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Student Moral Development
Educators expect students to recognize and respect legal boundaries in higher education environments. Yet, sometimes educators are not prepared to understand how the complexity of students' reasoning abilities may lead to questionable or unacceptable behaviors. Moral development theories, such as those of Jean Piaget, Lawrence Kohlberg, and Carol Gilligan, explore patterns of moral judgments made by individuals that can result in moral actions. These judgments and actions are situated in cultural contexts that hold, whether implicitly or explicitly, expectations and values that are developed over time with increasing experience. To be specific, researchers on moral development suggest that conceptions of what is “right,” and their potential legal ramifications, often shift from simplistic to more sophisticated as individuals interact with the world and face the challenges of dealing with conflicting information.
Better understanding these patterns of the development of moral judgment can help educators to respond to student behaviors in ways that are based on individual student perspectives and needs while maximizing their learning experiences. This entry provides basic information about major theories that are relevant to college students' moral development, ways in which these ideas can contribute to educators' understanding of how students may interpret and act on policies and the law, and implications for higher education practice.
Theoretical Background
Jean Piaget
The study of moral development originated in the work of Jean Piaget, the cognitive psychologist often credited with creating stage-based theories of intellectual and moral growth in children that served as a springboard for many to follow. Piaget's study of the moral judgment of children involved examining the “practice and consciousness of rules” (1948, p. 4) that they employed when playing a game of marbles. Piaget's premise was that children actively construct and reconstruct reality based on experiences that call into question their current understanding of reality. According to Piaget, the framework of this sense-making changes qualitatively as new information that does not fit the current reality requires an adjustment in the framework. This progression of cognitive “structures” or modes that individuals use to reason about the world consistently across contexts is often believed to be at the center of human intellectual development, and it became the hallmark of Piaget's contributions to psychology.
Lawrence Kohlberg
Lawrence Kohlberg, in the tradition of Piaget, sought to investigate moral thinking through longitudinal studies with adolescent, mostly male, boys and adults. Kohlberg assessed moral development by asking participants to settle hypothetical moral dilemmas such as the now-classic “Heinz” scenario. In this story, individuals were asked to decide whether Heinz, whose wife was dying of a terminal illness, should have stolen a drug that may have cured his wife's condition. The scenario offers the fact that the local druggist who discovered the medicine had charged several times his cost and that Heinz had been able only to raise a portion of the needed funds. Reactions to this dilemma allowed Kohlberg to focus on how respondents came to resolutions. He viewed this process of reasoning as more important than the solution itself in the investigation of cognitive or moral development.
Kohlberg's (1976, 1981) theory of moral reasoning concluded that individuals undergo development in a three-level, six-stage sequence. Kohlberg labeled Level 1 as “preconventional”; its two stages describe individuals making moral judgments based on following rules, avoiding punishment, and finding what is “fair.” The difference between the two stages in this level is that in Stage 1, deference is given to authorities to dictate what is “right,” while in Stage 2, the individual recognizes that everyone may not agree on what is right and bases decisions on self-interests. At this level, rules and expectations are viewed as external to self. Level 2, named the “conventional” level, also has two stages. Stage 3 involves concern for doing what is considered characteristically “good” and having motives that appear acceptable to others. In Stage 4, the society within which individuals live and the rules within them, the larger social order, become priorities. In this level, the self has internalized the rules and expectations of others at this level. Finally, Level 3, also known as the “postcon-ventional” level, contains Stages 5 and 6. In Stage 5, human rights, based on social agreements resulting from a democratic process, are paramount. Stage 6, viewed as a more theoretical stage, because Kohlberg found little evidence to support its existence, hinges on individuals committing to justice by supporting the spirit of “universal principles” that should apply to everyone and every situation. This level involves individuals mediating between self-chosen and others' rules and expectations to make informed judgments.
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- Cases in Higher Education Law: Affirmative Action and Race-Based Admissions
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- Board of Curators of the University of Missouri v. Horowitz
- Board of Regents of State Colleges v. Roth
- Keyishian v. Board of Regents of the University of the State of New York
- Kimel v. Florida Board of Regents
- Knight v. Board of Regents of the University of the State of New York
- Lehnert v. Ferris Faculty Association
- National Labor Relations Board v. Yeshiva University
- Perry v. Sindermann
- Regents of the University of Michigan v. Ewing
- Slochower v. Board of Higher Education of New York City
- Sweezy v. New Hampshire
- Urofsky v. Gilmore
- Cases in Higher Education Law: Finance and Governance
- Cases in Higher Education Law: Gender Equity
- Cases in Higher Education Law: Religion and Freedom of Speech
- Board of Regents of the University of Wisconsin System v. Southworth
- Bob Jones University v. United States
- Healy v. James
- Hunt v. McNair
- Locke v. Davey
- Papish v. Board of Curators of the University of Missouri
- Roemer v. Board of Public Works of Maryland
