Educational Opportunity and the Limits of Legal Obligation

52 Pages Posted: 19 Oct 2020 Last revised: 2 Nov 2020

See all articles by R. George Wright

R. George Wright

Indiana University Robert H. McKinney School of Law

Date Written: September 6, 2020

Abstract

It is often thought that a fundamental right to education should be recognized under the federal Constitution. The courts, however, have generally been less than fully receptive to this idea. This Article offers reasons for courts to reconsider this position. Crucially, the Article points out an important implication of denying basic educational opportunity. Specifically, failing to provide a minimally sufficient opportunity for basic education undermines any claim to any morally binding general legal authority over those persons denied such opportunity. That is, persons denied basic educational opportunity typically have no moral obligation to obey the dictates of the established legal regime. For such persons, the regime is, on mainstream theories, illegitimate. This conclusion should provoke a reconsideration of whether it is justifiable, overall, to fail to acknowledge and enforce a federal constitutional right to an educational opportunity that is minimally sufficient for broad regime legitimacy.

Keywords: educational opportunity, schools, legitimacy, authority, obligation, equal protection

JEL Classification: K10, K30

Suggested Citation

Wright, R. George, Educational Opportunity and the Limits of Legal Obligation (September 6, 2020). Indiana University Robert H. McKinney School of Law Research Paper No. 2020-17, Available at SSRN: https://ssrn.com/abstract=3687719 or http://dx.doi.org/10.2139/ssrn.3687719

R. George Wright (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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