Original PostBlackstone initially set the precedent, so to speak, for English common law. English common law became the foundation for American common law, which values judicial precedent over statutes. Many European countries in fact use statutes over legal precedents as the means by which to determine legality, distinguishing the Anglo-American system from others. Blackstone indicated, “that precedents and rules be followed, unless flatly absurd or unjust; for though their reason be not obvious at first view, yet we owe such a deference to former times,” something that has become so entrenched in American judicial practices that it is sometimes taken for granted. Courts of final appeal, like the Supreme Court and the supreme courts of states, will tend towards upholding status quo unless there is a clear and decisive reason why a new precedent should be established. Their decisions will be based on several factors: the merits of the original case, the validity of the precedent law, and their own personal positions on the issue.
Teachers would do well to understand Constitutional law better, as well as the laws governing educational practice in their own state. When in doubt, a teacher can always seek input from the school administrator, who many then need legal counsel...
Teachers also have the ability, if not the responsibility, to consult with parents and receive their input. Legal precedent offers several benefits to educators, including its democratic underpinnings. When social norms change, legal precedents can change far more easily than legislation can change. Legislation can be difficult to change because it requires the power of lawmakers to instigate those changes.
Reply to Discussion Post 1
Judith Bethge
Christians do need to balance the provisions of their faith with the provisions of secular law, especially when working in the public school sector. Your experience is not uncommon; Christian teachers will perceive their voices as being censured when in fact many Christians would want the same privilege of not having their children being taught different religious or moral values than they receive at home or in their community. When working in a religious educational institution, however, teachers are obliged to promote the values of that institution. A public school is by definition a secular educational institution.
The invocation of 1 Peter 3:15 is ideal for this analysis. “But in your hearts revere Christ as Lord. Always be prepared to give an answer to everyone who asks you to give the…
