Exploring Legal Frameworks in Education: A Look at the Restatement (Second) of Contracts

The Importance of Integrating Legal Concepts in Education

A prominent pedagogue once said that “without educational research, no pedagogy has a leg to stand on.” While this notion is somewhat extreme in its characterization of the academic community, it nonetheless yields an essential truth: current academia must grapple with integrative concepts from a variety of disciplines to form cohesive and meaningful approaches to education. However, it is the usage of integrative ideas in one academic discipline-in particular, law-that often challenges pedagogical method, as it does not readily lend itself to the standards of STEM fields. For this reason, students and educators alike must consider not only the merits of inter-disciplinary learning, but also examine exactly how comprehensive legal descriptions might provide the backbone for a more cohesive approach to academic course design. Indeed, from a technical standpoint, pedagogues might view “restatement (2d) of contracts” as a dry, uncomfortable topic-it lacks the sociological or philosophical value many experts look for. However, it may be worthwhile for educationalists to disregard these notions in their entirety, as “restatement (2d) of contracts” not only provides deeply engaging examples, but also offers access to supplemental materials that may enhance comprehension of even the most difficult educational topics.

On a basic level, the restatement (2d) of contracts may be understood as a condensation of contract law into a ‘readable’ format. That is to say, while courts and legislatures typically speak in technical jargon and nuanced legal terminology, it is difficult for laymen, students, and even legal scholars to understand the law to any practicable degree. Indeed, understanding the law in its most basic form requires a sustained level of training (i.e. law school) which essentially guarantees any layman’s understanding will be limited to the boundaries of their personal experience. In particular, most people deal with contract law only once or twice in their lives, when purchasing a home or entering into a business transaction. In the few moments one dedicates to analyzing these forms of law, then, the focus remains only on relevant sections of what is usually hundreds of pages of text. Without comprehensive guides such as the restatement (2d) of contracts, many laymen would never become familiar with the law at all.

Given this background, it should come as no surprise that legal discussions do not often come up in educational discourse. However, at a time when educators strive to develop students into more socially aware, well-rounded citizens, the concept of inter-disciplinary education requires a reassessment. Indeed, when educators integrate not only lessons from the social sciences, but also from the law, they foster an environment where students take personal responsibility for their education and actively look for signs of real world application. The result of this approach is, quite simply, a more competent student body. Consider, for instance, a classroom that begins each lesson by recognizing “restatement (2d) of contracts” as an essential tool in our daily lives. As students hear about these concepts in a variety of ‘everyday’ experiences, they begin to form simple, meaningful connections between what they learn, and how it might apply to real life. Readers can think back to the last time they entered into a mortgage or signed leases over the years; without realizing it, most people enter into legally binding agreements and assume that they must abide by the terms without ever even asking what those terms mean, or how they might alter the course of their lives. Ultimately, however, exploring the concepts behind “restatement (2d) of contracts” demonstrates how educators can integrate any subject into their lessons using compatible frameworks from contract law. Further, it shows how a scholar can enhance their understanding of a particular topic by remaining connected with relevant areas of the law-which in turn, enhances the credibility and intellectual rigor of the course.

Ultimately, we live in interesting, often difficult, times. As scholars push for a more connective approach to educational discourse, it is perhaps worthwhile that they consider how the law can impact their pedagogy and create a more cohesive experience. By broadening one’s focus to include legal principles, educators encourage personal responsibility within students and allow them to take an active role in the development of their coursework. Ultimately, this method proves not only beneficial to students, but also to educators who have a vested interest in helping their students succeed.