ERIC Number: EJ719855
Record Type: Journal
Publication Date: 2004
Reference Count: 30
Value Pluralism & Negative Freedom in Canadian Education: The Trinity and Surrey Cases
Donlevy, J. Kent
McGill Journal of Education, v39 n3 p305-325 Fall 2004
This paper revolves around two recently decided cases by the Supreme Court of Canada that illustrate how that Court views fundamental legal rights in terms of public policy and administrative decision making by creatures of statute in a free society. The protagonists in each case differ, as do the legal arguments, but the salient socio-political issues are the same, the conflict between value pluralism and value monism, and what Isaiah Berlin calls positive and negative liberty. That is, should society enforce one set of values over all others, and if not, when, if ever, ought public values enshrined in law, trump private values that are also legally protected? Based upon the Court's approach to resolving incommensurable rights in conflict this paper reflects on how educational policy and decision makers might deal with that conundrum by considering matters of positive and negative liberty from a communitarian perspective while nurturing value pluralism, and freedom.
Descriptors: Foreign Countries, Public Policy, Freedom, Democratic Values, Civil Rights, Political Issues, Educational Policy, Court Litigation, Cultural Pluralism, Social Values, Laws
McGill Journal of Education, McGill University, 3700 McTavish Street, Montreal, Quebec H3A 1Y2, Canada.
Publication Type: Journal Articles; Reports - Evaluative
Education Level: Elementary Secondary Education
Authoring Institution: N/A
Identifiers - Location: Canada