Philosophy Theses and Dissertations

Permanent URI for this collectionhttp://hdl.handle.net/1903/2799

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    Diversity, Modesty, Liberty: An Essay on State Neutrality
    (2008) Baltzly, Vaughn Bryan; Galston, William A; Philosophy; Digital Repository at the University of Maryland; University of Maryland (College Park, Md.)
    Human beings have long disagreed about the best way to live. Of what significance is this fact for politics? In this dissertation, I argue that it is of the utmost significance, and that substantial theoretical conclusions follow from our decision to take it seriously. Arguing that few accounts of politics have given due consideration to the fact of persistent disagreement, among reasonable and well-intentioned individuals, as to what gives life meaning and value, I articulate what I hope to be the most defensible account of a politics that accommodates this fact. Citing a variety of possible inferences we might make in response to this `fact of diversity', I defend a humble assessment of our cognitive abilities in this regard as the most charitable inference on offer. Formulated from the perspective of those who would claim the right to exercise political power and authority, this epistemically-humble response to the fact of diversity issues in a principled refusal to endorse any particular account of the Good Life as authoritative for public purposes. The state manifests this principled refusal by adopting an attitude of `maximum feasible accommodation' with respect to its citizens' pursuits of their diverse conceptions of life's meaning and value. Such an attitude needs to be fleshed out in terms of policy, however, so in the final chapters I articulate and defend, as the best practical expression of a stance of maximum accommodation, a principle that restricts the use of the state's coercive power to only those measures needed to protect citizens' `expressive liberty' - that is, their right to live lives that express their cherished notions of life's meaning and value, free from coercive interference.
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    Beyond Political Neutrality: Towards A Complex Theory of Rights in the Modern Democratic State
    (2006-10-23) Mason, Chataquoa Nicole; McIntosh, Wayne; Williams, Linda F; Philosophy; Digital Repository at the University of Maryland; University of Maryland (College Park, Md.)
    As of late, women, racial and ethnic minorities, gays and lesbians, and other similarly situated groups have begun to make right-claims that once again test liberal notions of neutrality and raise significant questions concerning whether or not full equality and autonomy is possible in modern democracies. This study focuses on the impact of race, class, gender, sexual orientation, and other markers of difference on the realization of rights in the modern democratic state. This dissertation uses three case studies, which separately and together demonstrate attempts to realize full freedom and autonomy through practices of direct democracy, the California Referendum Initiative; appeal to the courts, the issue of Gay Marriage; and the creation of public policies and landmark legislation, the Violence Against Women Act. The findings of my research suggest that at all levels of government, race, class, gender, sexual orientation and other markers of difference shape the realization of rights in the modern democratic state. In this study, I extend the insights offered by critical race scholars by proffering a complex theory of rights that is able to account for the impact of identity and culture to the realization of rights and rights-claims made by individuals and groups in the public sphere. Employing a complex theory of rights, the findings of this study confirm that there are a variety of factors that influence the realization of rights in the modern democratic state. Chief among them are: (1) A notion of the good operating in society that is connected to deeply entrenched societal values and norms and that privileges the dominant culture; (2) the structures and institutions that govern society are enmeshed in race, class, sexuality, and ethnic hierarchies; (3) the accumulated advantages gained through historic practices of exclusion, conquest, and enslavement; (4) the representation of the dominant group and subjugated groups in the public sphere through texts, the media, and discourse; and (5) whether or not individuals or groups are recognized as bearers of rights under the law.
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    A Moral Contractualist Defense of Political Obligation
    (2003-11-24) Lefkowitz, David B.; Galston, William A.; Philosophy
    Is there a moral duty to obey the law? Or more precisely, do citizens of any modern state have a general duty to acknowledge its authority to determine for them, for action guiding purposes, whether certain kinds of conduct are morally permissible, required, or forbidden? Moral contractualism, I contend, entails that citizens of a liberal democratic state do have such a duty. Treating others morally often requires agents to act collectively. But even agents who accept the moral necessity of collective action will sometimes disagree over the specification of the ends to be achieved, and the means for doing so. I argue that a liberal democratic state (and only such a state) can justifiably claim the authority to resolve such disagreements, which it does mainly by enacting and applying laws. Obedience to democratic laws expresses respect for others' autonomy. In defending these claims, particular attention is paid to the problem posed by disagreement over the design of democratic decision procedures, conflicts between democratically enacted laws and individual rights, and conflicts of rights. Civil disobedience, conscientious objection, and over-inclusive laws are also addressed.