, since two thousand years separate Latin from modern English, there is no way that English "that said" could have been influenced by Latin "his dictis", or even by the French "ceci dit"!  But written Latin continued to be used in high level discourse (government, diplomacy, religion, philosophy, science, etc) for many centuries after its low level oral registers gave rise to the various Romance languages, and this formal use influenced the written registers of modern Western European languages.  Latin structure had a considerable influence on the development of formal English at one time:  blame this continuing influence for the prohibition of split infinitives and of ending a sentence with a preposition (the first thing impossible in Latin and its descendants such as French, the second ungrammatical in those languages)(with a few French exceptions).  "Ceci dit", the "absolute" is used a lot more in French than in English, including in colloquial speech, so it does not attract special attention.</description>
		<content:encoded><![CDATA[<p>Of course, since two thousand years separate Latin from modern English, there is no way that English "that said" could have been influenced by Latin "his dictis", or even by the French "ceci dit"!  But written Latin continued to be used in high level discourse (government, diplomacy, religion, philosophy, science, etc) for many centuries after its low level oral registers gave rise to the various Romance languages, and this formal use influenced the written registers of modern Western European languages.  Latin structure had a considerable influence on the development of formal English at one time:  blame this continuing influence for the prohibition of split infinitives and of ending a sentence with a preposition (the first thing impossible in Latin and its descendants such as French, the second ungrammatical in those languages)(with a few French exceptions).  "Ceci dit", the "absolute" is used a lot more in French than in English, including in colloquial speech, so it does not attract special attention.</p>
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		<title>By: Tom</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306928</link>
		<dc:creator>Tom</dc:creator>
		<pubDate>Sun, 23 Dec 2012 10:12:32 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306928</guid>
		<description>You mention "that said" as an example of an absolute phrase as a cliché; it is interesting that the Latin ablative absolute construction to which you refer has a similar cliché, "his dictis", meaning "these things having been said".</description>
		<content:encoded><![CDATA[<p>You mention "that said" as an example of an absolute phrase as a cliché; it is interesting that the Latin ablative absolute construction to which you refer has a similar cliché, "his dictis", meaning "these things having been said".</p>
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		<title>By: Andrew</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306888</link>
		<dc:creator>Andrew</dc:creator>
		<pubDate>Sun, 23 Dec 2012 07:41:40 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306888</guid>
		<description>I would just like to add that a well-regulated militia is NOT necessary to the security of a free state, as we have not relied on them for nearly 200 years.  We now use regular police (which didn't exist in 1789) and the strongest standing armed forces ever assembled. Some countries have no army at all, and are secure and free.  The clause is objectively false.  If the second clause depends on the truth of the first one, it can't be true either.

We've focused on the syntax, but the semantics might end up being the most important part.</description>
		<content:encoded><![CDATA[<p>I would just like to add that a well-regulated militia is NOT necessary to the security of a free state, as we have not relied on them for nearly 200 years.  We now use regular police (which didn't exist in 1789) and the strongest standing armed forces ever assembled. Some countries have no army at all, and are secure and free.  The clause is objectively false.  If the second clause depends on the truth of the first one, it can't be true either.</p>
<p>We've focused on the syntax, but the semantics might end up being the most important part.</p>
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		<title>By: DNEvans</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306577</link>
		<dc:creator>DNEvans</dc:creator>
		<pubDate>Sat, 22 Dec 2012 10:33:49 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306577</guid>
		<description>“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”  Does the infinitive "to keep and bear arms" modify "right" or "people"?  Is the main clause saying that the people's right to keep and bear arms shall not be infringed, or that the (unspecified) right of the people (who are) to keep and bear arms shall not be infringed?  The latter interpretation seems grammatically possible to me.  On that interpretation, the opening absolute construction, though broadly modifying the main clause as a whole, might be said to relate specifically to "the people (who are) to keep and bear arms," i.e., militia members.  This yields: "A well regulated militia being necessary to the security of the state, the right of militia members shall not be infringed."</description>
		<content:encoded><![CDATA[<p>“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”  Does the infinitive "to keep and bear arms" modify "right" or "people"?  Is the main clause saying that the people's right to keep and bear arms shall not be infringed, or that the (unspecified) right of the people (who are) to keep and bear arms shall not be infringed?  The latter interpretation seems grammatically possible to me.  On that interpretation, the opening absolute construction, though broadly modifying the main clause as a whole, might be said to relate specifically to "the people (who are) to keep and bear arms," i.e., militia members.  This yields: "A well regulated militia being necessary to the security of the state, the right of militia members shall not be infringed."</p>
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		<title>By: Ted</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306467</link>
		<dc:creator>Ted</dc:creator>
		<pubDate>Sat, 22 Dec 2012 01:28:37 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306467</guid>
		<description>@marie-lucie: Yes, that usage in English is derived from the French and has the same meaning. The department in question is the Security Council, and while I haven't taken the time to check, I have no doubt that if you look at the French text of the resolution you will find the construction you describe.</description>
		<content:encoded><![CDATA[<p>@marie-lucie: Yes, that usage in English is derived from the French and has the same meaning. The department in question is the Security Council, and while I haven't taken the time to check, I have no doubt that if you look at the French text of the resolution you will find the construction you describe.</p>
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		<title>By: marie-lucie</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306458</link>
		<dc:creator>marie-lucie</dc:creator>
		<pubDate>Sat, 22 Dec 2012 01:09:47 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306458</guid>
		<description>David W:  &lt;i&gt;... to remain actively seized of this matter&lt;/i&gt;

