1 Academic Freedom: Why do we need a Magna Charta? Higher Education Research Group Seminar,...

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Academic Academic Freedom:Freedom:

Why do we Why do we need a need a Magna Magna

ChartaCharta??

‘‘Higher Education Research Group Seminar’,Higher Education Research Group Seminar’,University of Oxford, 1University of Oxford, 1stst December 2009 December 2009

Dr. Terence Karran

University of Lincoln

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THE HISTORICAL ROOTS OF ACADEMIC THE HISTORICAL ROOTS OF ACADEMIC FREEDOMFREEDOM

VON HUMBOLDT: The modern research VON HUMBOLDT: The modern research universityuniversity

THE NEED FOR A WORKING DEFINITION THE NEED FOR A WORKING DEFINITION THE NEED FOR ADEQUATE PROTECTIONTHE NEED FOR ADEQUATE PROTECTIONACADEMIC FREEDOM IS IMPORTANT: to staff, ACADEMIC FREEDOM IS IMPORTANT: to staff,

students, universities and the world at large.students, universities and the world at large.

Academic Freedom:Academic Freedom:Why do we need a Why do we need a Magna ChartaMagna Charta??

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Historical RootsHistorical Roots

Universities grew up as guild Universities grew up as guild institutions during the middle ages, institutions during the middle ages, owing many of their traditions to owing many of their traditions to monastic life.monastic life.

University of BolognaUniversity of Bologna: First : First University in Europe. Autonomy was University in Europe. Autonomy was vested in the student universitas, vested in the student universitas, professors were hired by the professors were hired by the students, who also elected the students, who also elected the Rector. In the examination of Rector. In the examination of candidates for degrees, the candidates for degrees, the Professors’ authority was paramount, Professors’ authority was paramount, in all other areas the students in all other areas the students reigned supreme.reigned supreme.

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From the earliest times, universities From the earliest times, universities were subject to external control by were subject to external control by the monarchy, the city states and the the monarchy, the city states and the Church.Church.

In 1217 the students of Bologna In 1217 the students of Bologna University held the city of Bologna to University held the city of Bologna to ransom by withdrawing from the city ransom by withdrawing from the city for three years, until such time as for three years, until such time as their various demands for greater their various demands for greater control over the studium and the life control over the studium and the life of the town itself were met.of the town itself were met.

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At the University of Paris, founded at At the University of Paris, founded at about the same time, the emphasis about the same time, the emphasis was on freedom to teach, and applied was on freedom to teach, and applied to the Professors. to the Professors.

In 1229, the Great Dispersion of staff In 1229, the Great Dispersion of staff and students from Paris to Angers, and students from Paris to Angers, Orleans and Oxford, led to scholarly Orleans and Oxford, led to scholarly liberty being acknowledged as a liberty being acknowledged as a university right. university right.

In 1231, Pope Gregory IX’s famous In 1231, Pope Gregory IX’s famous bull, the magna carta of the bull, the magna carta of the University of Paris, University of Paris, Parens Parens ScientiarumScientiarum lead to scholarly liberty lead to scholarly liberty being acknowledged as a university being acknowledged as a university right.right.

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The Church, the monarch and latterly The Church, the monarch and latterly the nation state, provided academic the nation state, provided academic freedom so that knowledge could freedom so that knowledge could flourish, by the process of critical flourish, by the process of critical debate, and because when they debate, and because when they imposed restrictions on academics, imposed restrictions on academics, the academics responded by moving the academics responded by moving away. From Paris to Oxford, Oxford to away. From Paris to Oxford, Oxford to Cambridge, Cambridge to the USA. Cambridge, Cambridge to the USA. The relationship between the The relationship between the emerging universities and the emerging universities and the Catholic Church was particularly Catholic Church was particularly difficult.difficult.

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Libertas PhilosphandiLibertas PhilosphandiThe philosopher Giordano Bruno, who The philosopher Giordano Bruno, who developed Copernicanism into a developed Copernicanism into a theory of infinite worlds, had spoken theory of infinite worlds, had spoken of the ideal of ‘philosophic freedom’ of the ideal of ‘philosophic freedom’ (philosophica libertas) when he came (philosophica libertas) when he came to take his leave of Wittenberg to take his leave of Wittenberg University in 1588; in his letter to the University in 1588; in his letter to the Rector of Paris University in the same Rector of Paris University in the same year, he depicted himself as the sort year, he depicted himself as the sort of person to whom “there might be of person to whom “there might be granted philosophic licence (liceat granted philosophic licence (liceat philosophice) to judge freely in philosophice) to judge freely in philosophy (in philosophia libere philosophy (in philosophia libere opinari) and to publish his own opinari) and to publish his own opinion”.opinion”.

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““Perchance you who pronounce Perchance you who pronounce my sentence are in greater fear my sentence are in greater fear than I who receive it.”than I who receive it.”

