Academic Freedom and the Law: A Comparative Study - download pdf or read online

By Eric Barendt

ISBN-10: 1841136948

ISBN-13: 9781841136943

Academic Freedom and the legislations: A Comparative Study offers a serious research of the legislations when it comes to educational freedom in 3 significant jurisdictions: the U.S., the united kingdom, and Germany. The ebook outlines a few of the claims that could be made to educational freedom through person collage lecturers and through universities and different better schooling associations, and it examines the reasons which were recommend for those claims. 3 chapters care for the felony ideas of educational freedom in all the 3 nations. A separate bankruptcy is dedicated to the constraints on freedom of study, that could be imposed through the law of medical trials, by way of highbrow estate legislation, and via the phrases of contracts made among researchers and the corporations sponsoring scientific and different learn. The publication additionally examines the effect of modern terrorism legislation at the instructing and examine freedom of lecturers, and it discusses their freedom to talk about normal political and social issues unrelated to their paintings. this is often the 1st comparative learn of an issue of basic significance to all lecturers and others operating in universities. It emphasizes the significance of educational freedom, whereas stating that, once in a while, exaggerated claims were made to its workout.

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Educational Freedom and the legislations: A Comparative research offers a serious research of the legislations in relation to educational freedom in 3 significant jurisdictions: the U.S., the united kingdom, and Germany. The booklet outlines a few of the claims that may be made to educational freedom by means of person college academics and by way of universities and different better schooling associations, and it examines the reasons that have been recommend for those claims.

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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.

They are most often made by individual professors and other university teachers; other institutional claims may be made by universities themselves. These different claims and the conflicts between them are discussed in chapter two. It is better to explore these various understandings of academic freedom before we consider in chapter three whether it is possible to justify it, whether it assumes the form of an individual or of an institutional claim. As we have seen already, academic freedom is a puzzle, for it appears to give privileges to a particular professional group and—or perhaps alternatively—to the institutions that employ 37 See Barendt (above n 13) ch 1, esp 2–6.

The first paragraph of this Article safeguards the right of everyone to express and communicate their opinions, freedom of the press and freedom of reporting by broadcasts and films; the provision 29 Committee on Standards in Public Life, ‘Second Report on Standards in Public Life’ (Cm 3270, 1996) para 97, further discussed below in ch 4, s IV(A). 30 For further discussion of this Statement and the earlier 1915 Declaration, see below ch 6, s II. 31 See below ch 6, s II(D). 32 See below ch 6, s IV(B).

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


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