A communitarian theory of the education rights of students with disabilities

Dickson, Elizabeth (2012) A communitarian theory of the education rights of students with disabilities. Educational Philosophy And Theory, 44(10), pp. 1093-1109.

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There is a lack of writing on the issue of the education rights of people with disabilities by authors of any theoretical persuasion. While the deficiency of theory may be explained by a variety of historical, philosophical and practical considerations, it is a deficiency which must be addressed. Otherwise, any statement of rights rings out as hollow rhetoric unsupported by sound reason and moral rectitude. This paper attempts to address this deficiency in education rights theory by postulating a communitarian theory of the education rights of people with disabilities. The theory is developed from communitarian writings on the role of education in democratic society. The communitarian school, like the community within which it nests, is inclusive. Schools both reflect and model the shape of communitarian society and have primary responsibility for teaching the knowledge and virtues which will allow citizens to belong to and function within society. Communitarians emphasise responsibilities, however, as the corollary of rights and require the individual good to yield to community good when the hard cases arise. The article not only explains the basis of the right to an inclusive education, therefore, but also engages with the difficult issue of when such a right may not be enforceable.

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ID Code: 46856
Item Type: Journal Article
Refereed: Yes
Keywords: Communitarianism, Disability, Education rights, Inclusive education
DOI: 10.1111/j.1469-5812.2011.00788.x
ISSN: 0013-1857
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law and Society (180119)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Legal Theory Jurisprudence and Legal Interpretation (180122)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Copyright Owner: Copyright 2012 Taylor and Francis
Deposited On: 08 Nov 2011 03:45
Last Modified: 12 Feb 2015 03:24

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