By Eric Barendt
Academic Freedom and the legislation: A Comparative Study presents a serious research of the legislation with regards to educational freedom in 3 significant jurisdictions: the USA, the united kingdom, and Germany. The booklet outlines some of the claims that could be made to educational freedom via person collage academics and by way of universities and different greater schooling associations, and it examines the excuses which were recommend for those claims. 3 chapters take care of the criminal rules of educational freedom in all the 3 international locations. A separate bankruptcy is dedicated to the limitations on freedom of analysis, that could be imposed via the law of scientific trials, by way of highbrow estate legislation, and by way of the phrases of contracts made among researchers and the corporations sponsoring scientific and different examine. The ebook additionally examines the effect of contemporary terrorism legislation at the instructing and learn freedom of lecturers, and it discusses their freedom to discuss common political and social themes unrelated to their paintings. this is often the 1st comparative examine of a subject matter of basic value to all lecturers and others operating in universities. It emphasizes the significance of educational freedom, whereas stating that, now and again, exaggerated claims were made to its workout.
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Additional resources for Academic Freedom and the Law: A Comparative Study
Higher education institutions have a responsibility to increase the public’s understanding of complex decisions,19 presumably because that task should not be left to the media, politicians and political parties. 20 British universities therefore no longer provide ivory towers, dedicated to the exchange of ideas and the teaching only of what is 15 See above n 1. For a general survey of the changing role of universities in Britain in the context of higher education politics, see R Stevens, University to Uni, revised edn (London, Politico’s, 2005).
Doubts are expressed not only in respect of borderline claims, as with freedom of speech or personal privacy, but with regard to its central meaning. Sceptics challenge the coherence of academic freedom even in core areas, such as, for example, the claim of university professors and lecturers to teach their courses as they think appropriate, rather than as directed by their heads of department. 4 There are understandable reasons for these doubts and difficulties. In the first place, there is relatively little case law, even in the United States, on the scope and meaning of academic freedom, compared to the rich jurisprudence on well-established constitutional and human rights to be found now in many jurisdictions.
The same provision of the German Basic Law, Article 5, covers both the freedom to express opinions (Meinungsfreiheit) and scientific (or academic) 7 8 9 For a general discussion of these conflicts, see below s V. uk/ (accessed 2 August 2010). Times Higher Educational Supplement (THES), 12 January 2007, 1. 18 What Is Academic Freedom? 11 Despite these close links between the freedoms, the argument that academic freedom amounts to an unrestricted freedom of speech for university teachers is fundamentally misconceived.