The meaning of religious education in English legislation from 1800 to 2020

Abstract

The importance of key legislation in framing religious education in England is widely assumed, and indeed some argue that these Acts–of 1870, 1944 and 1988–demarcate pedagogical phases, or paradigms. Policy and historical analyses have revealed the political and social disputes around legislation, but often conflate legislation with other policy. This paper reassesses the statutory meanings of ‘religious education’ through a textual analysis of legislation from 1800 onwards, exploring: the positive entitlement to religious education; the negative freedom not to be subjected to other forms of religious education; curriculum specifications. Sixty-five Acts were reviewed. Presented chronologically, the analysis shows that: the term has a long and varied development that predates compulsory education; several neglected Acts have been pivotal in shaping the subject–notably in 1841, 1869 and 1936; religious education is continuously a marker of religious autonomy for individuals and increasingly for schools, and its curricular use stems from this; the newest related terms are for inspection purposes. The implications are discussed for accounts of the subject, curriculum development and further research, both in England and more widely.