Different forms of juridification – an analysis of two cases in Swedish education law

This article explores the phenomenon of juridification in education with a focus on Swedish education law. Two key legislative areas are analysed: regulations on the discrimination and degrading treatment of students (DDT) and the incorporation of the United Nations Convention on the Rights of the Child (CRC) into Swedish law. Using Blichner and Molander’s (2008) framework for the dimensions of juridification with an additional dimension by Rosén, Arneback, and Bergh (2021), the article examines how the laws manifest different forms of juridification within the educational system. The findings reveal distinct patterns, with DDT representing an accountability-oriented juridification characterised by detailed legal obligations and enforcement mechanisms, while CRC exemplifies an elusive juridification with a symbolic legal status and uncertainty regarding how the law should be enacted and implemented. The study highlights the complexities of the juridification of and in education and the implications for legal and pedagogical practices, contributing to a nuanced understanding of how law reshapes educational contexts.