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The Human Rights-Based Approach to Higher Education : Why Human Rights Norms Should Guide Higher Education Law and Policy
A human right to higher education was included in the International Covenant on Economic Social and Cultural Rights (ICESCR), which came into force in 1976.Yet the world has changed significantly since the ICESCR was drafted.State legislation and policies have generally followed a neoliberal trajectory, shifting the perception of higher education from being a public good to being a commodity able to be bought and sold.This model has been criticized, particularly because it generally reinforces social inequality.At the same time, attaining higher education has become more important than ever before.Higher education is a prerequisite for many jobs and those who have attained higher education enjoy improved life circumstances.This book seeks to determine: Is there still a place for the human right to higher education in the current international context?In seeking to answer this question, this book compares and contrasts two general theoretical models that are used to frame higher education policy: the market-based approach and the human rights-based approach.In the process, it contributes to an understanding of the likely effectiveness of market-based versus human rights-based approaches to higher education provision in terms of teaching and learning.This understanding should enable the development of more improved, sophisticated, and ultimately successful higher education policies. This book contends that a human rights-based approach to higher education policy is more likely to enable the achievement of higher education purposes than a market-based approach.In reaching this conclusion, the book identifies and addresses some strategic considerations of relevance for advocates of a human rights-based approach in this context.
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Legal Education Through an Indigenous Lens : Decolonising the Law School
This book provides a comprehensive resource for accommodating and pursuing Indigenous perspectives in legal education. The book is divided into three sections. The first section highlights the continuing issues that Indigenous people face in law schools and universities, including the ongoing impacts of colonisation and intergenerational trauma, institutional racism and exclusion.This section also includes chapters that explore arguments for the recognition of Indigenous legal knowledge and of the impact of settler law, and the incorporation of Indigenous concepts, laws and ways of thinking about settler law across the curriculum.The second section explores how Indigenous ways of reading and thinking about settler law make a difference to how settler law is understood and interpreted.Contributors consider the power of storytelling and address the prospect of law’s decolonisation.The third section of the book grapples with how traditional law school subjects can be taught through an Indigenous lens, including torts, public law, criminal law and sentencing, clinical legal education, and native title.Throughout, the book demonstrates the importance of, and offers practical advice for, teaching law in a way that includes critical Indigenous perspectives. This book will be of enormous value to teachers, researchers, students in law, legal studies and Indigenous studies, and others with an interest in decolonising legal education. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
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From Expectation to Experience : Essays on Law and Legal Education
In this collection of essays, James Boyd White continues his work in the rhetorical and literary analysis of law, seeing it as a system for the creation of social meaning.White's focus is on the intellectual and ethical possibilities of law, based on the view that law is not merely a logical enterprise, nor a mere matter of politics and power, but rather an activity of the whole mind, including its imaginative and affective capacities. The essays here are united by two basic themes. First, the essays suggest that law can usefully be regarded not only as a set of rules designed to produce results in the material world, as it usually is regarded, but also as an imaginative and intellectual activity that has as its end the claim of meaning for human experience, both individual and collective.Second, they argue that education, including in the law, works by the constant modification of expectation by experience. White claims that as we grow, whether as individuals or as a community, we constantly shape our expectations to our experiences.This happens with particular force and clarity in the law, which seeks to create both a certain set of expectations--this is how it works as a system of regulation--and a series of occasions and methods for their revision.White's interest is in the way these understandings can affect legal teaching, practice, and criticism. The essays in this book examine such topics as the nature of legal education; the possibilities for writing in the law for both judges and lawyers; the relation between the practice of making and claiming meaning as it works in the law and in literatures more usually though of as imaginative, such as poetry or drama; the ways in which the law talks, and ought to talk, about business corporations, religion, and individual judgments; and the ethical possibilities of the practice of law when it is conceived of as a field for the making of meaning. From Expectation to Experience will be of interest to lawyers, legal scholars, as well as students of law, law and literature, and ethics and literature. James Boyd White is Hart Wright Professor of Law, Professor of English, and Adjunct Professor of Classical Studies, University of Michigan.
