In “Formalism Over Function: Compulsion, Courts, andthe Rise of Educational Formalism in America, 1870-1930”, Ethan L. Hutt suggests that the compulsory schooling laws adopted in the late 19th and
early 20th centuries in the United States transformed the
way judges in state courts thought about education. Prior to the full implementation of these laws
the emphasis in judicial decisions was on what children learned and education
was treated as being synonymous with learning. The full implementation of the
laws, however, coincided with an extraordinary narrowing of the conception of
what counted for education – basically, limiting it to a formalistic idea that
only what happens in a certain location – a school, which could provide
certainty and order - could be education. If this is true and given the great importance of legal thought in American life, is it likely that this change was limited to judges?
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