Juridifieringens konsekvenser på skolans område - en översikt av begrepp och principer

Abstract

he topic of this article is juridification in the field of education from a legal perspective. Two forms of juridification are discussed. One form is the expansion and differentiation of law and the second form is about legal framing. This discussion is related to the development of legislation, Skollagen (SFS 2010:800) and children’s human rights. Legal concepts and principles like the ideal of the rule of law (legal certainty) or legal rights, are explained and used in the context of education to problematize the consequences of juridification. Fuller`s description of eight distinct routes to disaster in law making are used to problematize juridification from a governance perspective. At least five failures are identified. The consequences are low legitimacy, empirical as well as normative. The frame of the article is Nonet & Selznick`s theory of different legal systems. The latest decade`s changes in favor of the discourse of rights, like free choice of schools, has strengthened the autonomous legal system on behalf of the responsive system.

Keywords

• education
• juridification
• the rule of law
• legal rights and legal systems