DeptSem/Giles:HumanRts/CivLib

3 Credits · Level: Graduate, Undergraduate

The Giles Endowed Seminar, during the Fall Semester 2017 probes theoretical and practical relationships between so-called universal and international human rights and so-called civil liberties. Political Theorists distinguish between the two; yet, in popular parlance, we find the two concepts used interchangeably, as synonyms. This class considers the theoretical difference between the two concepts and explores implications in practice and for public policy. How ought we proceed when human rights and civil liberties conflict? Which has priority and why? For example, the Second Amendment to the United States Constitution stipulates: "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." If you were asked whether this implies a human right to own and gun and engage in "open carry," how would you answer? What would be the touchstones of your argument? What do you think should be the guiding theoretical relationship between a Constitution and any Civil Liberties that constitution articulates, protects, or limits? Ecclesiastes (1:9) declares there is nothing new under the sun. Are the substance of human rights and of civil liberties already known and settled. Ought they be settled? Or do we formulate new human rights and/or civil liberties as needs arise? If so, on what foundation and by what authority? We look to early Moderns (Burke and Paine) who take opposite positions on foundational questions about the human rights, civil liberties, and the nature of Constitutions. We wade into the question of whether a Constitution ought to be considered binding on its own terms as a received text or understood as a living document or even disobeyed intentionally in view of human rights (with American Professors of Constitutional Law Strauss and Seidmann). We consider whether the US Project is--and is intended to be--a system of liberties for some accomplished through "lawful" repression of some others (Coates and Butler). If such questions intrigue you, and if you want to undertake a research paper on some aspect, this may be a good seminar for you.