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  • A Response to Marja Heimonen, “Justifying the Right to Music Education”
  • Hermann J. Kaiser

First of all I would like to thank Marja Heimonen for her paper on a central problem not only for music education as practice but also for the theory of music education. She gives a very clear and convincing answer to a permanently irritating question: How do we justify music education within an ensemble of competing subjects struggling to get a place within the school curriculum. And she does it in a rather uncommon way, that is, by means of legal philosophy. I think her arguments provoke several questions worthy of serious discussion. Some of these questions I shall try to indicate.

The first question relates to the right to (music) education. Referring to the Nordic countries she states, "Their legal systems are based on enacted acts and statutes not only protecting the citizens against criminal acts but also securing their rights to receive a certain amount and standard of services the state is obliged to provide" and she continues: "Education is one of the basic rights in Nordic societies." I am interested very much in the wording by which these constitutions declare the right to education respectively to music education. The German constitution, for example, says only, but very bluntly that the entire schooling system stands under control of the state. That means, in connection with compulsory schooling, education at school means no right but a compulsion. (I shall come back to this point later.)

The second question relates to the issue of internal versus external goods or instrumental versus self-justifying aims. In her attempt to justify music education Heimonen makes a distinction between internal and external goods, instrumental and self-justifying aims. I wonder if this distinction—though it is very common in theories of action and of value—really refers to different facts; perhaps [End Page 213] it is only a difference in perspectives. I will transform this problem into a question thus: Are aims and values emphasizing a person's well-being really not instrumental with regard to this person? The well-being aims look to me to be necessarily connected to self-justifying aims. Aims, values, activities, facts, situations, and so on, generating well-being, are always instrumental with regard to a person's well-being. What else should they be?

On the other hand, are so-called external goods and instrumental aims not self-justifying aims as well, again from the point of view of the person concerned? Are not aims which favor the training of a future professional (so called instrumental aims) self-justifying with regard to this person since they contribute very much to his or her well-being? Thus music educators should not hesitate to demonstrate the real individual, social, economical, and so on, benefit of music education to the society concerned very energetically.

The third question arises around the implicit theories of the teacher, the school, and the function of music education as set forth by Heimonen in her paper. Heimonen compares the structure of the (music) teacher's situation with that of a judge. She says:

The judge has to operate between the tensions of different interests in the framework of the law consisting of written regulations and the tradition of previous cases that have been solved. . . . The judge works within a "legal puzzle" just as the music teacher operates in a "musical puzzle": both of them have to think holistically as they try to achieve the best possible solutions in a particular situation, and both of them have to act innovatively and creatively in their practice.

Here the question arises as to whether the "musical puzzle" is really the corresponding moment to the "legal puzzle" or whether it is the "music-pedagogical puzzle." I think it is the latter. But the teacher does not have—like the judge "his" legal system—a framework of written regulations and he never is in the situation just to apply rules on different cases. That is to say, one cannot reduce educational activities to making decisions on the basis of right or wrong, good or bad. But even if one would acknowledge an identical structure of the...

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