W.ポーリヒカイトの「子どもの教育への権利」論 : 子ども、親、国家、そして社会

概要

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In this paper, the writer has attempted to clarify the theory of the Children's Right to Education (das Recht des Kindes auf Erziehung) by Wilhelm Polligkeit. Polligkeit, who was a drafter of Reichsgesetz fur Jugendwohlfahrt (RJWG) discussed the Children's Right to Education in the perspective of relations among children, parents, and state. In das burgerliche Gesetzbuch (BGB), the infringement on the interest of children was judged only when parental power was abused, and intervention by state was very restricted. But Polligkeit thought that children's interests was infringed not only by parent's bad behavior (abuse of parental power) but also by social relations, and that state had to ptotect children from such relations. In this respect, Polligkeit discovered 'society' as a legal concept for the children's right to education. Of course, this idea of 'society' needed a new legal principle, so Pollikeit would draft RJWG in order to create this new principle.
長崎国際大学の論文
2004-01-31