Response by Giordano Bruno to the Response by Giordano Bruno to the Ecclesiastical Court after the Ecclesiastical Court after the pronouncement of the sentence of pronouncement of the sentence of death for heresy, 8th February death for heresy, 8th February 1600.1600.

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Bruno’s ConvictionBruno’s Conviction

The conviction hinged on two pointsThe conviction hinged on two points

• He refused to believe that He refused to believe that Communion bread was literally Communion bread was literally transformed into the body of Christtransformed into the body of Christ

• He refused to recant as heretical He refused to recant as heretical the eight propositions distilled from the eight propositions distilled from his writings by the Inquisitor his writings by the Inquisitor Cardinal Robert Ballarmine.Cardinal Robert Ballarmine.

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In his last defenses, Bruno declared In his last defenses, Bruno declared that the inquisitors had no right to that the inquisitors had no right to dictate what was heresy and what was dictate what was heresy and what was not. This denial of their authority not. This denial of their authority sealed his fate: “You replied that if sealed his fate: “You replied that if the Holy See and the Holiness of Our the Holy See and the Holiness of Our Lord had declared the eight Lord had declared the eight propositions as definitively heretical, propositions as definitively heretical, or that His Holiness knew them to be or that His Holiness knew them to be such, or that they had been so defined such, or that they had been so defined by the Holy Spirit, then you were by the Holy Spirit, then you were disposed to revoke them.”disposed to revoke them.”

Bruno’s UndoingBruno’s Undoing

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Giordano BrunoGiordano BrunoAt dawn on At dawn on February 17February 17thth 1600, 1600, naked and naked and disgraced, Bruno disgraced, Bruno was mounted on a was mounted on a donkey and taken donkey and taken from the prison of from the prison of Tor di Nona to the Tor di Nona to the Campo de Fiori for Campo de Fiori for execution by being execution by being burnt at the stake.burnt at the stake.

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Bruno’s AftermathBruno’s Aftermath

On June 9, 1889, a statue of Bruno On June 9, 1889, a statue of Bruno was unveiled at the site in the was unveiled at the site in the Campo de' Fiori in Rome where he Campo de' Fiori in Rome where he had been burnt at the stake.had been burnt at the stake.

On June 29, 1930, Cardinal Robert On June 29, 1930, Cardinal Robert Bellarmine, Bruno’s inquisitor, was Bellarmine, Bruno’s inquisitor, was canonized by Pope Pius XI.canonized by Pope Pius XI.

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Bruno’s AftermathBruno’s Aftermath““Then there is the lack of Then there is the lack of discernment by many Christians in discernment by many Christians in situations where basic human rights situations where basic human rights were violated. The request for were violated. The request for forgiveness applies to whatever forgiveness applies to whatever should have been done or was should have been done or was passed over in silence because of passed over in silence because of weakness or bad judgement”weakness or bad judgement”John Paul II, General Audience Discourse, September 1, 1999

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Bruno’s AftermathBruno’s AftermathBruno was convicted because he Bruno was convicted because he refused to allow the Church to deny refused to allow the Church to deny him the right of free speech, which him the right of free speech, which is a basic human right. But John is a basic human right. But John Paul II refused to apologise for the Paul II refused to apologise for the Church’s treatment of Bruno, 400 Church’s treatment of Bruno, 400 years after his death. Bellarmine years after his death. Bellarmine was a Saint, and so his judgement was a Saint, and so his judgement could not be in error.could not be in error.

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Wilhelm Von HumboldtWilhelm Von Humboldt

Wilhelm von Humboldt was appointed Wilhelm von Humboldt was appointed to the Prussian civil service in 1802, to the Prussian civil service in 1802, with the job of reforming the with the job of reforming the educational system in the wake of educational system in the wake of Prussia’s defeat by Napoleon. Prussia’s defeat by Napoleon. Humboldt founded Berlin University Humboldt founded Berlin University on new principles which focused on on new principles which focused on the unity of both teaching and the unity of both teaching and research, and the idea that students research, and the idea that students and staff were partners in a joint and staff were partners in a joint enterprise to create knowledge. enterprise to create knowledge. There were four principles in the There were four principles in the Humboldtian university.Humboldtian university.

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Wilhelm Von HumboldtWilhelm Von HumboldtLehrfreiheit:Lehrfreiheit: Professors were free to do Professors were free to do research and report their findings in research and report their findings in lectures or publications. This freedom was lectures or publications. This freedom was not universal but the prerogative of the not universal but the prerogative of the academic profession, and the essential academic profession, and the essential condition of all universities. Academic condition of all universities. Academic freedom was not just the right of professors freedom was not just the right of professors to speak without fear or favor, but the to speak without fear or favor, but the atmosphere of consent surrounding the atmosphere of consent surrounding the whole process of research and instruction. whole process of research and instruction. Professors were salaried civil servants, who Professors were salaried civil servants, who discharged their duties outside the chain of discharged their duties outside the chain of command that encompassed other command that encompassed other government officials. They could determine government officials. They could determine the content of their lectures and publish the content of their lectures and publish their research findings without either their research findings without either seeking prior approval or criticism by the seeking prior approval or criticism by the state or the churchstate or the church

