ERIC Number: ED224145
Record Type: RIE
Publication Date: 1982-Apr
Reference Count: 0
Toward a Social History of Law and Public Education.
This exploratory essay suggests the contours of a social history of law and public education. The essay departs from two traditional approaches to educational law: the study of landmark cases, and textbooks that delimit legally approved practice. Instead the changing dialectic between statutory and court-decided law is analyzed, stressing how Americans used the legal system in different periods to accomplish different purposes. Then the essay explores how school promoters and educational professionals used legislation to establish and standardize schools, how interest groups employed law to assert normative dominance for their own values, and how people used the courts to challenge established practices or to resolve conflicts. Quantitative pilot studies are used to describe and explain changing patterns of litigation. Finally, an appraisal is made of recent attempts to use legislation and court action to promote social justice for neglected groups. (Author/MLF)
Descriptors: Conflict Resolution, Court Litigation, Educational History, Educational Legislation, Elementary Secondary Education, Public Education, Public Policy, School Law, Social History, State Legislation
Publications, Institute for Research on Educational Finance and Governance, School of Education, CERAS Building, Stanford University, Stanford, CA 94305 ($1.00).
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Sponsor: National Inst. of Education (ED), Washington, DC.
Authoring Institution: Stanford Univ., CA. Inst. for Research on Educational Finance and Governance.
Identifiers: Special Interest Groups
Note: Prepared for the IFG Seminar on Law and Education (July, 1981).