A Study on Curriculum Organization of "Social Studies based on Law" : On the Case of <i>Justice in Urban America Series</i>

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  • 法を基盤とする社会科カリキュラム編成の研究 : 『都市社会アメリカにおける正義』の場合
  • ホウ オ キバン ト スル シャカイカ カリキュラム ヘンセイ ノ ケンキュウ トシ シャカイ アメリカ ニ オケル セイギ ノ バアイ

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Abstract

The purpose of this paper is to examine a theory and characteristics of Justice in Urban America Series, which was developed in 1970's by Robert Ratcliffe with Law in American Society Foundation as a material for law-related education of social studies in junior high school, and to grasp the possibilities of social studies curriculum focusing on law. The material is a part of the comprehensive law-related education curriculum that covers from mid- elementary to late-secondary, and is composed with an another series which is called "Trail marks of liberty series" based on the historical survey of the development of legal system in the U.S.A. I. The theory of curriculum organization is described as follows: 1) The curriculum, which is named Justice in Urban America Series, is organized as a series of legal study that is covered various fields of social problems in urban America. 2) Legal study in each unit is constructed not only with the analysis of the legal process dealing with social problems, but with inquiring the causes of problems. 3) Analyzing the legal process that is focused on "the planning of the legislature," "the enforcement by the administrative organs," and "the assessment by the administration of justice" can be realized for students to grasp the functional relations in the public system of problem solving. 4) Analyzing the judgments of legal cases in each lesson, which are issued the justification of planning or enforcement by the government with laws, also can be realized for students to form their own criteria on the public issues concretely based on the constitutionalism as a flame of reference. 5) Therefore, Justice in Urban America Series can be defined as "Social Studies curriculum based on Law" that ensures students to recognize the legal process in the constitutional democracy objectively. II. The characteristics of curriculum organization are described as follows: 1) Because Justice in Urban America Series ensures students to have a dynamic and structured viewpoint on the systematic way of problem solving in our society through the law, it can be evaluated as an alternative organizing theory against with the law-related education which is based on the positive law or general ideas of law teaching laws as themselves. 2) Though the series has no chance for students to evaluate the values of American democracy comparing with other countries critically, it can be evaluated as an eminent proposal of curriculum theory to develop student's ability of discernment on public concern in the flame of law and constitutionalism.

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