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Wilhelm Von HumboldtWilhelm Von Humboldt

Lernfreiheit:Lernfreiheit: ‘learning freedom’ for ‘learning freedom’ for students who had control of their choice of students who had control of their choice of courses of study save that which they courses of study save that which they needed to prepare them for state needed to prepare them for state professional examinations or to qualify professional examinations or to qualify them for an academic teaching license. them for an academic teaching license. Students were free to find their own Students were free to find their own lodgings and diversions, liberated from lodgings and diversions, liberated from course grades and classroom roll calls, free course grades and classroom roll calls, free to move from place to place sampling to move from place to place sampling academic wares, as mature and self-reliant academic wares, as mature and self-reliant scholars.scholars.

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Wilhelm Von HumboldtWilhelm Von HumboldtFreiheit der Wissenschaft: Freiheit der Wissenschaft: the right of the right of academic self-governance and institutional academic self-governance and institutional autonomy. Universities could make their autonomy. Universities could make their own decisions on internal matters under own decisions on internal matters under the direction of the senior faculty. This the direction of the senior faculty. This right was deemed necessary to protect the right was deemed necessary to protect the freedoms of teaching and research, as freedoms of teaching and research, as without such protection, the university, it without such protection, the university, it was thought, would be dangerously was thought, would be dangerously vulnerable to government or religious vulnerable to government or religious censorship. Without broad institutional censorship. Without broad institutional powers, the academy, it was feared, would powers, the academy, it was feared, would be at the mercy of the state or church. be at the mercy of the state or church. Hence institutional autonomy was Hence institutional autonomy was indispensable to academic freedomindispensable to academic freedom

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Wilhelm Von HumboldtWilhelm Von HumboldtEinheit von Lehre und Forschung:Einheit von Lehre und Forschung: unity of unity of teaching and research, and the teaching and research, and the collaborative pursuit of these by staff and collaborative pursuit of these by staff and students. Von Humboldt thought that the students. Von Humboldt thought that the university’s task was the ‘cultivation of university’s task was the ‘cultivation of science and scholarship in the deepest and science and scholarship in the deepest and broadest sense,’ in which ‘Collaboration broadest sense,’ in which ‘Collaboration operates through a process in which the operates through a process in which the successful intellectual achievements of one successful intellectual achievements of one person arouse the intellectual passions and person arouse the intellectual passions and enthusiasms of others.’ Hence ‘the goals of enthusiasms of others.’ Hence ‘the goals of science and scholarship are worked towards science and scholarship are worked towards most effectively through the synthesis of most effectively through the synthesis of the teacher's and the students' the teacher's and the students' dispositions’ University teaching aided both dispositions’ University teaching aided both lecturer and student as true knowledge lecturer and student as true knowledge emerged in the ‘interplay between emerged in the ‘interplay between experience and enthusiasm’experience and enthusiasm’

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Wilhelm Von HumboldtWilhelm Von HumboldtThe Humboldtian university model, with its The Humboldtian university model, with its emphasis on academic freedom, was taken emphasis on academic freedom, was taken up by most state university systems in up by most state university systems in Europe and the United States – in 1876, the Europe and the United States – in 1876, the Johns Hopkins University was founded as Johns Hopkins University was founded as the first American institution offering the first American institution offering graduate education on the German model. graduate education on the German model. Of the fifty-three Hopkins faculty members Of the fifty-three Hopkins faculty members when the university was first established, when the university was first established, nearly all had studied at German nearly all had studied at German universities. They adopted the German universities. They adopted the German method of instruction, relying on lectures, method of instruction, relying on lectures, seminars, and laboratories. Johns Hopkins seminars, and laboratories. Johns Hopkins became the model for the modern became the model for the modern American research university. American research university.

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THE NEED FOR A WORKING DEFINITIONTHE NEED FOR A WORKING DEFINITION THE NEED FOR ADEQUATE PROTECTIONTHE NEED FOR ADEQUATE PROTECTIONACADEMIC FREEDOM IS IMPORTANT: to staff, ACADEMIC FREEDOM IS IMPORTANT: to staff,



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What is Academic Freedom?What is Academic Freedom?

Academic freedom is often mentioned Academic freedom is often mentioned in supra-national agreements and the in supra-national agreements and the constitutions of nation states.constitutions of nation states.

