Do developing countries need Education laws to manage its system or are ethics and a market-driven approach sufficient?
Keywords:
Law, policy, ethics, value, governance, legislation, Education management, developing worldAbstract
The Education sector is one of the fundamental industries as described by the recent concept of “state business,”
which is also the most critical player in making other sectors of a state functional. The criteria of Education
governance and legislations as well as their schemata have evolved out of historical social practices. The
interpretation of social events is guided and constrained by the prevailing rationality which itself reflects the
dominant constellation of power. Since its inception, the Education sector has been informally governed by the
ethics. Before this, Education especially in developing world was provided on a very small scale through Guru-
Shiso provision and was not a major concern of public policy. However, its recent expansion in the early 1950’s has
made it a major cause for concern for developing world. The public policies currently available, particularly with
regard to governance and regulatory control, are aimed at governing Education as a whole and Education itself
lacks adequate rules and regulations. Now the question arises: is public policy, formal and informal governance, as
well as regulatory approaches enough to control, monitor and to guide the Education sector while it experiences a
numbers of challenges and dynamisms? Or is there a need for Education law? Law is considered as one of the
fundamental tools for governance and regulatory control and once it is used; there will be little hope to control the
sector with value and ethics. Therefore, the use of law is frequently unwelcome, since it is the method used when no
other alternatives are available. With the phenomenal growth and challenges in Education, we need to revisit
governance and regulatory control for the Education system. This article examines this issue, with a view at seeking
the answer to the question: is there a need for Education laws or are ethics, value, policy and market-driven theory
enough?
