Abstract
The Fundamental Law of Education came into force in 1947. The law had not been amended for over half century. However, it was amended in 2006. There are two purposes for this paper. One purpose is to examine how the Fundamental Law of Education was amended. The other is to argue about the type of education which is preferable under the amended Fundamental Law of Education. Section 1) It is posited that the aim of education is the full development of personality in Article One of both the Fundamental Law of Education of 1947 and the Fundamental Law of Education of 2006. But the two phrases "esteem individual value" and "be imbued with an independent spirit" were erased in writing the Fundamental Law of Education of 2006. And the qualities necessary for those who build the state and society are newly provided in the Fundamental Law of Education of 2006. The specific related content is written in Article Two of the Fundamental Law of Education of 2006. There are 20 moral laws, and one of them is for patriotism. These moral laws and education for patriotism may be enforced in schools, at home and in the community. Section 2) "Equal opportunity in education" is one of important concepts in the Fundamental Law of Education of 1947. But because the merit system is strengthened in the Fundamental Law of Education of 2006, it is difficult to maintain "equal opportunity in education". In particular to adopt the merit system in compulsory education is a serious matter. It will perhaps advance the reproduction of social class and generate gaps in the social structure. Section 3) It is stated that education shall not be subject to improper control but shall be directly responsible to all citizens in Article Ten of the Fundamental Law of Education of 1947. Furthermore, the idea that school teachers authorized by law shall be servants of the whole community is outlined in Article Six. These articles mean that education should be independent from the state. However, the two phrases related to education's responsibility toward all citizens and the role of teachers as servants of the community are eliminated in the Fundamental Law of Education of 2006. This deprives education of autonomy from the state and eliminates the public nature of the relationship between the citizenry and education. Section 4) It is newly provided that the government can make the Ground Plan to Promote Education in the Fundamental Law of Education of 2006. The government has a strong power to decide the content of education based on this article. This serves topromote neo-liberal educational reform. And this strengthens the state's control over education by the process of evaluation and inspection. Moreover, this deprives the local government of the power to decide education policy. Section 5) The Fundamental Law of Education of 2006 is fundamentally different from the Fundamental Law of Education of 1947. What education is preferable under the amended Fundamental Law of Education? This section suggests the preferred types of education, separating them into 3 levels. At the microlevel, it is important to avoid the imposition of education related to moral laws and patriotism. Making the most of academic freedom in Article Two in the Fundamental Law of Education of 2006, freedom of thought and conscience in the Constitution of Japan, and children's right to express their views in the Convention on the Rights of the Child is effective. At the middlelevel, it is important to stop neo-liberal educational reform. Making the most of the equality of all people under the law in the Constitution of Japan and equal opportunity in education in the Fundamental Law of Education of 2006 is effective. Criticizing the commercialization of education by emphasizing its 'public nature' in Article Six of the Fundamental Law of Education of 2006 is also important. At the
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