Council of Europe (2006)Council of Europe (2006) Recommendation on Academic Recommendation on Academic Freedom and University AutonomyFreedom and University Autonomy: : “Higher education institutions should “Higher education institutions should enjoy full academic autonomy and enjoy full academic autonomy and freedom”freedom”

EU (2000)EU (2000) Charter on Fundamental Charter on Fundamental Rights:Rights: “The arts and scientific “The arts and scientific research shall be free of constraint. research shall be free of constraint. Academic freedom shall be Academic freedom shall be respected”respected”

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What is Academic Freedom?What is Academic Freedom?Spanish ConstitutionSpanish Constitution 1978 Article 20 1978 Article 20 ‘The following rights are recognized ‘The following rights are recognized and protected: a) To express and and protected: a) To express and disseminate thoughts freely through disseminate thoughts freely through words, writing, or any other means of words, writing, or any other means of reproduction; b) Literary, artistic, reproduction; b) Literary, artistic, scientific, and technical production, scientific, and technical production, and creation; c) Academic freedom.’and creation; c) Academic freedom.’

Greek Constitution:Greek Constitution: Article 16: ‘Art Article 16: ‘Art and science, research, and teaching and science, research, and teaching are free . . . Academic freedom and are free . . . Academic freedom and the freedom to teach do not override the freedom to teach do not override the duty to obey the Constitution.’the duty to obey the Constitution.’

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What is Academic Freedom?What is Academic Freedom?

However, although such documents However, although such documents suggest that academic freedom is suggest that academic freedom is important, and needs protection – important, and needs protection – they do not specify what the concept they do not specify what the concept of academic freedom actually of academic freedom actually encompasses.encompasses.

Surprisingly, academics have been Surprisingly, academics have been unable (or unwilling!) to define a unable (or unwilling!) to define a concept which is supposedly of concept which is supposedly of singular importance to their teaching singular importance to their teaching and research, but they may have a and research, but they may have a vested interest in resisting vested interest in resisting definitional clarity.definitional clarity.

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Problems of DefinitionProblems of DefinitionTierneyTierney: ‘academic freedom, like : ‘academic freedom, like democracy, is ageless; it transcends democracy, is ageless; it transcends time and is passed down from one time and is passed down from one generation to the next.’ generation to the next.’

HorwitzHorwitz: ‘academic freedom is not a : ‘academic freedom is not a stable or uniform concept. It is a stable or uniform concept. It is a constantly shifting and deeply constantly shifting and deeply contested idea, grounded on very contested idea, grounded on very different views of what universities different views of what universities are meant to achieve and how they are meant to achieve and how they should operate’ should operate’

FuchsFuchs: ‘academic freedom rests on a : ‘academic freedom rests on a variety of cultural and institutional variety of cultural and institutional factors; (and) changes from time to factors; (and) changes from time to time and from place to place’time and from place to place’

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Problems of DefinitionProblems of Definition

Schmitt:Schmitt: ‘politicians have become ‘politicians have become very wary of beingvery wary of being labelled labelled enemies enemies of freedom for attacking academics . . of freedom for attacking academics . . . . The confusions surrounding the The confusions surrounding the concept of academic freedom . . . concept of academic freedom . . . have been extremely helpful in this have been extremely helpful in this campaign’campaign’

Rabban:Rabban: ‘several professors of ‘several professors of medicine asserted that universities medicine asserted that universities had violated their academic freedom had violated their academic freedom by limiting their clinical income to by limiting their clinical income to 100,000 dollars100,000 dollars’’

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Academic freedom is a “freedom”, Academic freedom is a “freedom”, that is a liberty marked by the that is a liberty marked by the absence of restraints or threats absence of restraints or threats against its exercise, rather than a against its exercise, rather than a “right”, that is an enforceable claim “right”, that is an enforceable claim upon the assets of others. upon the assets of others.

Consequently, academic freedom is Consequently, academic freedom is most often defined by a violation or most often defined by a violation or an abridgment of a particular right. In an abridgment of a particular right. In other words, academic freedom is other words, academic freedom is often defined by its denial.often defined by its denial.

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American Association of University American Association of University Professors:Professors:

‘‘Teachers are entitled to full freedom Teachers are entitled to full freedom in research and in the publication of in research and in the publication of the results.’the results.’

‘‘Teachers are entitled to freedom in Teachers are entitled to freedom in the classroom in discussing their the classroom in discussing their subject, but they should be careful subject, but they should be careful not to introduce into their teaching not to introduce into their teaching controversial matter which has no controversial matter which has no relation to their subjectrelation to their subject.’.’

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‘‘Academic freedom is not the Academic freedom is not the freedom to speak or teach just as one freedom to speak or teach just as one wishes. It is the freedom to pursue wishes. It is the freedom to pursue the scholarly profession, inside and the scholarly profession, inside and outside the classroom, according to outside the classroom, according to the norms and standards of that the norms and standards of that professionprofession.’.’

Finkin, M., and Post, R., (2009) Finkin, M., and Post, R., (2009) For For the Common Good: Principles of the Common Good: Principles of American Academic FreedomAmerican Academic Freedom, New , New Have: Yale University Press, p.149Have: Yale University Press, p.149

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Two other elements: ‘the two Two other elements: ‘the two principal institutional bulwarks for principal institutional bulwarks for academic freedom’academic freedom’

Tenure:Tenure: security of employment after security of employment after a successful probationary period.a successful probationary period.

