著者

渡邊 孝三

出版者

日本教育行政学会

雑誌

日本教育行政学会年報 (ISSN:09198393)

巻号頁・発行日

vol.22, pp.207-217, 1996-09-27 (Released:2018-01-09)

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1. Research in educational laws and disputation on 'The course of study' After World War II in Japan, a new educational system was founded based on laws focused on the principle of educational freedom. Research in educational laws was undertaken about the new educational system's laws. At that time the Ministry of Education declared that 'the course of study' is a reference book for curriculum organization because of the principle of educational freedom. In 1955, the Ministry of Education disputed that the course of study are legal standards for curriculum organization. But I wrote that the course of study is only a private document by copyright law, and I continued to note that the course of study should be a public announcement by the Government, if the course of study was to have legality for a curriculum organizational standard in my paper of May 1956. The Ministry of Education then legislated the course of study by ministerial order in 1958. 2. Educational war and development of research in educational laws Opposition in the right wing to the left wing in the world, extended to political and educational ideals being in opposition in Japan. The Japan Teachers Union (JTU) as a labor union became left. The late Prof. Seiya Munakata instructors of JTU, his schools and Prof. Masashi Kaneko supplied leftist educational administrational theory to JTU. Kaneko especially contributed to the establishment of jurisprudence. His theory contributed to JTU's educational, labor and political movement, by his theory as 'the order of nature (Natur der Sache) theory' in some of his books. The JTU disputed the administrative actions of the Educational Ministry. These opposing situations have been generally called the 'educational war'. Research in educational laws developed in this educational war takes the position of a theory as legal positivism in my research. Moreover, Munakata and his schools obstructed entablishment of the JEAS for many eyars, but the JEAS was established at last in 1966. 3. Research in lawful educational principles Therefore, is opposition in the order of nature part of theory, especially legal positivism. Why are these two theories the opposite of each other ? These are the basic subjects for research in educational laws. The first subject is the general principle of educational laws. The second subject is the relation of human nature to educational laws. I wrote some books about these subjects. 4. Invitation to research in the principles of educational laws Up to this time, we had research in educational laws by some methods of jurisprudence. Now we should do research in the principles of the educational laws. Then, as a research method should also be a philosophical method and the research is done so that we can get to the fundamentals of educational laws.