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Education Law Handbook
The Education Law Handbook is a comprehensive textbook for legal practitioners covering all areas of education law from pre-school to university. It has been written by a team of specialist education law barristers at 11KBW in London, the leading education law Chambers in the country. It is structured according to the four main phases of education: (1) pre-school and nurseries(2) schooling for children of compulsory school age(3) sixth-form and further education(4) higher educationThe law applicable to all types of schools, colleges and universities is explained, and themes such as special educational needs, transport, negligence, discrimination and human rights are all dealt with in detail, as is the law applicable to teaching staff and governing bodies. This is book is quite simply the most comprehensive and detailed book on education law available.
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Does compulsory education violate human rights?
Compulsory education can be seen as a violation of human rights if it restricts individual freedom and choice. However, it can also be viewed as a way to ensure that every child has access to education, which is a fundamental human right. Compulsory education laws are intended to ensure that all children have the opportunity to develop the skills and knowledge necessary to participate fully in society. It is important to balance the rights of individuals with the collective responsibility to ensure that all children have access to education.
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Why does the government promote education and further training?
The government promotes education and further training because it is essential for the overall development and progress of a society. Education and training help individuals acquire the necessary skills and knowledge to contribute to the economy, innovate, and adapt to changing job markets. Additionally, an educated and skilled workforce can lead to higher productivity, economic growth, and a more competitive nation in the global market. Furthermore, education can also lead to improved social outcomes, such as reduced crime rates and better health outcomes. Therefore, the government invests in education and further training to ensure the long-term prosperity and well-being of its citizens.
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Is it legal to refuse an education voucher?
In most cases, it is legal to refuse an education voucher. Education vouchers are typically offered as a form of financial assistance or subsidy for education expenses, and individuals have the right to choose whether or not to accept them. However, there may be specific circumstances or conditions attached to the voucher that could impact its refusal, such as contractual obligations or legal requirements in certain educational programs or institutions. It is important to review the terms and conditions of the voucher and seek legal advice if there are any concerns about refusing it.
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Is functional education education?
Yes, functional education is a form of education that focuses on teaching practical skills and knowledge that can be directly applied to real-life situations. This type of education aims to prepare individuals for the workforce and everyday life by providing them with the tools and knowledge they need to succeed in their chosen field. Functional education can include vocational training, technical skills development, and practical problem-solving, all of which are essential for success in the modern world. Therefore, functional education can be considered a valuable and important form of education.
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Gender-Competent Legal Education
Male-dominated law and legal knowledge essentially characterized the whole of pre-modern history in that the patriarchy represented the axis of social relations in both the private and public spheres.Indeed, modern and even contemporary law still have embedded elements of patriarchal heritage, even in the secular modern legal systems of Western developed countries, either within the content of legislation or in terms of its implementation and interpretation.This is true to a greater or lesser extent across legal systems, although the secular modern legal systems of the Western developed countries have made great advances in terms of gender equality.The traditional understanding of law has always been self-evidently dominated by men, but modern law and its understanding have also been more or less “malestreamed.” Therefore, it has become necessary to overcome the given “maskulinity” of legal thought.In contemporary legal and political orders, gender mainstreaming of law has been of the utmost importance for overcoming deeply and persistently embedded power relations and gender-based, unequal social relations.At the same time and equally importantly, the gender mainstreaming of legal education – to which this book aims to contribute – can help to gradually eliminate this male dominance and accompanying power relations from legal education and higher education as a whole. This open access textbook provides an overview of gender issues in all areas of law, including sociological, historical and methodological issues.Written for students and teachers around the globe, it is intended to provide both a general overview and in-depth knowledge in the individual areas of law.Relevant court decisions and case studies are supplied throughout the book.