Self Governance:Self Governance: the ability to the ability to appoint staff to managerial positions appoint staff to managerial positions via democratic selection, and to via democratic selection, and to affect institutional policy.affect institutional policy.

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Academic Freedom in the EUAcademic Freedom in the EU

In November 1997, 182 member nations of In November 1997, 182 member nations of UNESCO (including the 27 EU member UNESCO (including the 27 EU member states) signed the UNESCO states) signed the UNESCO Recommendation on the Status of Higher Recommendation on the Status of Higher Education PersonnelEducation Personnel which stated that: which stated that: ‘the ‘the right to education, teaching and research right to education, teaching and research can only be fully enjoyed in an atmosphere can only be fully enjoyed in an atmosphere of academic freedom ... the open of academic freedom ... the open communication of findings, hypotheses and communication of findings, hypotheses and opinions lies at the very heart of higher opinions lies at the very heart of higher education and provides the strongest education and provides the strongest guarantee of the accuracy and objectivity of guarantee of the accuracy and objectivity of scholarship and research.’scholarship and research.’

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The The RecommendationRecommendation provides detailed provides detailed protection for academic freedom in protection for academic freedom in fourfour critical areas.critical areas.

Institutional AutonomyInstitutional Autonomy - ‘self-governance - ‘self-governance necessary for effective decision making by necessary for effective decision making by institutions of higher education’institutions of higher education’

Individual freedomsIndividual freedoms - ‘freedom of teaching - ‘freedom of teaching and discussion, freedom in carrying out and discussion, freedom in carrying out research’research’

Self governanceSelf governance - ‘the right to elect a - ‘the right to elect a majority of representatives to academic majority of representatives to academic bodies’bodies’

TenureTenure - ‘Tenure should be safeguarded as - ‘Tenure should be safeguarded as far as possible’far as possible’

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To test compliance with the 1997 UNESCO To test compliance with the 1997 UNESCO RecommendationRecommendation , information was , information was gathered from the 27 EU member states on, gathered from the 27 EU member states on, institutional autonomy, academic freedom, institutional autonomy, academic freedom, institutional governance, and academic institutional governance, and academic tenure. tenure.

Problems with the data, and also with the Problems with the data, and also with the UNESCO definition, meant that assessing UNESCO definition, meant that assessing compliance was problematic. Consequently compliance was problematic. Consequently on the basis of the relevant legislation, on the basis of the relevant legislation, each nation was adjudged to be in each nation was adjudged to be in compliance, qualified compliancecompliance, qualified compliance, or , or non-non-compliancecompliance with the UNESCO with the UNESCO RecommendationRecommendation..

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AustriaAustria ComplianceCompliance LatviaLatvia ComplianceCompliance

BelgiumBelgium ComplianceCompliance LithuaniaLithuania ComplianceCompliance

BulgariaBulgaria ComplianceCompliance LuxembourgLuxembourg ComplianceCompliance

CyprusCyprus Non ComplianceNon Compliance MaltaMalta ComplianceCompliance

Czech RepublicCzech Republic ComplianceCompliance NetherlandsNetherlands ComplianceCompliance

DenmarkDenmark Non ComplianceNon Compliance PolandPoland ComplianceCompliance

EstoniaEstonia ComplianceCompliance PortugalPortugal ComplianceCompliance

FinlandFinland ComplianceCompliance RomaniaRomania ComplianceCompliance

FranceFrance ComplianceCompliance SlovakiaSlovakia ComplianceCompliance

GermanyGermany ComplianceCompliance SloveniaSlovenia ComplianceCompliance

GreeceGreece ComplianceCompliance SpainSpain ComplianceCompliance

HungaryHungary ComplianceCompliance SwedenSweden ComplianceCompliance

IrelandIreland ComplianceCompliance U.K.U.K. ComplianceCompliance

ItalyItaly ComplianceCompliance

Are the universities autonomous?Are the universities autonomous?

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AustriaAustria ComplianceCompliance LatviaLatvia ComplianceCompliance

BelgiumBelgium Qualified ComplianceQualified Compliance LithuaniaLithuania ComplianceCompliance

BulgariaBulgaria ComplianceCompliance LuxembourgLuxembourg Qualified ComplianceQualified Compliance

CyprusCyprus Qualified ComplianceQualified Compliance MaltaMalta Non ComplianceNon Compliance

Czech RepublicCzech Republic ComplianceCompliance NetherlandsNetherlands Qualified ComplianceQualified Compliance

DenmarkDenmark Qualified ComplianceQualified Compliance PolandPoland ComplianceCompliance

EstoniaEstonia Qualified ComplianceQualified Compliance PortugalPortugal Qualified ComplianceQualified Compliance

FinlandFinland ComplianceCompliance RomaniaRomania Qualified ComplianceQualified Compliance

FranceFrance ComplianceCompliance SlovakiaSlovakia ComplianceCompliance

GermanyGermany Qualified ComplianceQualified Compliance SloveniaSlovenia ComplianceCompliance


HungaryHungary ComplianceCompliance SwedenSweden Qualified ComplianceQualified Compliance

IrelandIreland ComplianceCompliance U.K.U.K. Non ComplianceNon Compliance


Is academic freedom protected in law?Is academic freedom protected in law?

