Rethinking Educational Rights: Implications for Philosophy and Policy.
This collection of essays seeks to bring together and extend existing work on rights, democracy, and educational justice in order to examine the philosophical warrant for educational rights claims, as well as their scope and limit. The essays are framed by an understanding of rights as moral entitlements that are rooted in principles of justice. As such, the types of rights discussed are more expansive than legal rights, which are limited by what positive law recognizes. The educational rights claims addressed in these essays thus raise questions about the priority of rights claims given potential value conflicts—especially between democratic principles and parental liberty. The essays address crucial questions arising at the intersection of democratic theory, distributive justice, and educational policy: What is the rationale for and scope of students' educational rights, both in particular policy arenas and generally? What correlative duties do these rights imply for different stakeholders—students, families, educators, and the state? And when might claims about students' rights go too far, given competing concerns about family relations and children's developmental needs?
Digital Object Identifier (DOI)
Newman, A. and Stitzlein, S. M. (2012), RETHINKING EDUCATIONAL RIGHTS: IMPLICATIONS FOR PHILOSOPHY AND POLICY. Educational Theory, 62: 1–6. doi: 10.1111/j.1741-5446.2011.00431.x