Tension at Heart: Human Dignity, Rule of Law, Universities, and Free and Fair Democracy
Year: 2026
Type: article
Abstract: American universities have always reached beyond knowledge development. They are constituted through and often defenders of rights central to free and fair democracy. This article makes a novel case for reinvigorated commitments to democratic civic education, including a normative commitment to the dignity of all persons that is institutionalized through equality before the law. The analysis cuts through contemporary pieties of the left and right. The focus is US higher education, including relationships with governments, law, policy, and civil society, proceeding in six significant sections. After defining key terms and the plan of this paper, I clarify the relatively recent innovation of rights and their absence around the world. Rights are foundational for free and fair democracy. I then review critical moments among state, civil society, the rule of law, and higher education across US history, demonstrating that values commitments are essential to establishing basic freedoms for a functioning democracy. The legal and cultural architecture of the rights tradition also undergirds sacred ideals in higher education, including academic freedom and institutional autonomy. That analysis leads to two highly contested issues—national security and policing—to suggest how contemporary institutional patterns undermine progress on critical university goals: deepened insight and/or principled disagreement. Evidence indicates courses related to policing and its critiques are siloed within curricula, student self-selection and institutional socioeconomic sorting undermine potentially related democratic dialogue, and both connect to position campus discourse out of step with marginalized communities. These issues intersect with a key point of this article: individual rights and the formal, legal embrace of shared dignity require government entities. In the final sections, I focus on institutional-level recommendations for civic education that expands commitments to human dignity and the rule of law within a free and fair democracy.
Source: Laws
DOI: 10.3390/laws15040099
Author: Eric Hartman
Language: English
Topic: Legal Issues in Education
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
Estimated APC paid: $1,689
OpenAlex ID: W7203884738