approaches to education

The Nature of School Law

Assessing the Characteristics of School Law

What is the nature of school Law? Presently, there is no way to answer this question without referring to other fields of law. For instance, educational law is the result of the dos and don’ts of a number of fields of law. They generally include contract law, tort law, administrative law, and constitutional law, just to name a few.

I would also argue that a law is not a universal instrument. That is, a law cannot be so vague that it applies to everything and anyone. A law has to have certain limitations and restrictions in regards to its application. This understanding certainly makes it difficult to decipher the nature of school law. But let us dig a bit deeper.

Applying the Law in Education

When it comes to the application of the law, there is no such a thing as a “School problem.” Educational issues do not always have a clear legal characteristic or even an unequivocal legal identity. There are no special problems in education, which could only take place within a school setting.

Let me also point out that schools are organizations. As such, they are prone to administrative controversies. They are also susceptible to pedagogical issues.

Educational issues may include curriculum problems, student discipline, and personnel disagreements; this is just to name a few. Public school entities are also vulnerable to constitutional problems. To that extent, school officials often found their selves exposed to lawsuits, which generally allege violations of First Amendment (freedom of speech) or Fourth Amendment claims (unreasonable or unlawful searches and seizures).

It can be difficult to apply the law uniformly in education. But let us examine a few contrasting issues in education.

Ben Wood Johnson, Ph.D.

Ben Wood Johnson, Ph.D.

President/CEO at BWEC, LLC.
Dr. Johnson is an author, educator, and philosopher. He is a multidisciplinary scholar. He writes about Philosophy, Legal Theory, Public/Foreign Policy, Education, Politics, Ethics, Race, and Crime. Dr. Johnson graduated from Penn State and Villanova University. He is fluent in French, Portuguese, Spanish, and Italian. Dr. Johnson enjoys reading, poetry, painting, and music.
Ben Wood Johnson, Ph.D.

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