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The Domain Of Civic Virtue In A Good Society: Families, Schools, And Sex Equality, Linda C. Mcclain
The Domain Of Civic Virtue In A Good Society: Families, Schools, And Sex Equality, Linda C. Mcclain
Faculty Scholarship
The general topic for this panel's discussion, "The Constitution of Civic Virtue for a Good Society," brings to mind an impossibly large set of fundamental questions. For example, what role does civic virtue play in sustaining our constitutional order and what role, if any, should government play in inculcating civic virtue and, thus, fostering self-government? What role do the institutions of civil society-a realm between the individual and the state, including the family and religious, civic, and other voluntary associations-play? What, exactly, is the content of civic virtue and what textual sources and institutional actors determine it? If historical accounts …
Reconstructive Tasks For A Liberal Feminist Conception Of Privacy, Linda C. Mcclain
Reconstructive Tasks For A Liberal Feminist Conception Of Privacy, Linda C. Mcclain
Faculty Scholarship
If liberal conceptions of privacy survive appropriately vigorous feminist critique and re-emerge in beneficially reconstructed forms, then why haven't more feminists gotten the message and embraced, rather than spurned, such privacy? If liberal privacy survives feminist critique, does it face an even more serious threat if contemporary society has both diminishing expectations of and taste for privacy? Does the transformation of the very notion of "private life," due in part to the rise of such new technologies as the Internet and its seemingly endless possibilities for making oneself accessible to others and gaining access to others, suggest the need for …
Toward A Formative Project Of Securing Freedom And Equality, Linda C. Mcclain
Toward A Formative Project Of Securing Freedom And Equality, Linda C. Mcclain
Faculty Scholarship
This Symposium offers an occasion to pursue two important tasks: (1) identifying normative and constitutional foundations for an affimnative governmental responsibility to engage in a "formative project" that would foster persons' capacities for democratic and personal self-government;' and (2) exploring the mix of normative and empirical inquiries necessary to shape the proper goals and parameters of such a project. These tasks are relevant to my larger project of attempting to develop a synthetic, or feminist and liberal, normative account of rights, responsibilities, and governmental promotion of good, self-governing lives.2 That account argues for governmental responsibility to foster the preconditions for …
Inviolability And Privacy: The Castle, The Sanctuary, And The Body, Linda C. Mcclain
Inviolability And Privacy: The Castle, The Sanctuary, And The Body, Linda C. Mcclain
Faculty Scholarship
This article explores the idea and imagery of inviolability. I use a trilogy of terms-the castle, the sanctuary, and the body-to illuminate different loci of inviolability and to show how notions of sacredness and sanctity undergird the legal protection of inviolability. These images, familiar from privacy jurisprudence, provide a useful lens through which to examine the association between inviolability and gender. Familiar feminist critiques suggest that concepts such as privacy have served to deny, rather than to secure, inviolability for women and women's bodies. I explore the interplay of inviolability and privacy in some prominent feminist accounts of sexuality, and …