Revisiting the right to education:A methodological analysis based on the"bundle of reasons"
To the question"what is'the right to education',"the existing methodological approaches to"the right to education"have failed to provide an effective response.The definition of"the right to education"by descriptive methodology lacks differentiation and universality,while the definition by evaluative methodology renders"the right to education"fall into the trap of legitimacy due to its inability to tackle the instability of educational values.In this regard,on the basis of the theory of reasons,the right to education can be considered"claims"attached to"a bundle of reasons."Based on the judgements of the European Court of Human Rights,in this"bundle of reasons",self-fulfillment is the primary intrinsic reason,equal access to education is the secondary intrinsic reason,and state intervention and other reasons are extrinsic reasons.The primary and secondary intrinsic reasons of the right to education belong to the legislative sphere,and are assigned to the judicial sphere as the extrinsic reasons cannot be exhausted legislatively.
the right to educationthe European Court of Human Rightsmethodologya bundle of reasonstheory of rights
万方数据
