Wolfgang Böttcher

The Law Does not Resolve Important Pedagogical Dilemmas

A Comment on Three Attempts to Talk About Major Educational Topics from a Legal Perspective

Shortlink: https://www.waxmann.com/artikelART104635
.doi: https://doi.org/10.31244/dds.2021.04.05

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Abstract

The fact that education and school equally affect questions of pedagogy and law is obvious due to the legal embedding of this area. Whether legal analyses are helpful in dealing with (problematic) educational issues is the subject of this discussion. For this purpose, reference is made to the content and arguments of the basic articles pertaining to the focus topic and concerning inclusion, transitions, and homeschooling, in order to critically reflect on them from an educational science perspective with regard to educational inequality. The discussion reveals open questions, tensions, but also insights. As becomes evident, the law cannot solve the dilemmas of pedagogy on its own. Therefore, an exchange between the two disciplines turns out to be necessary.

Keywords
educational law, inequality of opportunities, inclusion, homeschooling, transitions