Do developing countries need Education laws to manage its system or are ethics and a market-driven approach sufficient?

Abstract

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 Educationgovernance and legislations as well as their schemata have evolved out of historical social practices. Theinterpretation of social events is guided and constrained by the prevailing rationality which itself reflects thedominant constellation of power. Since its inception, the Education sector has been informally governed by theethics. 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 hasmade it a major cause for concern for developing world. The public policies currently available, particularly withregard to governance and regulatory control, are aimed at governing Education as a whole and Education itselflacks adequate rules and regulations. Now the question arises: is public policy, formal and informal governance, aswell as regulatory approaches enough to control, monitor and to guide the Education sector while it experiences anumbers of challenges and dynamisms? Or is there a need for Education law? Law is considered as one of thefundamental tools for governance and regulatory control and once it is used; there will be little hope to control thesector with value and ethics. Therefore, the use of law is frequently unwelcome, since it is the method used when noother alternatives are available. With the phenomenal growth and challenges in Education, we need to revisitgovernance and regulatory control for the Education system. This article examines this issue, with a view at seekingthe answer to the question: is there a need for Education laws or are ethics, value, policy and market-driven theoryenough?

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