I am not very familiar with legal language, but the phrase "to be seized of ..." seems to be the exact equivalent of the French "être saisi de ...", a legal term applying to an administration, judicial body, etc.  This is the passive form of the transitive "saisir ... de ..." meaning approximately "to inform (a body) of (a contentious matter) and enjoin it to deal with it".  So some department of the UN has been thus informed and enjoined at some point, and since the matter in question has not yet been resolved, the department decides to continue to consider itself enjoined to actively work on resolving it.  (Of course, this does not mean that the matter will come to a speedy resolution, but it is not being put aside).</description>
		<content:encoded><![CDATA[<p>David W:  <i>&#8230; to remain actively seized of this matter</i></p>
<p>I am not very familiar with legal language, but the phrase "to be seized of &#8230;" seems to be the exact equivalent of the French "être saisi de &#8230;", a legal term applying to an administration, judicial body, etc.  This is the passive form of the transitive "saisir &#8230; de &#8230;" meaning approximately "to inform (a body) of (a contentious matter) and enjoin it to deal with it".  So some department of the UN has been thus informed and enjoined at some point, and since the matter in question has not yet been resolved, the department decides to continue to consider itself enjoined to actively work on resolving it.  (Of course, this does not mean that the matter will come to a speedy resolution, but it is not being put aside).</p>
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		<title>By: marie-lucie</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306447</link>
		<dc:creator>marie-lucie</dc:creator>
		<pubDate>Sat, 22 Dec 2012 00:45:55 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306447</guid>
		<description>Andy A:  Some people interpret the 2nd Amendment as being intended to allow individuals to mount armed rebellions against the potential tyranny of their government, but the phrasing does not seem to suggest that at all.  On the contrary, a "free state", composed of free citizens, needs to be able to defend itself from enemies by constituting a militia to which every citizen should be able (and even required) to participate.  A militia composed of trained arm-bearing citizens (as in the heyday of the Roman republic) was the opposite of a standing army composed of professional soldiers, which in those days often included mercenaries (the opposite of soldier-citizens since they are fighting for pay, not for the sake of their country).  There does not seem to be anything in the wording that suggests that people should be arming themselves individually against the potential criminality of their duly elected government, let alone that of their fellow citizens.</description>
		<content:encoded><![CDATA[<p>Andy A:  Some people interpret the 2nd Amendment as being intended to allow individuals to mount armed rebellions against the potential tyranny of their government, but the phrasing does not seem to suggest that at all.  On the contrary, a "free state", composed of free citizens, needs to be able to defend itself from enemies by constituting a militia to which every citizen should be able (and even required) to participate.  A militia composed of trained arm-bearing citizens (as in the heyday of the Roman republic) was the opposite of a standing army composed of professional soldiers, which in those days often included mercenaries (the opposite of soldier-citizens since they are fighting for pay, not for the sake of their country).  There does not seem to be anything in the wording that suggests that people should be arming themselves individually against the potential criminality of their duly elected government, let alone that of their fellow citizens.</p>
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		<title>By: David Walker</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306356</link>
		<dc:creator>David Walker</dc:creator>
		<pubDate>Fri, 21 Dec 2012 20:17:33 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306356</guid>
		<description>That UN link was fascinating:  A single run-on sentence, broken into paragraphs, no less, with some of them marked with numbers and letters (in outline form); and then the whole thing ends with "Invites... Reiterates... Requests... Decides to remain actively seized of this matter."