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Do academic staff have self governance?Do academic staff have self governance?

AustriaAustria Qualified ComplianceQualified Compliance LatviaLatvia ComplianceCompliance

BelgiumBelgium Qualified ComplianceQualified Compliance LithuaniaLithuania ComplianceCompliance


CyprusCyprus Non ComplianceNon Compliance MaltaMalta Qualified ComplianceQualified Compliance

Czech RepublicCzech Republic ComplianceCompliance NetherlandsNetherlands Non ComplianceNon Compliance

DenmarkDenmark Non ComplianceNon Compliance PolandPoland ComplianceCompliance

EstoniaEstonia ComplianceCompliance PortugalPortugal ComplianceCompliance


FranceFrance Non ComplianceNon Compliance SlovakiaSlovakia ComplianceCompliance



HungaryHungary ComplianceCompliance SwedenSweden Non ComplianceNon Compliance

IrelandIreland Qualified ComplianceQualified Compliance U.K.U.K. Non ComplianceNon Compliance


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Does academic tenure exist?Does academic tenure exist?

AustriaAustria Qualified ComplianceQualified Compliance LatviaLatvia Qualified ComplianceQualified Compliance

BelgiumBelgium ComplianceCompliance LithuaniaLithuania Qualified ComplianceQualified Compliance


CyprusCyprus ComplianceCompliance MaltaMalta Non ComplianceNon Compliance

Czech RepublicCzech Republic ComplianceCompliance NetherlandsNetherlands Qualified ComplianceQualified Compliance

DenmarkDenmark Qualified ComplianceQualified Compliance PolandPoland ComplianceCompliance

EstoniaEstonia Qualified ComplianceQualified Compliance PortugalPortugal ComplianceCompliance


FranceFrance Qualified ComplianceQualified Compliance SlovakiaSlovakia Qualified ComplianceQualified Compliance



HungaryHungary ComplianceCompliance SwedenSweden ComplianceCompliance

IrelandIreland ComplianceCompliance U.K.U.K. Non ComplianceNon Compliance

ItalyItaly Qualified ComplianceQualified Compliance

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NationNationLegal Legal

AutonomyAutonomyAcademic freedom Academic freedom protected in lawprotected in law

Academic staff have Academic staff have self governanceself governance

Academic tenure Academic tenure existsexists

BulgariaBulgaria ComplianceCompliance ComplianceCompliance ComplianceCompliance ComplianceCompliance

Czech RepublicCzech Republic ComplianceCompliance ComplianceCompliance ComplianceCompliance ComplianceCompliance

FinlandFinland ComplianceCompliance ComplianceCompliance ComplianceCompliance ComplianceCompliance

HungaryHungary ComplianceCompliance ComplianceCompliance ComplianceCompliance ComplianceCompliance

PolandPoland ComplianceCompliance ComplianceCompliance ComplianceCompliance ComplianceCompliance

SloveniaSlovenia ComplianceCompliance ComplianceCompliance ComplianceCompliance ComplianceCompliance

SpainSpain ComplianceCompliance ComplianceCompliance ComplianceCompliance ComplianceCompliance

GreeceGreece ComplianceCompliance Qualified ComplianceQualified Compliance ComplianceCompliance ComplianceCompliance

IrelandIreland ComplianceCompliance ComplianceCompliance Qualified ComplianceQualified Compliance ComplianceCompliance

ItalyItaly ComplianceCompliance ComplianceCompliance ComplianceCompliance Qualified ComplianceQualified Compliance

LatviaLatvia ComplianceCompliance ComplianceCompliance ComplianceCompliance Qualified ComplianceQualified Compliance

LithuaniaLithuania ComplianceCompliance ComplianceCompliance ComplianceCompliance Qualified ComplianceQualified Compliance

PortugalPortugal ComplianceCompliance Qualified ComplianceQualified Compliance ComplianceCompliance ComplianceCompliance

RomaniaRomania ComplianceCompliance Qualified ComplianceQualified Compliance ComplianceCompliance ComplianceCompliance

Summary Table: High ComplianceSummary Table: High Compliance

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NationNation Legal AutonomyLegal AutonomyAcademic freedom Academic freedom protected in lawprotected in law

Academic staff have Academic staff have self governanceself governance

Academic tenure Academic tenure existsexists

SlovakiaSlovakia ComplianceCompliance ComplianceCompliance ComplianceCompliance Qualified ComplianceQualified Compliance

AustriaAustria ComplianceCompliance ComplianceCompliance Qualified ComplianceQualified Compliance Qualified ComplianceQualified Compliance

BelgiumBelgium ComplianceCompliance Qualified ComplianceQualified Compliance Qualified ComplianceQualified Compliance ComplianceCompliance

