MARQUETTE UNIVERSITY

Political Science 137 - Problems in Civil Liberties: Privacy

Fall 2005 MW 3:50 - 5:05 (LL380)

Dr. Christopher Wolfe Office: WW458 Phone: 288-6841 Email: christopher.wolfe@marquette.edu

Office Hours: MWF 11:00 - 11:30; MW 2:00 - 3:45; TH 2:00 - 3:00

COURSE OBJECTIVES:* Using certain constitutional law cases as a starting point, we will examine and discuss competing philosophical grounds for an important contemporary form of liberty, namely, privacy (or autonomy). After brief identification of earlier notions of privacy, we will turn to the modern Supreme Court privacy cases regarding contraception, abortion, homosexual acts, and euthanasia. After looking at the cases, we will study theoretical defenses of broad personal autonomy, in the work of John Stuart Mill and David Richards, and theoretical critics of radical autonomy, such as Robert George. We will also compare views on specific public policy issues (such as abortion and homosexuality), drawing on Richards and George, and on Mary Ann Glendon and Michael Pakaluk. We will conclude with Kristin Luker’s study of the worldviews of abortion activists (pro and con), and some of John Paul II’s reflections on morality and freedom.

Throughout the seminar, we will recur to fundamental questions of political philosophy (and indeed of life), especially the relationship between law and freedom and "transcendent" principles of truth and goodness (such as those of natural law and of revealed religion). This will bring into play our ultimate conceptions of what the world and human life are all about, which will implicate theological as well as philosophical questions.

One cautionary note: unlike my other courses, this seminar will not be committed in principle to finishing a particular agenda of study, but will rather move at the pace of our own study and discussion. The outline given above (and the assignments given below) are therefore very tentative and subject to continual revision–we may get through it all, or only a part of it.

*University-mandated Statement of Course Learning Objectives: Upon completion of this course, the student will be able to:

1) be familiar with a range of competing opinions on the meaning and appropriate scope of privacy;

2) express a reasoned opinion on the meaning and appropriate scope of privacy (or autonomy);

2) read more carefully, think more logically, and express ideas more clearly (in speech and writing).

COURSE REQUIREMENTS:

1. Punctual performance of the reading assignments and active participation in class discussion.

2. Regular writing assignments: 3 short (3‑5 page) reflection papers ( each 15% of the final grade).

3. Class presentations: each student will begin two classes (one of the classes on a case and one of the classes on a theorist) with a 10-minute summary of the reading for the day, with some brief comments raising questions about it. (Sign-up sheet for the first class available Wed., Sept. 7, and for the second class Wed., Oct. 12.)

4. A final take‑home exam (on a topic concerning the relationship of law and liberty) (30% of the final grade).

5. Class discussion (25% of the final grade). The quality of class discussion is determined, not so much by “right answers” (though the discussion should reveal that there has been appropriate class preparation), but by asking intelligent questions and making an effort to come to grips with the questions raised in class.

ASSIGNED READINGS (Most of these readings will be available on electronic library reserve.)

selected Supreme Court cases (available through Marquat: go to Journal Articles, Databases & Other E‑Resources, then at “click on discipline” - choose Law, then Lexis-Nexis Academic Universe, then Legal Research, then Get a Case–and type in the name of the parties to the case)

Elizabeth For-Genovese “Thoughts on the History of the Family”

Robert George Making Men Moral (excerpts from ch. 5 and 7) and In Defense of Natural Law (excerpts from ch. 11)

Mary Ann Glendon Abortion and Divorce in Western Law

John Hittinger “David A.J. Richards: A Liberalism of the Autonomous Person”

Julie C. Inness Privacy, Intimacy, and Isolation (ch. 1-2)

Kristin Luker Abortion and the Politics of Motherhood (ch. 7-8)

John Stuart Mill On Liberty (chapter 4) [available at: http://www.bartleby.com/130/4.html]

Michael Pakaluk “The Liberalism of John Rawls: A Brief Exposition” and “Homosexuality and the Common Good”

David A.J. Richards ‑ Toleration and the Constitution (chapters 8-9)

John Paul II Veritatis Splendor

Ferdinand Schoeman Philosophical Dimensions of Privacy (chapter 1)

Christopher Wolfe, “Abortion and Liberal Democracy” (review of Glendon and Luker)

ASSIGNMENTS: [N.B.: the schedule below is tentative, and may be adjusted during the semester]

Aug. 29 Introduction

31 [NO CLASS - What is “Privacy” and Why Do We Value It?: Raising the Issues; Schoeman, chap. 1. and Inness, chapters 1-2]

Sept. 5 NO CLASS - LABOR DAY

7 George Making Men Moral (on privacy), pp. 210-217 [Class discussion includes reading for 8/31]

12 Poe v. Ullman (Harlan dissent); FIRST REFLECTION PAPER (on Poe and Griswold) DUE

14 Griswold v. Conn.

[Thursday, Sept. 15: OFFICE REVIEWS OF FIRST REFLECTION PAPER]

19 Eisenstadt v. Baird, Carey v. Population Services International

21 Roe v. Wade

26 Planned Parenthood v. Casey

28 Stenberg v. Carhart

Oct. 3 Bowers v. Hardwick,

5 Romer v. Evans

10 Lawrence v. Texas

12 Washington v. Glucksberg, Vacco v. Quill

17 Mill, chapter 4; SECOND REFLECTION PAPER (on Mill, chapter 4) DUE

[Tuesday, Oct. 18: OFFICE REVIEWS OF SECOND REFLECTION PAPER]

19 Mill, chapter 4

24 [NO CLASS - Read Pakaluk chapter on Rawls, as background for reading Richards]

26 [NO CLASS - Read Hittinger chapter on Richards; Read Fox-Genovese on the family]

31 Richards, Toleration and the Constitution, chap. 8

Nov. 2 Richards, Toleration and the Constitution, chap. 8

7 George, Making Men Moral, pp. 139-160 (on Richards and autonomy)

9 Richards, Toleration and the Constitution, pp. 255-269 (on privacy, contraception, and abortion)

14 Glendon, Abortion and Divorce in Western Law, chapter 1

16 Glendon, Abortion and Divorce in Western Law, chapter 3 [chapter 2, optional]

21 Wolfe review of Glendon; George, In Defense of Natural Law, pp. 205-213 (on abortion)

28 Richards, pp. 269-80 (on homosexuality); THIRD REFLECTION PAPER (on Richards and Pakaluk on homosexuality) DUE

[Tuesday, Nov. 29: OFFICE REVIEWS OF THIRD REFLECTION PAPER]

30 Pakaluk “Homosexuality and the Common Good”

Dec. 5 Luker, Abortion and the Politics of Motherhood, chap. 7-8

7 Wolfe review of Luker; John Paul II Veritatis Splendor (excerpts)

Final take-home examination will be distributed at the final class, and will be due on Thursday, December 15.