著者

永田 照夫

出版者

The Japanese Association of Sociology of Law

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.1972, no.24, pp.84-107,241, 1972-03-30 (Released:2009-04-03)

参考文献数

16

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This is a study from the standpoint of sociology of law, of controversial points in about twenty among the many issues of partial or deflected education pointed out in elementary and secondary teaching and guidance everywhere in the past ten years. Some twenty cases picked up here are those of which the author has had opportunities to read the reco ds and materials at first hand.The standard of the existing laws most directly leading to the issues of partial or politically colored education in the strictest sense is the regulation of Article 8, Item 2 of the Fundamental Law of Education that states:“The schools prescribed by law shall refrain from political education or other political activities for or against any specific political party.”When parents and local influential people point out as partial or politically colored education, however, they often argue over trifles or dealings of political problems in controversy in present-day Japan. Therefore, the standards and definition of partial education are vague and unclear. Moreover, in those cases, they often try to solve the problems politically and administratively by direct suit to the local Boards of Education or local legislatures, rather than by educative method of discussions in the school.Responses of Boards of Education to these cases vary, but in general, they are compromising and at times they make use of these tendencies of parents and the influentials.When the cases lead to legal punishment, they are dealt with variously as violation of Article 32 of the Local Public Service Law (the duty to obey laws and superior officers' orders) or of the Personnel Authority Regulations (on political actions) or of the Courses of Study or as deviation from textbooks or as not using textbooks, rather than as violation of Article 8, Item 2 of the Fundamental Law of Education.Most of these cases have been given great publicity by mass communication and have come to present educational, legal and social problems peculiar to present-day Japan.These cases are, for the part of elementary and secondary school teachers, clear examples which show that freedom of education, and freedom of teaching in particular, are not guaranteed. This raises an important problem for teachers on the guarantee of professional freedom, but this is only one of the many difficult and complicated problems concerning partial or deflected education yet to be solved between parents and teachers, and between local communities and schools and teachers and teachers' unions.