尾﨑 公子

In this paper, the authors try to formulate the problems that surround the punishment of teachers in public school systems and to analyze the historical and institutional structure of punishment of teachers in Japan before World War II. The problem of punishment of teachers should be seen as one of penality within the public education systems, that is to say, the use by the state of punishment or the threat of punishment as a sanction, or means of controlling teachers. On this basis, one would expect that the problem should occupy a very important position in research on public education, school systems, and public administration of education. Since no studies concerning punishment of teachers have so far appeared, however, this paper breaks new ground. One of the major problems that arise from the punishment of teachers is that of judical remedy in cases of unjust penalization, for in a modern state the rights and the status of teachers punished or dismissed by authority must be guaranteed by due-procedure. For the reasons mentioned above, we have attempted to analyze the interrelations between punishment imposed by administrative authority and remedial countermeasures sought by the judiciary. A further concern of this paper is the integration of methods of educational research concerning educational policy, educational administration and the courts and the public schools. Hereafter, we hope to analyze the historical structure of the punishment of teachers and to examine the problems concerning penality in public education in Japan since World War II.