After I described my course on Individual Rights and the Common Good in a previous blog, several readers asked if I would post the reading list.
Because I’m at home with limited access to both my office and memory, I don’t have the complete list, but here are those I do have: Thomas Smith, Aristotle on the Conditions for and Limits of the Common Good, from Volume 93 of the American Political Science Review; John Locke’s Second Treatise of Civil Government (Chapters 9 and 10); DeTocqueville’s Democracy in America (Book 2, Chapters 27, 28 and 29) and an essay “DeTocqueville on Individualism” from a website titled The Laughing Agave; John Stuart Mill’s On Liberty (Chapter One); John Rawls’ A Theory of Justice (not the book, but an excerpt published by the journal Philosophy and Public Affairs in the summer of 1985; The Procedural Republic and the Unencumbered Self, by Michael Sandel, from the journal Political Theory in 1984; Liberalism, Community and Tradition by Joel Feinberg, from Volume 3, #3 of Tikkun; Church, State and Women’s Human Rights, by Martha Nussbaum, from Criterion: A Publication of the Divinity School of the University of Chicago; cases considering the rights of LGBTQ persons against claims of religious liberty: Bowers v. Hardwick, Romer v. Evans, Lawrence v. Texas and Obergfell v. Hodges, and cases I don’t have in front of me balancing property rights against nuisance laws and other governmental regulations.
The official course description was: Considers the tension between individual and majoritarian rights in our constitutional system, and the effects of that tension on the formulation of public policy.
The course was an investigation of that tension–the right of citizens to personal autonomy, on the one hand, and the equally strong human need to be part of a cohesive community, on the other.
As I pointed out in the course syllabus, the fundamental issue in political philosophy–as well as in day-to-day governance–is who decides? What sorts of decisions must government be empowered to make, and which must be left to the individual? Answering that, of course, requires that we explore many other questions–what do we mean by “the common good?” How much social consensus is necessary for a government policy to be considered legitimate?
Can public policies encourage the the development of an inclusive “we” from America’s increasingly diverse “I’s” without violating fundamental individual rights?
The class was cross-listed, meaning that both undergraduates and graduates could enroll. Because it wasn’t a required class, it attracted students who were actually interested in exploring those questions. It was fun to teach–or more accurately, to introduce them to what important thinkers have said about these issues, and to serve as a discussion guide.
As I listened to the political debates Americans have been having this year, I’ve really missed the kinds of thoughtful analyses and debates I heard from my students. Conspiracy theories that provide easily identified “bad guys” and heroes, religious dogmas that impose answers rather than helping adherents wrestle with important questions, insistence upon categorizing everyone as “us” or “them” –these are all hallmarks of a flight from genuine engagement and civic responsibility.
I have hopes that with Biden’s election, and his choice of competent adults to head the agencies charged with doing the people’s business, we can emerge from the embrace of ignorance, the corruption and the bigotry of this horrible four-year experiment with government by tantrum, and approach policy argumentation the way most of my students did.
For those of you who wanted the reading list–I hope you’ll let the rest of us know your reactions as you plow through!