EstoniaEstonia ComplianceCompliance Qualified ComplianceQualified Compliance ComplianceCompliance Qualified ComplianceQualified Compliance

GermanyGermany ComplianceCompliance Qualified ComplianceQualified Compliance Qualified ComplianceQualified Compliance Qualified ComplianceQualified Compliance

LuxembourgLuxembourg ComplianceCompliance Qualified ComplianceQualified Compliance Qualified ComplianceQualified Compliance Qualified ComplianceQualified Compliance

FranceFrance ComplianceCompliance ComplianceCompliance Non ComplianceNon Compliance Qualified ComplianceQualified Compliance

SwedenSweden ComplianceCompliance Qualified ComplianceQualified Compliance Non ComplianceNon Compliance ComplianceCompliance

NetherlandsNetherlands ComplianceCompliance Qualified ComplianceQualified Compliance Non ComplianceNon Compliance Qualified ComplianceQualified Compliance

CyprusCyprus Non ComplianceNon Compliance Qualified ComplianceQualified Compliance Non ComplianceNon Compliance ComplianceCompliance

MaltaMalta ComplianceCompliance Non ComplianceNon Compliance Qualified ComplianceQualified Compliance Non ComplianceNon Compliance

DenmarkDenmark Non ComplianceNon Compliance Qualified ComplianceQualified Compliance Non ComplianceNon Compliance Qualified ComplianceQualified Compliance

U.K.U.K. ComplianceCompliance Non ComplianceNon Compliance Non ComplianceNon Compliance Non ComplianceNon Compliance

Summary Table: Low ComplianceSummary Table: Low Compliance

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Academic Freedom in the EUAcademic Freedom in the EUThe summary table shows that only about The summary table shows that only about one third of EU states are fully compliant one third of EU states are fully compliant with all aspects of the UNESCO with all aspects of the UNESCO Recommendation, Recommendation, but that in the majority but that in the majority of states there is either complete or of states there is either complete or qualified compliance with the majority of qualified compliance with the majority of the elements of the UNESCOthe elements of the UNESCO

Recommendation.Recommendation.

This minority of fully compliant states This minority of fully compliant states includes those which have been under includes those which have been under totalitarian control recently (e.g. Hungary, totalitarian control recently (e.g. Hungary, Poland, etc.) Poland, etc.) These nations have recently These nations have recently re-written their constitutions and their re-written their constitutions and their higher education legislation, hence their higher education legislation, hence their experiences of undemocratic rule may have experiences of undemocratic rule may have led them to better appreciate the benefits led them to better appreciate the benefits of academic freedom.of academic freedom.

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Why is academic freedom Why is academic freedom important?important?To Academics:To Academics: “The essentiality of freedom “The essentiality of freedom

in the community of American universities in the community of American universities is almost self-evident. … Scholarship cannot is almost self-evident. … Scholarship cannot flourish in an atmosphere of suspicion and flourish in an atmosphere of suspicion and distrust. Teachers and students must distrust. Teachers and students must always remain free to inquire, to study and always remain free to inquire, to study and to evaluate, to gain new maturity and to evaluate, to gain new maturity and understanding; otherwise our civilization understanding; otherwise our civilization will stagnate and die.” U.S. Supreme Court will stagnate and die.” U.S. Supreme Court (1957) (1957) Sweezy v. New HampshireSweezy v. New Hampshire, 354 U.S. , 354 U.S. 234.234.

Without academic freedom research, major Without academic freedom research, major scientific discoveries, which have scientific discoveries, which have irrevocably altered society, would not have irrevocably altered society, would not have occurred – Russell’s occurred – Russell’s Principia MathematicaPrincipia Mathematica, , the discovery of DNA. the discovery of DNA.

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Why is academic freedom Why is academic freedom important?important?The location of new knowledge, by The location of new knowledge, by

definition, is unknown. Hence to try to definition, is unknown. Hence to try to “manage” the process of the discovery of “manage” the process of the discovery of such knowledge is as easy as trying to such knowledge is as easy as trying to manage the weather – which similarly is manage the weather – which similarly is unknown and unpredictable. We may be unknown and unpredictable. We may be able to forecast the weather – but we can able to forecast the weather – but we can not control it. Within an economy based on not control it. Within an economy based on knowledge, universities have a unique and knowledge, universities have a unique and important role – but to maximise the important role – but to maximise the possibility of new knowledge emerging, to possibility of new knowledge emerging, to serve the knowledge economy, requires serve the knowledge economy, requires moremore, not , not lessless, academic freedom. , academic freedom. Moreover trying to manage the process of Moreover trying to manage the process of knowledge discovery merely slows it down, knowledge discovery merely slows it down, rather than speeding it up. rather than speeding it up.