I'm glad to hear they are actively seized.  I wonder if anyone has tallied how many matters the UN is actively siezed by (or with) at present.</description>
		<content:encoded><![CDATA[<p>That UN link was fascinating:  A single run-on sentence, broken into paragraphs, no less, with some of them marked with numbers and letters (in outline form); and then the whole thing ends with "Invites&#8230; Reiterates&#8230; Requests&#8230; Decides to remain actively seized of this matter."</p>
<p>I'm glad to hear they are actively seized.  I wonder if anyone has tallied how many matters the UN is actively siezed by (or with) at present.</p>
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		<title>By: This Week&#8217;s Language Blog Roundup: Words of the Year, Grimm&#8217;s Fairy Tales, movies &#124; Wordnik</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306230</link>
		<dc:creator>This Week&#8217;s Language Blog Roundup: Words of the Year, Grimm&#8217;s Fairy Tales, movies &#124; Wordnik</dc:creator>
		<pubDate>Fri, 21 Dec 2012 15:02:47 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306230</guid>
		<description>[...] a problematic BBC piece, as well as the origins of the word bork. At Language Log, Mark Liberman took down The New Yorker for claiming that the Constitution is ungrammatical, and Geoff Pullum ranted about [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] a problematic BBC piece, as well as the origins of the word bork. At Language Log, Mark Liberman took down The New Yorker for claiming that the Constitution is ungrammatical, and Geoff Pullum ranted about [&#8230;]</p>
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		<title>By: Andy Averill</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306153</link>
		<dc:creator>Andy Averill</dc:creator>
		<pubDate>Fri, 21 Dec 2012 12:57:33 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-306153</guid>
		<description>Keep in mind that in 1789, bearing arms wasn't seen as just an abstract right, but a practical necessity. And it wasn't just about resisting tyranny -- people who lived on the frontier worried about attacks by Indians, and white people in the South worried about slave rebellions. There were laws in some of the states &lt;b&gt;requiring&lt;/b&gt; householders to own firearms, which they would keep in their own homes. Able-bodied men were also typically required to belong to a militia, which could be called up in an emergency. 

So clearly that's the background of the amendment. But what's interesting is that the writers of the amendment felt called upon to justify it -- something they didn't do anywhere else in the Bill of Rights. They could have just left out the opening clause. Were they already thinking about the consequences of an unrestricted right to bear arms?</description>
		<content:encoded><![CDATA[<p>Keep in mind that in 1789, bearing arms wasn't seen as just an abstract right, but a practical necessity. And it wasn't just about resisting tyranny &#8212; people who lived on the frontier worried about attacks by Indians, and white people in the South worried about slave rebellions. There were laws in some of the states <b>requiring</b> householders to own firearms, which they would keep in their own homes. Able-bodied men were also typically required to belong to a militia, which could be called up in an emergency. </p>
<p>So clearly that's the background of the amendment. But what's interesting is that the writers of the amendment felt called upon to justify it &#8212; something they didn't do anywhere else in the Bill of Rights. They could have just left out the opening clause. Were they already thinking about the consequences of an unrestricted right to bear arms?</p>
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		<title>By: marie-lucie</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-305891</link>
		<dc:creator>marie-lucie</dc:creator>
		<pubDate>Fri, 21 Dec 2012 03:15:29 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-305891</guid>
		<description>Thank you for the information and reference, Cameron.</description>
		<content:encoded><![CDATA[<p>Thank you for the information and reference, Cameron.</p>
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		<title>By: Cameron</title>
		<link>http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-305860</link>
		<dc:creator>Cameron</dc:creator>
		<pubDate>Thu, 20 Dec 2012 23:04:09 +0000</pubDate>
		<guid isPermaLink="false">http://languagelog.ldc.upenn.edu/nll/?p=4378#comment-305860</guid>
		<description>@marie-lucie: with regard to your point about the collective nature of the phrase "the people", while it is very much the case that the notion of democracy that developed in France was based on the idea of a singular collective entity referred to as &lt;i&gt;le peuple&lt;/i&gt;, American democracy has always been quite different, based instead on a conception of the &lt;i&gt;demos&lt;/i&gt; as an aggregation of individuals. 

At the risk of sounding pedantic by waxing bibliographical, I should like to point out that the contrast between American and French notions of democracy was discussed at some length in Dick Howard's 2002 book &lt;i&gt;The Specter of Democracy&lt;/i&gt;. Dick Howard is one of the few American political philosophers who have a deep knowledge of French political thought.</description>
		<content:encoded><![CDATA[<p>@marie-lucie: with regard to your point about the collective nature of the phrase "the people", while it is very much the case that the notion of democracy that developed in France was based on the idea of a singular collective entity referred to as <i>le peuple</i>, American democracy has always been quite different, based instead on a conception of the <i>demos</i> as an aggregation of individuals. </p>
<p>At the risk of sounding pedantic by waxing bibliographical, I should like to point out that the contrast between American and French notions of democracy was discussed at some length in Dick Howard's 2002 book <i>The Specter of Democracy</i>. Dick Howard is one of the few American political philosophers who have a deep knowledge of French political thought.</p>
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