Research for establishment of a fundamental theory of legal relationship among children, parents, teacher and school and its application

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This research has aimed at establishing a systematic theory of school law. The Central point of this theory is to establish children's right in school relationships. After pursuing this research objective for two years, we, the co-investigators conducted by the head investigator Professor Hiroshi Nishihara, have managed to achieve this goal to a certain extent.The most important result lies in the foundation of systematic understanding of the relationship between school system and children's rights. Public Schooling may legitimate itself in two different ways : as realization of children's rights and as realization of some societal or democratic value contrary to children's rights. In the first cases, it must be scrutinized whether children's rights are really in fulfillment ; in the second case, the necessity to limit children's rights must be proved. Such systematic relationship has been described by head investigator's books and articles in the last two years.There is still ongoing discussion about the proper extent of the democratic education. The arguments of both sides are adopted in the book published as the final result of this research.