Differentiation of education through juridification

Abstract

The objective of this article is to explore differentiation of education through juridification. We examine changes in school governing, including trends towards globalization and marketization, as well as increased regulatory intervention in addressing complex social problems. Drawing on Luhmann’s theory of functional differentiation and Teubner’s problematization of juridification, we scrutinize three sets of distinct legislative regulations in a Swedish context. We uncover a multifaceted juridification alongside a multifunctional school organization nested in a complex web of differentiated and interconnected subsystems. Traditional forms of differentiation persist, albeit with juridification as a lever, thus sparking renewed tensions.