| Project/Area Number |
16530024
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Waseda University |
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Principal Investigator |
NISHIHARA Hiroshi Waseda University, Faculty of Social Sciences, Professor, 社会学総合学術院, 教授 (10218183)
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| Co-Investigator(Kenkyū-buntansha) |
TONAMI Koji Waseda University, Law School, Professor, 大学院法務研究科, 教授 (00155540)
GOTO Mitsuo Waseda University, Faculty of Social Sciences, Professor, 社会学総合学術院, 教授 (70170470)
IMASEKI Motonari Waseda University, Faculty of Law, Professor, 法学学術院, 教授 (90147942)
SAITO Kazuhisa Tokyo Gakugei University, School of Education, Assistant Professor, 教育学部, 専任講師 (50360201)
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| Project Period (FY) |
2004 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥1,900,000 (Direct Cost: ¥1,900,000)
Fiscal Year 2005: ¥300,000 (Direct Cost: ¥300,000)
Fiscal Year 2004: ¥1,600,000 (Direct Cost: ¥1,600,000)
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| Keywords | children's rights / school system / school law / parental right / teacher's authority / 教育 / 教育権 / 教育を受ける権利 / 子どもの権利 / 義務教育 |
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| Research Abstract |
This research has aimed at establishing a systematic theory of school law. The Central point of this theory is to establish children's right in school relationships. After pursuing this research objective for two years, we, the co-investigators conducted by the head investigator Professor Hiroshi Nishihara, have managed to achieve this goal to a certain extent.
The most important result lies in the foundation of systematic understanding of the relationship between school system and children's rights. Public Schooling may legitimate itself in two different ways : as realization of children's rights and as realization of some societal or democratic value contrary to children's rights. In the first cases, it must be scrutinized whether children's rights are really in fulfillment ; in the second case, the necessity to limit children's rights must be proved. Such systematic relationship has been described by head investigator's books and articles in the last two years.
There is still ongoing discussion about the proper extent of the democratic education. The arguments of both sides are adopted in the book published as the final result of this research.
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