The Fundamental Law of Education and Problems of Postwar Responsibility : a Focus on Awareness of "The Constitution and Fundamental Law of Education System"

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  • 教育基本法と戦後責任の問題 : 「憲法・教育基本法体制」認識をめぐって
  • キョウイク キホンホウ ト センゴ セキニン ノ モンダイ ケンポウ キョウイク キホンホウ タイセイ ニンシキ オ メグッテ

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Abstract

This paper consists of three sections. 1)the awareness of the interrelationship between the Fundamental Law of Education and the Imperial institution as the symbol of the State and of the unity of the people;2)the problem of the Fundamental Law of Education and "hinomaru(nationalflag)" and "kimigayo(national anthem)" ;and, 3)the Fundamental Law of Education and responsibility for Post War in "national education debate". Today, we are required to explain the historical meaning of the 50-years since Japan's defeat in World War II. One important controversy for Japan centers on the problems of wartime responsibility and postwar responsibility. This country continues to avoid its responsibility for the war of aggression and colonial domination in the Asia and Pacific areas. What is this nation? We have been faced with such a question. The problem is also similar to that of the inseparability of public education and the way that Japan should be. It is taken for granted that the legal framework of the postwar public education system is the Fundamental Law of Education. And debate has been centering on how we shall understand the historical character of this legal framework. This system has been based on a positive "Constitution and the Fundamental Law of Education System, "that in turn means acceptance of the three principles of the Constitution, numely, popular sovereignty, fundamental human rights, and renunciation of war. However, there has been little discussion about the interrelationship between the Fundamental Law of Education and the Constitutional provision of an Emperor as symbol that goes hand in hand with the Emperor's political immunity. The aim of this paper is to clarify the issue of postwar responsibility in postwar educational research, especially the interrelation between the preservation of human rights and the Imperial institution, as well as freedom of thought and conscience in public education.

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