By Eric Barendt
Academic Freedom and the legislation: A Comparative Study presents a severe research of the legislations on the subject of educational freedom in 3 significant jurisdictions: the USA, the united kingdom, and Germany. The ebook outlines many of the claims that may be made to educational freedom through person college academics and through universities and different better schooling associations, and it examines the reasons that have been recommend for those claims. 3 chapters take care of the criminal rules of educational freedom in all of the 3 international locations. A separate bankruptcy is dedicated to the constraints on freedom of analysis, that could be imposed by means of the law of medical trials, through highbrow estate legislation, and by means of the phrases of contracts made among researchers and the firms sponsoring clinical and different learn. The ebook additionally examines the impression of contemporary terrorism legislation at the instructing and learn freedom of lecturers, and it discusses their freedom to discuss basic political and social subject matters unrelated to their paintings. this is often the 1st comparative research of a topic of primary value to all lecturers and others operating in universities. It emphasizes the significance of educational freedom, whereas declaring that, every now and then, exaggerated claims were made to its workout.
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Additional resources for Academic Freedom and the Law: A Comparative Study
39. 20 See below ch 4, s IV(E). The extent to which ‘impact’ will be taken into account in funding arrangements under the new Research Excellence Framework was not determined at the moment of writing. 16 A Vulnerable Freedom 7 intellectually, as distinct from practically or socially, significant. The vision of the university outlined by John Henry Newman in his classic work The Idea of a University Defined and Illustrated 21 was no longer shared by the mid-twentieth century, for Newman considered that universities existed essentially to teach universal knowledge rather than to conduct research.
Metzger points as evidence to the foundation of Johns Hopkins University in 1876 as a research university on the German model and to the fact that over half of the signatories to the first Report in 1915 of the American Association of University Professors on Academic Freedom had studied in Germany. 43 JR Searle has taken this distinction further: JR Searle, ‘Two Concepts of Academic Freedom’ in EL Pincoffs (ed), The Concept of Academic Freedom (Austin, University of Texas Press, 1972) 86–97. 44 Academic freedom as a legal topic has been extensively discussed in both Germany and in United States, and there is a rich case law in both countries.
35 In the United States and Canada, constitutional rights are guaranteed only against the state or government, so it is hardly surprising that in those jurisdictions the restraints imposed by drugs companies cannot be challenged easily in the courts. 36 O’Neil, Academic Freedom in the Wired World (above n 30) 274. 10 Introduction The particular episodes discussed in chapter seven of this book bring out the serious implications of these restraints, particularly for medical research. III. THE SCOPE OF THE BOOK It may be helpful to explain how these topics are treated in this book.