著者

佐藤 晋平

出版者

東京大学大学院教育学研究科学校開発政策コース

雑誌

東京大学大学院教育学研究科教育行政学論叢 (ISSN:13421980)

巻号頁・発行日

vol.30, pp.19-34, 2011-03

---

Education Law has some features which make it very special. Those features are derived from the fact that Education Law has deep relation with things. Things exist in the world de facto. But law is norm. Despite these differences, law desire to have this relation strongly in the territory of Education Law. There are the two ways in which Education Law has relation with things. Firstly, law don't restrict the world of things; educational practices. Practices are free but this situation is given by law. Some type of freedom about education is stipulated by law in Japan. Secondly, there is a case that Education Law has very deep relation with things, and it is independent from any other law, even the constitution. This situation is explained by some jurist that for securing the special functions and meanings of education, it is important that Education Law refer to Natur der sache as possible as it can. In this case, Education Law is controlled only by "Nature" of educational practices, so the relation between Education Law and whole juridical system get tense. Michel Foucault explained that his idea of Discipline Power and law make relations of complicity, contrariety and encroachment. He described school as the room filled with Discipline Power. On the one hand, this is the reason of that educational practices are liberated from restriction by law. But the other hand, Education Law is aimed at disciplining children positively in Japan, so Discipline Power encroach on law. It works upon bodies; things. It makes relations in the world de facto. Education Law's special feature, which is having tension with juridical system, is made by Discipline power.