留学内規の形成過程と規範論理規定要因の分析 : 法社会学的アプローチによる一試論

抄録

By the revised law as of February 3, 1988, the national system under which students in senior high school can study abroad without changing their status in school has been established. This paper presents a statistical analysis of actual conditions of how each high school is coping with this situation; how the regulations were established, how they were construed, and how they are carried out. In the analysis, which follows law-sociological method, special stress is put on; 1. the analysis of the government-oriented policy in terms of time category, 2. the grasp of how they came to be established, 3. the logical analysis of the necessary conditions provided in the regulations and the location of their problems, 4. the analysis of the main factors of how and why different schools have different regulations in actual enforcement, 5. the gap in the interpretation of the regulations between the government and each high school. In the light of the principle of education, the regulations seem to want logical actuality. And this may be due to the self-approving and quick-tempered attitude that the government shows in its effort to carry out the regulations. They have to be excuted on the assumption that any student who wants to go abroad for study should have his or her own volition, self-assertion and responsibility. The system, moreover, constitutes a radical emancipation from rigidly regulated curriculums in high school. In that case, the significance of education in high school has to be examined all over again.