The Legal Basis of Gakusei-A Refutation of Ms. Yukawa Katsumi

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  • 明治五年「学制」の法令上の種別について-湯川嘉津美氏の説への疑問-
  • メイジ ゴネン 「 ガクセイ 」 ノ ホウレイ ジョウ ノ シュベツ ニ ツイテ : ユカワカツ ビ シ ノ セツ エ ノ ギモン

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Treatments of Gakusei, modern Japan's first educational ordinance issued in 1872, may be found in various treatises, surveys, chronological tables, and source books on the history of Japanese education. The present author has previously concluded that Gakusei, including both its Preamble and the attached Articles, comprises Dajokan Ordinance No. 214, issued on August 2, 1872. This conclusion has been refuted by Ms. Yukawa Katsumi, who asserts that only the Preamble is included in Dajokan Ordinance No. 214, while the attached Articles are based on a Ministry of Education regulation issued on August 3, 1872. The author feels that Yukawa's views are unacceptable, however, and in this paper he examines her position from various angles, including the serial number of the Ministry of Education regulation that she refers to, the reliability of the Fukoku-Zensho (official statutes at large) on which the author bases his argument, and the authority of the Ministry of Education to enact a national education system under the name of Gakusei.

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