TOPICS: LAW & EDUCATION in Fall 2023 (LW2091B)

Disagreement over what makes life a “good” life draws attention from both philosophers, governments, and lawyers alike. Political theory has offered numerous ways for dealing with groups and individuals whose fundamental values clash with that of the majority. Its liberal wing ranges from imposing reason to venerating diversity and its liberal solutions stretch from toleration to non-discrimination to multiculturalism (occasionally slipping into intolerance, discrimination, and cultural bias). Democratic governments, on their behalf, attempt to follow these noble ends while keeping in mind such factors as power, stability, and nationalism (and occasionally, reelection). Finally, lawyers are charged with providing the constitutional and legal framework for the clashes, juggling all of the above (and occasionally dropping some of them to the ground).

Our course will lead us through this theoretical and legal forest of value-laden conflicts using two main points of reference: religion (perhaps the most profound source for that sort of disagreement) and education (perhaps the most crucial stage in its formation).

Is liberalism actually a religion? Do we really want our children to think on their own? How much freedom should be granted to illiberal minorities at the expense of social cohesion and stability? May freedom of consciousness justify education to scientific ignorance and social intolerance? And why would we even trust the government in controlling the future of the next generations? These, and other, intriguing questions will accompany our journey through both educational theories and policies (in France, USA, India, Israel, and/or other countries of reference), reflected in legislation and case law. Some of the subjects to be tackled during the course: The right to autonomy; parental vs. children rights vs. state interests; religion in public schools; minimal “secular” curriculum; funding of religious schools.