Download Academic Freedom and the Law: A Comparative Study by Eric Barendt PDF

By Eric Barendt

Academic Freedom and the legislations: A Comparative Study presents a severe research of the legislations with regards to educational freedom in 3 significant jurisdictions: the united states, the united kingdom, and Germany. The ebook outlines many of the claims that could be made to educational freedom by means of person collage academics and through universities and different larger schooling associations, and it examines the reasons that have been recommend for those claims. 3 chapters care for the criminal ideas of educational freedom in all of the 3 international locations. A separate bankruptcy is dedicated to the constraints on freedom of study, that could be imposed by way of the rules of medical trials, by means of highbrow estate legislation, and by way of the phrases of contracts made among researchers and the corporations sponsoring clinical and different examine. The e-book additionally examines the influence of contemporary terrorism legislation at the instructing and examine freedom of teachers, and it discusses their freedom to discuss basic political and social subject matters unrelated to their paintings. this can be the 1st comparative examine of an issue of primary significance to all teachers and others operating in universities. It emphasizes the significance of educational freedom, whereas declaring that, once in a while, exaggerated claims were made to its workout.

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Institutional Autonomy A second, quite different claim to academic freedom may be made by universities and other academic institutions themselves: a right to institutional autonomy. ’39 In the United Kingdom institutional autonomy has traditionally been associated with the colleges of Oxford and Cambridge universities, many of which have substantial endowments and have therefore enjoyed some financial independence from the state. 40 A tradition of university autonomy was recognised when the new civic universities were established in the nineteenth and twentieth centuries; moreover, the arrangements for university financing through the University Grants Committee, with a majority of academics among its members, were designed to protect this independence from government 38 WP Metzger, ‘Academic Freedom in Delocalized Academic Institutions’ in WP Metzger, et al (eds), Dimensions of Academic Freedom (Chicago, University of Illinois Press, 1969) 2–14 points out that the 1915 AAUP document said nothing about the relations of the academy to the state; violations of academic freedom were committed within the university.

The claim that university teachers should enjoy some special free speech rights that are wider or more generous than those to which other employees are entitled is certainly coherent, though of course arguments must be adduced to show why they should enjoy them. What is indefensible is the claim that academic freedom simply means unlimited free speech rights, as the statement of the UK academics 10 See below ch 5, s III(C) for the relationship between scientific freedom and freedom of expression in German law.

41 The Robbins Report in 1963 recognised the dangers to institutional freedom arising from the increasing material dependence on the state. It recognised nonetheless some key constituents of this freedom that should not and need not be eroded: the freedom of universities to make their own appointments; their freedom to devise their own degree courses and monitor standards; and the freedom to select their own students. 42 Moreover, it was for universities themselves to determine the appropriate balance between teaching and research for their own institutions.

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