Constitutional Law and Philosophy of Law

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Do "values" mean anything at all? Implications for law, education and society
(Faculty of Law, University of the Free State, 2008-06) Benson, Ian T.
English: The term "values" is ubiquitous in modern discourse. It is held by many to embody high and noble aspirations that can be shared meaningfully. Often preferred to other terms, such as "virtues", however, values can be seen as creating an illusion of moral meaning rather than conveying something substantive and worthy of pursuit. This paper reviews scholarship that examines the term "values," particularly in relation to law and education , and suggests that the term is one that obfuscates rather than furthers clarity of meaning and that does, in fact, tend in a subjective and individualistic direction contrary to the best interests of citizenship in a free and democratic society. The article argues that the concept of "values" itself, and programmes relating to such things as "values clarification" should not form the basis of education in and for a free and democratic society. An understanding of the nature and history of "virtues" as a tool for public education is argued for, and an extensive bibliography on "values" and "virtues" included.