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Education Law

2012

Chicago-Kent College of Law

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The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen Dec 2012

The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen

All Faculty Scholarship

This Article draws upon, but reworks, John Rawls’ framework from Political Liberalism to determine the degree of educational autonomy that illiberal perfectionist religious groups ought to enjoy in a liberal state. I start by arguing that Rawls mistakenly concludes that political liberalism flatly cannot accommodate Perfectionists, and that his misstep is attributable to two errors: (1) Rawls utilizes an overly restrictive “political conception of the person” in determining who participates in the original position, and (2) Rawls overlooks the possibility of a “federalist” basic political structure that can afford significant political autonomy to different groups within a single country. With …