教育基本法要綱案の成立過程と教育基本法の立法意図
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概要
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This thesis aims at clarifying the purpose of the legislation of the Fundamental Law of Education through examinining the process leading to its draft of 21. September 1946. There are now two contending hypotheses concerning who initiated the enactment of the Fundamental Law. One infers Minister Kotaro Tanaka as an initiator, the other Jiro Tanaka, Professor of Tokyo Imperial University. So as to give an answer to this undecided question, we should focus on the relation among the three organizations responsible for the educational reform after the World War II: Minstry of Education, Civil Information and Education Section (CIE) of GHQ and Japan Education Reform Committee (JERC). The opposition of Ministry of Educaiton and CIE came to be revealed with reference to the following two issues: the treatment of the Imerial Rescript of Educaiton and the plan of educational administration system. Minister Kotaro Tanaka justified the Rescript from the viewpoint of natural law, where as CIE regarded the virtues prescribed in the Rescript as feudal and irrational concepts. The edcuational administration system planned by Ministry of Education was opposed to the plan which United States Education Mission to Japan suggested in its report of March 1946. CIE came to recognize these oppositions as resulting from the difference of the fundamental principles between Minister Tanaka and CIE. Thus the summit meeting of Ministry of Education, CIE and JERC was held on 4. September 1946, in order that CIE could control the movement of Ministry of Education and ensure the autonomy of JERC, in which CIE put full confidence. In the eye of CIE, the result of the summit meeting was successful; The three organizations agreed to ensure the autonomy of JERC, and reached a consensus on the foundation of a steering committee, which would be available to control the movement of Ministry of Educaiton. But the result of the meeting seemed something different to Minister Tanaka. Close to the end of the meeting he made a noteworthy remark, which was overlooked, or at least underestimated in the precedent researches on the Fundamental Law of Educaiton. Minister Tanaka thought that a thorough discussion would be required in order to get the best reform plan, and declared that the Ministry would draw up its own plans based on its different principles. There is no doubt that he expected the thorough discussion to be held in the meetings of JERC. Thus the draft of the Fundamental Law of Educaiton was drawn up at the initiative of Kotaro Tanaka, in order that Minisry of Educaiton could show its own plan concerning the fundamental principles of educaiton. As a result, the unique ideas of Minister Tanaka were reflected in this draft. His ideas can be characterized as "truth-centric" humanism, which we can confirm especially in three articles of the draft of the Fundamental Law of Educaiton. Among them Art. 1 prescribes the aim of education as "the pursuit of truth and the consummation of personality", and this prescription typically shows his truth-centric humanism.
- 長崎純心大学・長崎純心大学短期大学部の論文
- 2004-03-01