教育行政研究における教育法学説の位置 : 「教育学としての教育行政研究」にむけて(論点の検証と問い直し・1,戦後日本の教育行政研究(3)-教育行政学の固有性を問う,I 年報フォーラム)

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The study of education law and its "Interna and Externa" theory have been regarded as an outmoded issue among researchers in the field of educational administration. To understand the essence of the "Interna and Externa" theory, however, the different dimensions of the theory need to be distinguished according to the differences in academic instruments. With this distinction in mind, this paper focuses on the normative context of the theory developed by the legal study of education law. Critics of the "Interna and Externa" theory insist that the main purpose of the theory is to separate educational administration from education and to make administrative activities overwhelmingly passive. From this conclusion, these critics declare that the pedagogical study of educational administration had be disconnected from the study of education law. However, the fucal principle meaning of this theory is far different from that conclusion. In terms of the dimension of legal study, the main focus of this theory is to secure a legal and mandated authority within the affairs of a school system and exclude them from the internal affairs of education. Hence, in this theory, educational administration itself is not excluded or separated from education as long as it has no legal and mandated authority regarding the internal affairs of education. Moreover, when it comes to the pedagogical study of educational administration, the legal norm of "Interna and Externa" theory is a significant prerequisite for that study because bringing legal authority to the practice of educational administration means that the legitimacy of the practice would be judged by legal interpretation, not by pedagogical experiments. The "Interna and Externa" theory is an idea to secure an autonomous field of education so that the legitimacy of educational practice and educational administration can be brought by pedagogical examinations. Finally, although many critics assert that the legal study of education law has neglected practical conflicts among teachers, parents and students in schools, recent research in education law has grappled with those conflicts through the analysis of litigation for correcting school activities. Through the analysis of these cases, the study of education law has clarified the norm of teachers' activities and school practice in order to protect the students' rights in their school lives. While these case studies reveal teachers' professional responsibilities and the minimum standards accompanied with their activities, it has also evolved a framework within which educational practice and administration can be run by pedagogical experiments. This legal norm of educational activities, adding to the norm of "Interna and Externa" theory, is a framework for securing the particular area of pedagogical study that needs to be autonomous from legal interpretation and judicial judgment. Therefore, it should be recognized that the study of education law still has practical meanings that would be cornerstones of the pedagogical study of educational administration.
日本教育行政学会の論文
2007-10-12

教育行政研究における教育法学説の位置 : 「教育学としての教育行政研究」にむけて(論点の検証と問い直し・1,戦後日本の教育行政研究(3)-教育行政学の固有性を問う,I 年報フォーラム)

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