- Rosenberger v. Rector and Visitors of the University of Virginia
- Tilton v. Richardson
- Widmar v. Vincent
- Concepts, Theories, and Legal Principles
- Academic Abstention
- Academic Dishonesty
- Academic Freedom
- Affirmative Action
- Catalogs as Contracts
- Conflict of Commitment
- Conflict of Interest
- Copyright
- Disparate Impact
- Due Process, Substantive and Procedural
- Educational Malpractice
- Equal Protection Analysis
- Ex Corde Ecclesiae and American Catholic Higher Education
- Fair Use
- Hate Crimes
- Intellectual Property
- Student Moral Development
- Tax Exemptions for Colleges and Universities
- Tenure
- U.S. Supreme Court Cases in Higher Education
- Zoning
- Constitutional Rights and Issues
- Affirmative Action
- Age Discrimination
- Bill of Rights
- Civil Rights Movement
- Disciplinary Sanctions and Due Process Rights
- Disparate Impact
- Drug Testing of Students
- Due Process, Substantive and Procedural
- Eleventh Amendment
- Equal Protection Analysis
- Federalism
- Fourteenth Amendment
- Fourth Amendment Rights of Faculty
- Fourth Amendment Rights of Students
- Free Speech and Expression Rights of Students
- Hate Crimes
- Hostile Work Environment
- Loyalty Oaths
- Political Activities and Speech of Faculty Members
- Privacy Rights of Faculty Members
- Privacy Rights of Students
- Religious Activities on Campus
- Sexual Harassment of Students by Faculty Members
- Sexual Harassment, Peer-to-Peer
- Sexual Harassment, Quid Pro Quo
- Sexual Harassment, Same-Sex
- Sexual Orientation
- Sports Programming and Scheduling
- State Aid and the Establishment Clause
- Student Press
- Title IX and Athletics
- Title IX and Retaliation
- Title IX and Sexual Harassment
- Unions on Campus
- Faculty Rights
- Governance and Finance
- Academic Dishonesty
- Age Discrimination in Employment Act
- Boards of Trustees
- Catalogs as Contracts
- Cheating and Academic Discipline
- Collective Bargaining
- Conflict of Commitment
- Conflict of Interest
- Crime Awareness and Campus Security Act
- Due Process Rights in Faculty and Staff Dismissal
- Equal Pay Act
- Extracurricular Activities, Law, and Policy
- Family Educational Rights and Privacy Act
- Grading Practices
- Graduation Requirements
- Hazing
- Hostile Work Environment
- Loans and Federal Aid
- Personnel Records
- Sports Programming and Scheduling
- Student Press
- Tenure
- Unions on Campus
- Organizations and Institutions
- American Association of University Professors
- American Association of University Women
- Association for the Study of Higher Education
- Boards of Trustees
- Community or Junior Colleges
- Education Law Association
- Equal Employment Opportunity Commission
- Historically Black Colleges and Universities
- National Association of College and University Attorneys
- National Collegiate Athletic Association
- Proprietary or For-Profit Colleges and Universities
- Religious Colleges and Universities
- Single-Sex Colleges
- U.S. Department of Education
- Unions on Campus
- Primary Sources: Excerpts from Landmark U.S. Supreme Court Cases
- Berea College v. Kentucky
- Board of Curators of the University of Missouri v. Horowitz
- Board of Regents of State Colleges v. Roth
- Board of Regents of the University of Wisconsin System v. Southworth
- Cannon v. University of Chicago
- DeFunis v. Odegaard
- Gratz v. Bollinger
- Grove City College v. Bell
- Grutter v. Bollinger
- Healy v. James
- Hunt v. McNair
- Keyishian v. Board of Regents of the University of the State of New York
- Lehnert v. Ferris Faculty Association
- Locke v. Davey
- McLaurin v. Oklahoma State Regents for Higher Education
- Mississippi University for Women v. Hogan
- National Labor Relations Board v. Yeshiva University
- Papish v. Board of Curators of the University of Missouri
- Perry v. Sindermann
- Regents of the University of California v. Bakke
- Regents of the University of Michigan v. Ewing
- Rosenberger v. Rector and Visitors of the University of Virginia
- Rumsfeld v. Forum for Academic and Institutional Rights
- Southeastern Community College v. Davis
- Sweatt v. Painter
- Sweezy v. New Hampshire
- Tilton v. Richardson
- Trustees of Dartmouth College v. Woodward
- United States v. Virginia
- University of Pennsylvania v. Equal Employment Opportunity Commission
- Religion and Freedom of Speech
- Academic Freedom
- Civil Rights Act of 1871, Section 1983
- Due Process, Substantive and Procedural
- Ex Corde Ecclesiae and American Catholic Higher Education
- Federalism
- Free Speech and Expression Rights of Students
- Religious Activities on Campus
- Religious Colleges and Universities
- Religious Freedom Restoration Act
- State Aid and the Establishment Clause
- Student Press
- Statutes
- Age Discrimination in Employment Act
- Americans with Disabilities Act
- Civil Rights Act of 1871, Section 1983
- Civil Rights Act of 1964
- Civil Rights Restoration Act of 1987
- Clery Act
- Crime Awareness and Campus Security Act
- Digital Millennium Copyright Act
- Equal Educational Opportunities Act
- Equal Pay Act
- Family and Medical Leave Act
- Family Educational Rights and Privacy Act
- Higher Education Act
- Immigration Reform and Control Act
- Morrill Acts
- National Labor Relations Act
- Rehabilitation Act, Section 504
- Religious Freedom Restoration Act
- Stafford Act
- Tax Exemptions for Colleges and Universities
- Title IX and Athletics
- Title IX and Retaliation
- Title IX and Sexual Harassment
- Title VI
- Title VII
- Student Rights and Welfare
- Academic Dishonesty
- Assistive Technology
- Cheating and Academic Discipline
- Cyberbullying
- Disciplinary Sanctions and Due Process Rights
- Disparate Impact
- Drug Testing of Students
- Extracurricular Activities, Law, and Policy
- Fourth Amendment Rights of Students
- Free Speech and Expression Rights of Students
- Grading Practices
- Graduation Requirements
- Hate Crimes
- Hazing
- Loans and Federal Aid
- Privacy Rights of Students
- Sexual Harassment of Students by Faculty Members
- Sexual Harassment, Peer-to-Peer
- Sexual Harassment, Quid Pro Quo
- Sexual Harassment, Same-Sex
- Sexual Orientation
- Sports Programming and Scheduling
- Student Moral Development
- Student Press
- Student Suicides
- Student Teachers, Rights of
- Video Surveillance
- Technology
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