Randall R. Curren

The aim of this article is to outline the basis for a comprehensive account of educational rights. It begins by acknowledging the difficulties posed by diversity, and defends a conception of universal human rights that limits parental educational discretion. Against the backdrop of the literature of public reason and fair equality of opportunity, it sketches arguments for the existence of rights to education of some specific kinds. Those rights, and associated educational purposes, are systematised on the basis of a conception of education as initiation into practices that express human flourishing.

The aim of this paper is to revive a tradition of educational thought that identifies good judgment as the highest aim of education. It identifies sharply opposed manifestations of this tradition in the works of Aristotle and Locke, and uses these as points of departure in defending and exploring the tradition. The defense rests on the claims that the basic aim of educational institutions should be to enable people to live well and that good judgment is essential to living well. The relationships between good judgment and other widely discussed educational aims are addressed, including autonomy, fulfillment of potential, and acquisition of knowledge. Curricular and pedagogical aspects of the promotion of good judgment are addressed, and the paper concludes by identifying potential benefits as well as limitations associated with the conditions of epistemic dependence.

Until recently, it was widely assumed in societies with long-established, publicly funded school systems that school attendance served the interests of children, society, and parents alike. In the United States and other common-law jurisdictions, safeguarding and promoting the independent welfare and developmental interests of every child was a public responsibility under the parens patriae doctrine. Compulsory schooling laws enacted under parens patriae authority required all persons having care and control of a child to share their custodial authority with publicly certified teachers for limited periods of time. By compelling all parents to send their children to school, the state ensured that all children had access to instruction and opportunities for social, economic, and civic participation beyond what their parents alone could provide. Parents were incidentally freer to manage the competing demands of domestic life and paid employment, and the enforcement of child labor laws was greatly facilitated by efforts to ensure school attendance. While compulsory schooling laws imposed obvious limits on the custodial authority of all parents for the sake of all children, they were rarely challenged on that basis. Not so today