Navigating different forms of juridification
2024 (English)Conference paper, Oral presentation with published abstract (Refereed)
Abstract [en]
The aim of this paper is to contribute to conceptualization of different forms of juridification in education. The text focuses on the enactment of legislation on discrimination (Discrimination Act 2008:567), degrading treatment (Education Act 2010:800) and the Act on the UN Convention on the Rights of the Child (2018:1197, CRC).
The result presents and compare two different forms of juridification in education:
Accountability-oriented juridification - Acts on Discrimination and Deagrading Treatment
The results shows that the legislation in combination with different forms of accountability leads to a juridical framing in education that challenges pedagogical practices.
Elusive juridification: The Act on the UN Convention on the Rigths of the Child
The law fills a political symbolic function and is understood as a tool for realizing the commitments in the Convention. However, the data reveals uncertainty on how to implement the law and it is unclear in what way the law should be enacted in pedagogical practises.
When comparing accountability-oriented juridification and elusive juridification, differences emerge in how increased legal regulation impacts the education system. The accountability-oriented juridification shows clarity in expectations, but challenges pedagogical practices. Elusive juridification lacks clarity and result in uncertainty on its legal and pedagogical implications. These two examples of juridification highlights the need of navigating different forms of juridification and raises the question on what other forms of juridification that could be identified in the education field.
Place, publisher, year, edition, pages
2024.
Keywords [en]
Juridification, CRC, UN Convention on the Rights of the Child, Discrimination, Degrading treatment, State governance
National Category
Other Legal Research Criminology
Research subject
Public Law
Identifiers
URN: urn:nbn:se:uu:diva-537813OAI: oai:DiVA.org:uu-537813DiVA, id: diva2:1895171
Conference
The European Conference on Educational Research (ECER 2024), Education in an Age of Uncertainty: memory and hope for the future, 26-30 August,2024 Nicos ia
Funder
Riksbankens Jubileumsfond, P21-01482024-09-052024-09-052025-02-20