Article

 

Is Separate Always Unequal? A Philosophical Examination of Ideas of Equality in Key Cases Regarding Racial and Linguistic Minorities in Education Public Deposited

Downloadable Content

Download PDF
https://ir.library.oregonstate.edu/concern/articles/jw827c43q

Descriptions

Attribute NameValues
Creator
Abstract
  • Advocates for language minority students depict the movement for language minority students' rights as an outgrowth of the civil rights movement, which focused initially on securing rights for racial minorities. This article examines whether the same conceptions of equality and legal remedies apply for both groups. Building on Berlin's notions of negative and positive liberty, I identify two conceptions of equality evoked in key legal cases regarding racial and linguistic minorities: negative equality, which consists of removing morally untenable discriminatory practices to ensure equality via similar treatment, and positive equality, which consists of ensuring equality by customizing treatment depending on a group's particular needs. While these two conceptions of equality may appear at odds, I propose that the least restrictive environment standard, emanating from disability law, can serve to reconcile the two, holding that negative equality is paramount but positive equality may sometimes be necessary in time-bound, limited contexts.
  • This is the author's peer-reviewed manuscript, as accepted by the publisher. The article is copyrighted by American Educational Research Association and published by Sage. It can be found at: http://aer.sagepub.com/content/50/6/1249.
  • Keywords: historical analysis, textual analysis, bilingual, race, bicultural, legal, law, equity
Resource Type
DOI
Date Available
Date Issued
Citation
  • Thompson, K. D. (2013). Is Separate Always Unequal? A Philosophical Examination of Ideas of Equality in Key Cases Regarding Racial and Linguistic Minorities in Education. American Educational Research Journal, 50(6), 1249-1278. doi:10.3102/0002831213502519
Journal Title
Journal Volume
  • 50
Journal Issue/Number
  • 6
Academic Affiliation
Rights Statement
Publisher
Peer Reviewed
Language
Replaces

Relationships

Parents:

This work has no parents.

Items