体罰法禁下における体罰正当化の論理  [in Japanese] Justification of Legally-Prohibited Corporal Punishment in Japanese Schools  [in Japanese]

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Abstract

Following the Meiji Restoration, corporal punishment in schools was prohibited by government ordinance in 1879. However, its definition became very vague after specific examples disappeared from the ordinance in 1890. Subsequently, a clause concerning disciplinary punishment was newly added to the ordinance. As a result, the point of view was born that violence as a disciplinary punishment would be permitted if it did not inflict any injury upon pupils. This justification of corporal punishment was supported on the one hand by the idea that the teacher was acting as substitute for parents, and on the other hand by the idea that the teacher was a governmental official who exercised authority over the people. Eventually, in the period of Showa fascism, the former idea, which had been justified by relating the teacher-child relationship to the blood relationship between parent and child, came increasingly to be replaced by the latter idea, which premised a special power relation (das besondere Gewaltverhaltnis).

Journal

  • Human sciences review,St. Andrew's University

    Human sciences review,St. Andrew's University (5), p1-34, 1993-09

    桃山学院大学総合研究所

Codes

  • NII Article ID (NAID)
    110004696335
  • NII NACSIS-CAT ID (NCID)
    AN1020805X
  • Text Lang
    JPN
  • Article Type
    departmental bulletin paper
  • Journal Type
    大学紀要
  • ISSN
    09170227
  • NDL Article ID
    3529778
  • NDL Source Classification
    F21;B44
  • NDL Source Classification
    ZV1(一般学術誌--一般学術誌・大学紀要)
  • NDL Call No.
    Z22-1580
  • Data Source
    NDL  NII-ELS  IR 
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