ERIC Number: ED339100
Record Type: RIE
Publication Date: 1991-Jun
Reference Count: N/A
Administration and the Law: An Alternative View.
Duffee, William J.
An altruistic rather than positivist view of the law as it applies to educational management is proposed in this paper. The altruistic interpretation views the law as a mediator that promotes moral and ethical principles, as opposed to the traditional positivist view of law as an instrument of power. The value of an altruistic conception of the law is illustrated by examples in three areas of educational administration: student discipline, teacher dismissal, and student placement. A conclusion is that the altruistic interpretation of law is of greater benefit to educators than the positivist approach in that it utilizes the law as an ally, offers flexibility and tolerance, and is person-oriented. The recommendation is made for educators to take action by reviewing court rulings and developing policies and practices that can be supported by the courts. (26 references) (LMI)
Publication Type: Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers: Canada; Positivism
Note: Paper presented at the Annual Meeting of the Canadian Association for the Study of Education (Kingston, Ontario, June 2-5, 1991).