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Why is academic freedom Why is academic freedom important?important?To Students:To Students: ‘universities began as ‘universities began as

voluntary and spontaneous assemblages or voluntary and spontaneous assemblages or concourses for students to speak and to concourses for students to speak and to write and to learn. . . . The quality and write and to learn. . . . The quality and creative power of student intellectual life to creative power of student intellectual life to this day remain a vital measure of a this day remain a vital measure of a school’s influence and attainment. For the school’s influence and attainment. For the University, by regulation, to cast University, by regulation, to cast disapproval on particular viewpoints of its disapproval on particular viewpoints of its students risks the suppression of free students risks the suppression of free speech and creative inquiry in one of the speech and creative inquiry in one of the vital centers for the nation’s intellectual vital centers for the nation’s intellectual life, its college and university campuses’ US life, its college and university campuses’ US Supreme Court, (1995) Supreme Court, (1995) Rosenberger v. Rosenberger v. Rector and Visitors of the University of Rector and Visitors of the University of VirginiaVirginia, 515 U.S. 819., 515 U.S. 819.

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Why is academic freedom Why is academic freedom important?important?To Universities:To Universities: ‘This spirit of academic ‘This spirit of academic

freedom within the university has a value freedom within the university has a value which goes beyond protecting the which goes beyond protecting the individual's broad scope of thought and individual's broad scope of thought and inquiry. . . . If a university is alive and inquiry. . . . If a university is alive and productive, it is a place where colleagues productive, it is a place where colleagues are in constant dispute; defending their are in constant dispute; defending their latest intellectual enthusiasm, attacking the latest intellectual enthusiasm, attacking the contrary views of others. . . . It is vital that contrary views of others. . . . It is vital that this contest be uninhibited by fear of this contest be uninhibited by fear of reprisal.’reprisal.’

Kingman Brewster, President of Yale for Kingman Brewster, President of Yale for over a decade (and later Master of over a decade (and later Master of University College, Oxford)University College, Oxford)

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Why is academic freedom Why is academic freedom important?important?To Society:To Society: Academic freedom is considered Academic freedom is considered

vital to the proper functioning of a vital to the proper functioning of a University and, is recognised by University and, is recognised by international bodies like UNESCO as a international bodies like UNESCO as a barometer of other fundamental human barometer of other fundamental human rights, such as freedom of speech. In the rights, such as freedom of speech. In the past struggles for freedom of speech, past struggles for freedom of speech, university academics were often prominent, university academics were often prominent, not least because their specialist knowledge not least because their specialist knowledge enabled them to mount valid attacks on enabled them to mount valid attacks on dictatorial governments, monarchies and dictatorial governments, monarchies and the church. In addition to being important the church. In addition to being important to universities and their academics, to universities and their academics, academic freedom is an indicative facet of academic freedom is an indicative facet of freedom within the larger society, such that freedom within the larger society, such that malaise in academe is related to, and malaise in academe is related to, and symptomatic of, that in the body politic as a symptomatic of, that in the body politic as a whole. whole.

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Some final words by Giordano Some final words by Giordano BrunoBruno

Declaration about the scholars of England, Declaration about the scholars of England, particularly those of Oxford: particularly those of Oxford:

““A constellation of the most pedantic, A constellation of the most pedantic, obstinate ignorance and presumption, obstinate ignorance and presumption,

mixed with a kind of rustic incivility, which mixed with a kind of rustic incivility, which would try the patience of Job.”would try the patience of Job.”

(1584) (1584) La Cena de le CeneriLa Cena de le Ceneri ((The Ash Wednesday SupperThe Ash Wednesday Supper))

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Recent PublicationsRecent PublicationsKarran, T., (2007) “Academic Freedom in Karran, T., (2007) “Academic Freedom in Europe: A Preliminary Comparative Europe: A Preliminary Comparative Analysis”, Analysis”, Higher Education PolicyHigher Education Policy, 34(2): , 34(2): 289-313.289-313.

Karran, T., (2009) “Academic Freedom: In Karran, T., (2009) “Academic Freedom: In Justification of a Universal Ideal”, Justification of a Universal Ideal”, Studies in Studies in Higher EducationHigher Education, 34(3): 263-283., 34(3): 263-283.

Karran, T., (2009) “Academic Freedom in Karran, T., (2009) “Academic Freedom in Europe: Reviewing UNESCO’s Europe: Reviewing UNESCO’s RecommendationRecommendation”, ”, British Journal of British Journal of Educational StudiesEducational Studies, 57(2): 191-215., 57(2): 191-215.

Karran, T., (2009) “Academic Freedom in Karran, T., (2009) “Academic Freedom in Europe: Time for a Europe: Time for a Magna ChartaMagna Charta?”, ?”, Higher Higher Education PolicyEducation Policy, 22(2):163-189., 22(2):163-189.

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Thank you for listening!Thank you for listening!

If you would like a copy of this If you would like a copy of this presentation, or copies of the presentation, or copies of the

articles on academic freedom, articles on academic freedom, then please contact me by email: then please contact me by email:

[email protected]@lincoln.ac.uk

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