New PDF release: Academic Freedom and the Law: A Comparative Study

By Eric Barendt

ISBN-10: 1841136948

ISBN-13: 9781841136943

Academic Freedom and the legislations: A Comparative Study presents a serious research of the legislations in terms of educational freedom in 3 significant jurisdictions: the USA, the united kingdom, and Germany. The publication outlines a number of the claims that could be made to educational freedom through person college 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 the 3 nations. A separate bankruptcy is dedicated to the constraints on freedom of study, that may be imposed by way of the legislation of scientific trials, through highbrow estate legislation, and by means of the phrases of contracts made among researchers and the corporations sponsoring scientific and different study. The publication additionally examines the effect of contemporary terrorism legislation at the educating and study freedom of lecturers, and it discusses their freedom to talk about common political and social issues unrelated to their paintings. this can be the 1st comparative learn of a subject matter of basic significance to all teachers and others operating in universities. It emphasizes the significance of educational freedom, whereas mentioning that, every now and then, exaggerated claims were made to its workout.

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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.

30 The AAUP formulated a professional freedom, which universities should respect in their dealings with individual scholars and which could be incorporated in the terms of academic employment contracts. 31 We will see later in this chapter, and more fully in chapter six, that in the United States the Supreme Court (and to some extent other courts) have taken a different perspective on academic freedom as a constitutional right, viewing it primarily, perhaps solely, as the freedom of academic institutions.

Statement of Academic Freedom issued by UK Academics for Academic Freedom in December 2006. 9 See below ch 3, s III(A). 8 4 Introduction is entitled to direct the inquiries of its staff. The freedom is termed ‘academic freedom’ rather than ‘intellectual freedom’, precisely because there is a close, perhaps even an essential, link between the liberties of professors and lecturers and the functions of the university that employs them. 10 The link between academic freedom, as it is generally understood in the United Kingdom and the United States, and the role of universities gives rise to its own difficulties.

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

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