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The Law of Higher Education : Essentials for Legal and Administrative Practice
A comprehensive, up-to-date reference for higher education law faculty, administrators, counsel, and students This revised 7th Edition of The Law of Higher Education: Essentials for Legal and Administrative Practice offers updated information, analysis, and practical suggestions on a full range of legal issues pertinent to both public and private institutions.As a guide for coursework in programs preparing higher education lawyers and administrators for leadership roles, and as a reference for professionals in those fields, this book is essential for both students and practitioners.Covering the latest changes to laws in higher education, the 7th edition gives readers the most current possible understanding of higher education law.The book also contains a glossary of key terms and an appendix on how to read legal material for the non-law student.Each chapter is introduced by a discussion of key terms and ideas the reader will encounter.The book thoroughly addresses the most important contemporary issues in education law: free speech, Title IX, academic freedom, institutional tort liability, racial harassment, employment discrimination, disability and reasonable accommodation, campus security, and student organizations are among the key topics that readers will come to understand in depth.There have been substantial recent changes in the laws governing these issues, and practitioners will need the updated content in this book to remain conversant in todays' higher education law and policy.Gain a thorough understanding of the central topics in higher education law, including free speech, nondiscrimination, religious free exercise, and many othersReview the latest changes to federal laws governing colleges and universitiesReference a glossary of terms, statute index, and other convenient featuresLearn about the American court system and how to read and analyze court opinions The Law of Higher Education: Essentials for Legal and Administrative Practice is indispensable for anyone studying higher education administration, preparing for a career in higher education law, or seeking to learn more about law in higher education.
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Affect and Legal Education : Emotion in Learning and Teaching the Law
The place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons.The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality - all this has made the subject of emotion in legal education invisible.Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning.Part 1 focuses on the contribution that neuroscience can make to legal learning, a theme that is carried through other chapters in the book.Part 2 explores the role of emotion in the working lives of academics and clinical staff, while Part 3 analyses the ways in which emotion can be used in learning and teaching.The book, interdisciplinary and wide-ranging in its reference, breaks new ground in its analysis of the educational lifeworld of situations, communities, actors and interactions in legal education.
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The Social Constitution : Embedding Social Rights Through Legal Mobilization
In The Social Constitution, Whitney Taylor examines the conditions under which new constitutional rights become meaningful and institutionalized.Taylor introduces the concept of 'embedding' constitutional law to clarify how particular visions of law come to take root both socially and legally.Constitutional embedding can occur through legal mobilization, as citizens understand the law in their own way and make legal claims - or choose not to - on the basis of that understanding, and as judges decide whether and how to respond to legal claims.These interactions ultimately construct the content and strength of the constitutional order.Taylor draws on more than a year of fieldwork across Colombia and multiple sources of data, including semi-structured interviews, original surveys, legal documents, and participation observation.This title is part of the Flip it Open Programme and may also be available Open Access.Check our website Cambridge Core for details.
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Does property rights supersede the constitution?
Property rights are protected by the constitution, but they do not necessarily supersede it. The constitution provides a framework for protecting property rights, but it also balances those rights with the broader interests of society. In some cases, the government may have the authority to limit or regulate property rights in the interest of public welfare, as long as it does so within the bounds of the constitution. Therefore, while property rights are important and protected, they are not absolute and must be balanced with other constitutional principles.
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Is compulsory education allegedly a violation of the law?
Compulsory education is not considered a violation of the law in most countries. It is seen as a way to ensure that all children have access to education and the opportunity to develop essential skills and knowledge. Compulsory education laws are in place to promote equality and ensure that children receive a basic education that will benefit them in the future. Failure to comply with compulsory education laws can result in legal consequences for parents or guardians.
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What does the compulsory education law in Bavaria state?
The compulsory education law in Bavaria states that all children must attend school from the age of six until they have completed nine years of schooling or have reached the age of 18. This means that children are required to attend school for a minimum of nine years, which typically includes primary and lower secondary education. The law also outlines the responsibilities of parents and guardians to ensure that their children attend school regularly and participate in the required educational activities. Additionally, the law provides for certain exemptions and alternative educational arrangements for children who are unable to attend regular school due to health or other reasons.
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What is the education required for the Fachabitur in law?
The education required for the Fachabitur in law typically includes completing a specialized vocational school program in the field of law, such as a Fachoberschule or Berufsoberschule. These programs usually last for two to three years and provide students with a comprehensive understanding of legal principles, procedures, and practices. Additionally, students are required to complete a practical internship in a legal setting as part of their education. Upon successful completion of the program, students are awarded the Fachabitur, which qualifies them for entry into a university to pursue further studies in law or related fields.
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