「学制」(明治五年)をめぐる「受益者負担」論議(山川偉也教授退任記念号)

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This paper discusses the following seven points concerning the appropriateness of the accepted theory that the educational finance policy of Gakusei (modern Japan's first educational system ordinance, passed in 1872) was based on "beneficiary charges". 1. Some researchers have criticized that it is ahistorical to apply the contemporary concept of "beneficiary charges" to the philosophy of Gakusei. However, Adam Smith had already developed the concept in his "The Wealth of Nations" (1776), and applied it to education. 2. The legal meaning of the term "beneficiary charges" comprises the following two points: (1) in the case that a particular individual gets a special benefit through his quasi-public service, (2) the government may let that individual pay the cost (or a part of it) within the limits of the special benefit. 3. The preface to Gakusei has the philosophy that "learning and schooling" are for individual benefit, so individuals should not depend on the national government for their educational costs, but there is no reference to the concept of "beneficiary charges"; the main principle throughout the articles of Gakusei is that charges are to be borne by school districts. The fact that Gakusei has articles about school fees means that we cannot entirely deny the "beneficiary charges" character of Gakusei, but it is not appropriate to see the concept as its guiding principle. 4. Despite the fact that Gakusei includes one aspect of "beneficiary charges", it has a very different meaning from that given to it by modern economics, being no more than an arbitrary explanation offered by the government and the Ministry of Education. The application of "beneficiary charges" to education has actually many difficulties, and that is true even today. 5. The fact that, in practice, school financing was undertaken by school districts in the Gakusei period and the percentage subsumed by school fees was very small is another reason why it is not appropriate to explain Gakusei using the term "beneficiary charges". 6. Many "admonitions for schooling" issued by local government officials criticized the philosophy of Gakusei that "learning and school" were for the individual's benefit, and emphasized their social significance as well as advocating more cooperative and public maintenance of schools. This is another reason why "beneficiary charges" should not be seen as the main thrust of the ordinance. 7. The national government and the Ministry of Education made much of the financial independence and the reserve funds of school districts, implying their intention to realize the educational finance philosophy of Gakusei that people should not depend on the national treasury for their educational costs. Moreover, the tentative national grant for primary schools called "Shogaku-Itakukin" was abolished in 1881. In this sense too, it can be seen that the basic principle of Gakusei was not "beneficiary charges" but the assumption of financial responsibility by the school districts.
2009-03-10

「学制」(明治五年)をめぐる「受益者負担」論議(山川偉也教授退任記念号)

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