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

By Eric Barendt

Academic Freedom and the legislations: A Comparative Study presents a serious research of the legislations in relation to educational freedom in 3 significant jurisdictions: the U.S., the united kingdom, and Germany. The e-book outlines a number of the claims that could be made to educational freedom via person college lecturers and by way of universities and different greater schooling associations, and it examines the reasons which were recommend for those claims. 3 chapters care for 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 may be imposed via the rules of scientific trials, by way of highbrow estate legislation, and by means of the phrases of contracts made among researchers and the firms sponsoring scientific and different study. The booklet additionally examines the effect of contemporary terrorism legislation at the educating and study freedom of lecturers, and it discusses their freedom to discuss normal political and social themes unrelated to their paintings. this is often the 1st comparative learn of a topic of basic value to all teachers and others operating in universities. It emphasizes the significance of educational freedom, whereas declaring that, occasionally, exaggerated claims were made to its workout.

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For further discussion, see below ch 9, s II. 18 Cohen v California 403 US 15, 25 (1971). ’ (1996) 79 Monist 536. 17 Academic Freedom Distinguished from Freedom of Speech 21 publication in the better journals that it makes an original contribution to knowledge. A further (and rather obvious) reason for distinguishing academic freedom from freedom of speech is that many forms of academic activity involve conduct rather than speech, or only tangentially involve the latter. The institution and equipment of a university department or laboratory, scientific experiments, social science surveys, the organisation of conferences and research teams are all activities which might be regarded as covered by a right to academic freedom.

The institution and equipment of a university department or laboratory, scientific experiments, social science surveys, the organisation of conferences and research teams are all activities which might be regarded as covered by a right to academic freedom. Instinctively, we would regard a government-imposed ban on conducting research through interviews and surveys on the effectiveness of, say, government policies for schools, as an interference with academic freedom, but the ban would only marginally limit the freedom of speech to discuss and criticise those policies.

Academic Freedom Distinguished from Freedom of Speech 17 It is not particularly helpful to attempt a single definition of academic freedom; it is too complex an idea to allow even for the framing of a provisional definition in one or two sentences. Rather, it is better to set out the different types of claims that may be made to academic freedom; each of these claims is at least partly recognised in the three legal systems considered in this book. These claims are supported by the different political and moral arguments discussed in the next chapter.

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