My dissertation examines the rights of children in the context of liberal conceptions of justice. The theoretical aspects of the dissertation concern liberal paternalism, autonomy, and the adequacy of Rawls's argument for the lexical priority of liberty. I apply my theoretical conclusions to practical issues of medical decision making for children, compulsory education, parental and state authority, and the age of majority. I begin with an analysis of paternalism in liberal political theory and its justificatory bases in the concepts of rationality and autonomy. On the basis of empirical studies of children's rationality I draw the preliminary conclusion that the age of majority should be lowered to fourteen years. Next, I consider utilitarian justifications for paternalistic treatment of children. I conclude that utilitarianism leads to an illiberal paternalism that would both maintain the present age of majority and call for expanded compulsory education and compulsory parent training. In light of utilitarian objections to rationality-based paternalism I consider whether the scope of liberal paternalism might be expanded to give greater weight to welfarist concerns. I argue against Rawls's lexical priority of liberty and for a more flexible balancing of liberty against welfare within the conception of justice as fairness. Turning to concrete problems, I analyze recent cases in law involving transplantation of organs between siblings, and argue that the nature of intimate relationships provides a ground for the partial compromise of freedom of the person in the context of family medical needs. However, I contend that adolescents should have authority to make their own medical decisions at age fourteen. I consider the proper scope of parental authority to shape the lives and values of children. I consider the justification and scope of compulsory education and propose a non-compulsory incentive system for continued education after the age of fourteen years. On the basis of my earlier argument for balancing welfare against liberty, I claim that it is permissible and advisable to set a higher age threshold for drinking, driving, marriage, and military service than is set for majority generally.

Thesis (M. P. A.)--Texas State University-San Marcos, 2009. / "Fall 2009." Includes bibliographical references (leaves 70-75).

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My dissertation explores the intense crisis of sensibility experienced by liberal intellectuals in cold war America, with special emphasis on the desire to renew liberal democratic culture by moving, in mind and spirit, from innocence to responsibility. The latter term, however, expresses sentiments of civic virtue or republicanism very much at odds with liberalism; hence the ultimate failure of liberals to consummate their own sense of what is most needful or necessary. Although liberals clearly desire the sensational execution of innocence, their inability to be "altogether evil" (Machiavelli) consigns them to the equivocating limbo of what R. W. B. Lewis called the "new stoicism." The liberal desire for renewal does find its consummation, however, in Leo Strauss's Thoughts on Machiavelli (1958), which instructs liberals in the salutary benefits of a philosophical republicanism. As embodied in Machiavelli himself, this mode of republicanism promises to emancipate liberals (if only they would listen) from the tyranny of innocence, thereby effecting the desired regenerative movement to civic responsibility.

In this study, data-processed averages of the congressional voting ratings of Americans for Democratic Action (ADA), the AFL-CIO Committee on Political Education (COPE), and Americans for Constitutional Action (ACA) were utilized comparatively for the thirteen consecutive 1947-1972 postwar American Congresses. ADA, COPE, and ACA rating averages served as tracers to plot the 1947-1972 ideological dispositions, differentials and directions of the American Congress, congressional parties, House and Senate, geopolitical regions, demographic, and religious groupings. ADA, COPE, and ACA averages consistently corroborated 1947-1972 ideological trends.Congress experienced four ideological epicycles during 1947-1972. Following a 1947-1949 conservative reactionism, a 1949-1958 liberalizing moderation climaxed in a 1959-1966 crescendo of epic liberalism, succeeded by a 1967-1972 moderating liberalism. The 1947-1972 congressional parties manifested changing degrees of ideological polarity.The ideologically divergent postwar congressional parties converged during the 1949-1958 era of liberalizing moderation as urbanizing congressional Republicans moderated appreciably. During the 1959-1966 liberal surge, congressional Republicans fashioned a conservative pro-Southern strategy in order to achieve power. From 1967 to 1972, the parties converged ideologically; Southern congressional Democrats rapidly conservatized and social-issue conscious urban congressional Democrats ideologically moderated while suburbanizing congressional Republicans liberalized.The 1947-1972 House and Senate changed ideological positions. The House was ideologically superseded by a belatedly more urban and, therefore, more liberal post-1961 Senate. Urban liberal Senate Republicans accounted for the greater liberalism of the Senate; the urbanized House Democracy continued to exceed the liberalism of the Senate Democracy.Rural, suburban and urban groupings displayed greater degrees of liberalism from the least to the greatest density of population. Rural congressional district and state averages were conservative, and suburban and urban averages were moderate and liberal respectively. The 1969-1972 suburban and urban averages moderated. Protestant, Catholic and Jewish congressional district averages were conservative, liberal and strongly liberal respectively.The standard geopolitical regions of East, South, Midwest and West experienced dramatic 1947-1972 ideological and partisan transition. The East realigned from a congressional Republican bastion to a congressional Democratic bastion and revolved from the most conservative to the most liberal region. The South shifted from the most liberal to the most conservative region and began a rapid, pro-Republican realignment. The Midwest liberalized and realigned Democratically and the West conservatized and gravitated toward the GOP.Thus, congressional Democrats were becoming the liberal party of the North and congressional Republicans were becoming the conservative party of the Heartland. These 1947-1972 ideological and partisan transitions were apparent in the behavior of the Yankee Zone and Sun Belt geopolitical subregions. The conservative Republican Yankee Zone revolved into a bastion of liberal Democracy while the solidly Democratic Sun Belt conservatized and trended Republican.The depopulation of rural areas and cities and the population plurality of suburbia were disclosed in the 1970 census. The 1966-1972 emergence of congressional Republicans to majority control of suburban constituencies suggests the advent of a suburban political cycle of ideological moderation and Republican supremacy. The depopulation of the liberalizing and Democratizing East and Midwest and the population of the conservatizing and Republicanizing South and Sun Belt corroborate this projection.

Thesis (Ph. D.)--University of Wisconsin, 1967. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.