Download e-book for kindle: Academic Freedom and the Law: A Comparative Study by Eric Barendt

By Eric Barendt

ISBN-10: 1841136948

ISBN-13: 9781841136943

Academic Freedom and the legislation: A Comparative Study offers a severe research of the legislations when it comes to educational freedom in 3 significant jurisdictions: the U.S., the united kingdom, and Germany. The publication outlines a number of the claims that could be made to educational freedom through person collage academics and via universities and different better schooling associations, and it examines the excuses that have been recommend for those claims. 3 chapters take care of the felony rules of educational freedom in all of the 3 nations. A separate bankruptcy is dedicated to the constraints on freedom of analysis, that may be imposed through the law of medical trials, via highbrow estate legislation, and by way of the phrases of contracts made among researchers and the corporations sponsoring scientific and different learn. The ebook additionally examines the effect of contemporary terrorism legislation at the educating and learn freedom of lecturers, and it discusses their freedom to discuss normal political and social subject matters unrelated to their paintings. this is often the 1st comparative examine of a subject matter of basic significance to all teachers and others operating in universities. It emphasizes the significance of educational freedom, whereas stating that, from time to time, exaggerated claims were made to its workout.

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That is why academic freedom is so puzzling: what could justify such a privileged position? This puzzle is particularly acute when we consider whether academic freedom confers special rights on academics to speak freely in public about, say, educational policy and to criticise the universities that employ them. For freedom of speech is a basic constitutional or human right that in principle we should all equally enjoy. It would surely be odd if academic staff could claim in effect a wider freedom than other employees to speak without constraint on matters connected with their employment.

For discussion of this important point, see below ch 5, ss I and III(B). 35 See below ch 5, s IV(A). 36 For further discussion in the context of Germany, see below ch 5, s IV(D). 37 See below ch 4, s IV(B). 34 26 What Is Academic Freedom? 38 Insofar then as academic freedom confers some rights on individual academics, it follows that universities as well as the state and public agencies must respect them. This must be borne in mind when we consider now the second variety of claim: the freedom of universities to institutional autonomy.

32 See below ch 6, s IV(B). The Varieties of Academic Freedom Claims 25 is furthermore contained in the part of the Law guaranteeing Basic Rights. So the clear implication is that scientific or academic freedom confers individual rights. 35 We will see in chapter five how the courts in Germany have interpreted this provision to require the state to promote scientific freedom and afford professors significant participation rights in university governance; the freedom has a wider scope than the core freedoms of teaching and research.

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


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