書誌事項
- タイトル別名
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- Character of Public Schools in Prewar Japan : An Analysis of the Tokushima "Swinging Pole Case"
- トクシマ ユウドウ エンボク サイバン ニ ミル センゼン コウリツ ガッコウ
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抄録
It's supposed that the modern public school system in Japan was established in 1900, but the nature of this system had to remain unknown to the nation still after that. The substantial character of a public school system, of which we are usually unconscious, can be clarified only when some incident happens in school and our everydayness is broken. This paper tries to verify the fact through an analysis of the case related to a swinging pole accident which took place in a Tokushima municipal primary school in 1913. This "swinging pole case" is a famous classic example indispensable when we tell of the jurisprudence on national indemnity under the Meiji-Constitution. In the process of the trial, it became an important issue whether a primary school should belong to State or to a municipality, and whether possessing an institution of a primary school is public law-related or private law-related. The Supreme Court judged that a primary school should belong to a municipality and that there could be a double meaning in its possession, but such a fundamental issue could not be settled and remained obscure even after this judgment in the controversy among the jurists. As a result of this Supreme Court's judicial precedent, it became possible for the first time to apply the civil law (the article of reparation for damage) to accidents that happened in public schools. However, the thought itself that school education schould be ruled by the special power relation (das besondere Gewaltverhaltnis), which depended on the order-obedience relation, did not waver at all. Even today problems brought forward by the Tokushima Case hardly seem to be fully solved.
5
KJ00004276152
論文
Article
収録刊行物
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- 桃山学院大学人間科学
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桃山学院大学人間科学 (3), 55-109, 1992-03-31
和泉 : 桃山学院大学総合研究所
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詳細情報 詳細情報について
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- CRID
- 1050845762520787200
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- NII論文ID
- 110004696315
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- NII書誌ID
- AN1020805X
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- ISSN
- 09170227
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- NDL書誌ID
- 3463016
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- 本文言語コード
- ja
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- 資料種別
- departmental bulletin paper
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- データソース種別
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- IRDB
- NDL
- CiNii Articles