Blackstone's precedent and the role of judicial precedent in American education law

Original Post

Blackstone 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 for further advice. 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 reason for the hope that you have. But do this with gentleness and respect.” Teachers do have a professional ethical obligation to communicate with respect, and to treat others gently and kindly. There are many ways to embody Christian values and a Christian worldview without using words. Being “prepared to give an answer” also implies that preparation is required. A teacher who is asked to explain or defend her faith can do so in a time and place that is more appropriate than in the classroom.

Constitutional law and Christian values are not at odds with one another. While the Christian worldview can seem diametrically opposed to other worldviews, common ground can always be found in order to create a harmonious community. Finally, the distinction between what is “commonplace” or popular and what is right is an important one. Unjust laws often remain on the books longer than they should because the will of the people is sometimes misguided.

Discussion Post 2

Stephen Kitoo

The Constitution is clear in the Establishment Clause, which undergirds so much of the debate regarding the role religion plays in school. Private schools have freedom to impart religion and religious values, but public schools are not because public schools are considered a public—meaning taxpayer-funded—service. Public schools are therefore governed by the Establishment Clause. On this matter, the courts have remained fairly constant, although there are some cases that demonstrate the different ways the Establishment Clause may be interpreted (or misinterpreted, as the case may be).

In fact, the Establishment Clause has long been misunderstood and teachers and students both have more leeway than they might realize to practice faith in school.