ドイツにおける「教師の教育上の自由」論の現状

J.ルクスとH.ビスマンによる2つの新たな理論

抄録

This thesis inspects 'pedagogical freedom of the teacher' (die pädagogische Freiheit des Lehrers) in Germany today, by taking up two new theories by J. Rux and H. Wissmann.
'Pedagogical freedom of the teacher' is legally secured in every federal state in Germany, so the individual teacher is allowed certain discretionary room for his educational work. Educational administration has no authority to make 'unjust interventions' into individual teachers' work (Clause 2, Article 100, School Law of Mecklenburg-Vorpommern). It also means that legal position of the teacher is distinguished from that of other public servants.
The legal position of a teacher in Germany is, more than anything else, set in the traditional public servant system. As a teacher is a public servant, he/she is charged with state responsibilities for school education, and therefore has the duty of obedience to superiors as well as other public servants. However, an order-bound teacher cannot help his/her students develop individually and humanely. For this essential goal of school education, not only standardized school education but also an individual, active and creative one is demanded. This is why 'pedagogical freedom of the teacher' is legally secured.
In the first chapter, the legal concept of 'pedagogical freedom of the teacher' is examined. In Germany, according to the tradition of state supervision of schools, school education is organized by the state. Therefore teachers' acts are bound by state control through laws, administrative regulations and orders. Despite these, teachers are entitled to design class contents and determine methods, decide teaching materials, give grades to his/her students and so on, provided that the certain range and limit of 'pedagogical freedom of the teacher' is respected.
In the second chapter, the friction over 'pedagogical freedom of the teacher' is described using court litigation as an example. These trials became conspicuous after the 1980s, and the following subjects were brought into the courts: Orders to revise teachers' scholastic evaluations of the students, class change of the teacher and prohibiting certain educational acts by the teacher (such as 'punitive compositions'). (View PDF for the rest of the abstract)