The specific law I intend to explore from a sociology of law viewpoint involves the right to education, emphasizing its implementation in a particular national context, such as the U.S. Education is a fundamental human right, which serves as a critical element to raising men and women out of poverty, level disparities, and ensure sustainable growth. Therefore, the right to education becomes a fundamental human right acknowledged internationally under different conventions and treaties. For instance, Article 26 of the Universal Declaration of Human Rights provides that every individual has the right to education (Cataldi, 2020, 104). This means education shall be compulsory, at least in the elementary and fundamental stages. Technical and professional education shall be made generally accessible, and higher education shall be equally available based on merit. Despite its acknowledgment, realizing such rights can differ significantly across different socio-political contexts. This essay provides a transparent background on how I intend to study the right to education from a sociology of law perspective.
Research problem and research question(s)
The problem I intend to address is the sociological investigation of the implementation of the right to education in the U.S., emphasizing the social factors that impact access to quality education and its effect on different social groups. Based on research, other socioeconomic factors, including parent’s level of education, family income level, adequacy of learning and teaching materials, or resources and occupation, all impact the quality and accessibility of education and the capability of education to improve individuals’ life circumstances (Dill, 2022, 50). For instance, lower-income students need more resources to support their educational opportunities than those from higher-income backgrounds. Moreover, factors such as discrimination have also had a more significant impact on education. When specific groups or people are given different opportunities or access to education, such events can limit their ability to realize their educational goals. Other factors include social background influences, such as race/ethnicity and limited English proficiency.
Research Questions
- What could be the primary social factors that impact access to quality education in the U.S.?
- How do such social influences contribute to inequalities in educational outcomes among different social groups?
- What are the mechanisms through which socioeconomic position, race, and other social determinants interconnect with the right to education in the U.S.?
These questions are ideal for responding to my research problem since they enable a nuanced investigation of the sociological dynamics fundamental to the enactment of the right to education in the U.S. They carry different aspects of the research problem, such as the identification of social influences limiting access to education, understanding inequalities in educational results in other social groups, and exploring the contexts through which social determinants interconnect with the right to education (Dill, 2022, 50). Addressing these questions can shed light on the significant insights for legislators, teachers, and advocates trying to address educational disparities in the country.
Theoretical approach
For this exploration, I would utilize a critical sociology of law approach. This sociological approach is primarily practical and offers the connection between society and its people and groups with the law. Critical sociologists established a viewpoint of law as a tool of power (Lingard, 2021, 345). In this case, I aim to examine the right to education as a social institution embedded in power relations and societal contexts. Such understanding allows for exploring how education laws and guidelines replicate and prolong prevailing social disparities and power dynamics (Lingard, 2021, 347). By examining the application of the right to education through a critical lens, I will discover how legal structures lead to inequalities in accessing quality education among different social groups. Such an approach allows a profound comprehension of the structural obstacles affecting awareness of the right to education for disregarded communities, shedding light on the multifaceted interplay between law, social hierarchies, and disparities in educational outcomes.
Moreover, I will integrate Pierre Bourdieu’s theory of social reproduction in my exploration of the rights to education in the U.S. Social reproduction model argues that the social structure of disparity results from the unequal distribution of resources (Farid et al., 2021, 297). Such disparity spreads across generations as a result of the approaches that agents utilize to preserve and improve their relative positions in the social space within society. Therefore, this model highlights the impacts of cultural and social capital in spreading societal hierarchies and disparities, especially in the education system (Farida et al., 2021, 299). By drawing on such an approach, I will clarify how inequalities in access to education and educational results are shaped by the unequal distribution of cultural and social capital in different social groups in the U.S. Such a theoretical approach offers an understanding of the context through which structural inequalities are spread across generations, hence informing an exploration of the barriers that limit the acknowledgment of the right to education for disregarded people and communities.
Method and Material
This study will focus on qualitative research strategies, such as interviews and ethnographic observations. Such approaches would help gather detailed data concerning the lived experiences of people in the education system and the broader social settings shaping access to education (Tavory, 2020, 452). An ongoing consent will be considered to continuously inform participants of the research and address any fears or distress raised by participants.
Interviews
I will interview learners, parents/guardians, educators, school administrators, policymakers, and other shareholders involved in the education system. Such interviews offer insights into their understanding of the challenges and obstacles to accessing quality education and the role of socioeconomic status, race, and other social influences.
Ethnographic observations
I will observe the school and educational environment to understand the routine practices and interactions contributing to educational disparities. This could include keeping classroom dynamics, educator-learner interactions, and school policies.
Policy documents and reports
I will also examine educational reports, policies, and data from government and NGOs to comprehend the structural factors limiting the employment of the right to education within the society.
Academic literature
I will utilize the reviews of existing sociological studies, theoretical frameworks, and legal analyses related to the right to education and educational disparities.
In conclusion, this sociological exploration concerning implementing the right to education in the U.S. demands a considerate and complex approach. By exploring different theoretical approaches, including critical sociology of law and social reproduction theory, this study will shed light on how legal frameworks might spread existing social disparities in the education system. Qualitative research approaches, including interviews and ethnographic observations, will help explore the complex interplay of social influences to access education. Uncovering the structural barriers limiting the recognition of the right to education will help understand the significance of addressing systemic disparities to ensure just access to quality education for all.
References
Cataldi, G., 2020. Introduction to the Universal Declaration of Human Rights. europa ethnica-Zeitschrift für Minderheitenfragen, 76(3+ 4), pp.102-108.
Dill, D., 2022. Access and inequality in US higher education: Policy issues. Equity Policies in Global Higher Education: Reducing Inequality and Increasing Participation and Attainment, pp.47-70.
Farid, S., Abbasi, S.U.R.S. and Mahmood, Q.K., 2021. Modelling Bourdieusian social reproduction theory. Social Indicators Research, 157, pp.297-333.
Lingard, B., 2021. Multiple temporalities in critical policy sociology in education. Critical Studies in Education, 62(3), pp.338-353.
Tavory, I., 2020. Interviews and inference: Making sense of interview data in qualitative research. Qualitative Sociology, 43(4), pp.449-465.
write