Juridification of educational spheres: The case of Sweden

Educational Philosophy and Theory 51 (12):1262-1272 (2019)
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Abstract

This article takes the interlinkages between law and politics as its starting point. It analyzes recent changes in the legislative style of education governance in Sweden as not only a species of crisis management, but also a long-term response to a series of tensions arising out of the push toward what has been identified as ‘juridification’ in many Western nations—the reliance on law and judicial means for addressing core moral predicaments, public policy questions, and political controversies. The article outlines the notion of juridification at a theoretical level and highlights juridification processes and their possible ramifications on education. It argues that recent changes in the legislative style of education governance in Sweden not only reveal much about the commitments and implicit assumptions of modern regulatory and evaluative regimes, but also reflect the general impact of the rationalization of social and political life on the organization of government. The article provides a case with which to examine some of the theoretical underpinnings and implicit conceptual assumptions of modern regulatory and evaluative regimes as well as educational institutions’ relationships with the State. It shows that regulatory frameworks define the conceptualizations of what educational institutions do and thus of what actually gets done.

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Economy and Society.Max Weber - 2013 - Harvard University Press.
Philosophy of Education for the Public Good: Five challenges and an agenda.Gert Biesta - 2012 - Educational Philosophy and Theory 44 (6):581-593.

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