Academic Freedom and the Law: A Comparative Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States. ...The book outlines the various claims which may be made to academic freedom by individual university teachers and by universities and other higher education institutions, and it examines the justifications which have been put forward for these claims. Three separate chapters deal with the legal principles of academic freedom in the UK, Germany, and the USA. A further chapter is devoted to the restrictions on freedom of research which may be imposed by the regulation of clinical trials, by intellectual property laws, and by the terms of contracts made between researchers and the companies sponsoring medical and other research. The book also examines the impact of recent terrorism laws on the teaching and research freedom of academics, and it discusses their freedom to speak about general political and social topics unrelated to their work. This is the first comparative study of a subject of fundamental importance to all academics and others working in universities. It emphasises the importance of academic freedom, while pointing out that, on occasion, exaggerated claims have been made to its exercise.
EPDF and EPUB available Open Access under CC-BY-NC-ND licence.
Examining countries where religious pluralism is in decline, including Iraq, India, Pakistan and Nigeria, this book brings together ...reflections, knowledge and learning about the daily experiences of religious minorities, generated using participatory research methods. It also showcases the participatory methodologies implemented by its international team of contributors and highlights the importance of using non-extractive methods for engaging with participants.
Including a careful consideration of the ethics and limitations of participatory research with persecuted groups, the book reflects on the implications for people’s agency when research creates space for them to reflect on their realities in a group setting and uses methods which put their own experience and analysis at the centre of the process.
University commons divided MacKinnon, Peter
University commons divided,
2018, 20180116, 2019, 2018, 2018-01-16, 2018-01-18
eBook
In recent years, a number of controversies have emerged from inside Canadian universities. While some of these controversies reflect debates occurring at a broader societal level, others are unique ...to the culture of universities and the way in which they are governed. In University Commons Divided, Peter MacKinnon provides close readings of a range of recent incidents with a view to exploring new challenges within universities and the extent to which the idea of the university as 'commons,' a site for open and contentious disagreement, may be under threat. Among the incidents addressed in this book are the Jennifer Berdahl case in which a UBC professor alleged a violation of her academic freedom when she was phoned by the university's board chair to discuss her blog on which she speculated about the reasons for the university president's departure from office; the case of Root Gorelick, a Carleton University biologist and member of the university's board of governors who refused to sign a code of conduct preventing public discussion of internal board discussions; the Facebook scandal at Dalhousie University's Faculty of Dentistry in which male students posted misogynistic comments about their female classmates. These and many other examples of turmoil in universities across the country are used to reach new insights on the state of freedom of expression and academic governance in the contemporary university. Accessibly written and perceptively argued, University Commons Divided is a timely and bold examination of the pressures seeking to transform the culture and governance of universities.
This book explores the implementation of the UK's FOI law under Tony Blair, showing how the radical policy was weakened by compromises and clandestine agreements before reaching the statute book, ...though it went on to be controversial and disruptive nonetheless.
This open access monograph argues established democratic norms for freedom of expression should be implemented on the internet. Moderating policies of tech companies as Facebook, Twitter and Google ...have resulted in posts being removed on an industrial scale. While this moderation is often encouraged by governments - on the pretext that terrorism, bullying, pornography, “hate speech” and “fake news” will slowly disappear from the internet - it enables tech companies to censure our society. It is the social media companies who define what is blacklisted in their community standards. And given the dominance of social media in our information society, we run the risk of outsourcing the definition of our principles for discussion in the public domain to private companies. Instead of leaving it to social media companies only to take action, the authors argue democratic institutions should take an active role in moderating criminal content on the internet. To make this possible, tech companies should be analyzed whether they are approaching a monopoly. Antitrust legislation should be applied to bring those monopolies within democratic governmental oversight. Despite being in different stages in their lives, Anne Mette is in the startup phase of her research career, while Frederik is one of the most prolific philosophers in Denmark, the authors found each other in their concern about Free Speech on the internet. The book was originally published in Danish as Dit opslag er blevet fjernet - techgiganter & ytringsfrihed. Praise for 'Your Post has been Removed' "From my perspective both as a politician and as private book collector, this is the most important non-fiction book of the 21st Century. It should be disseminated to all European citizens. The learnings of this book and the use we make of them today are crucial for every man, woman and child on earth. Now and in the future.” Jens Rohde, member of the European Parliament for the Alliance of Liberals and Democrats for Europe “This timely book compellingly presents an impressive array of information and analysis about the urgent threats the tech giants pose to the robust freedom of speech and access to information that are essential for individual liberty and democratic self-government. It constructively explores potential strategies for restoring individual control over information flows to and about us. Policymakers worldwide should take heed!” Nadine Strossen, Professor, New York Law School. Author, HATE: Why We Should Resist It with Free Speech, Not Censorship
The modern university is sustained by academic freedom; it guarantees higher education's independence, its quality, and its success in educating students. The need to uphold those values would seem ...obvious. Yet the university is presently under siege from all corners; workers are being exploited with paltry salaries for full-time work, politics and profit rather than intellectual freedom govern decision-making, and professors are being monitored for the topics they teach.
No University Is an Islandoffers a comprehensive account of the social, political, and cultural forces undermining academic freedom. At once witty and devastating, it confronts these threats with exceptional frankness, then offers a prescription for higher education's renewal. In an insider's account of how the primary organization for faculty members nationwide has fought the culture wars, Cary Nelson, the current President of the American Association of University Professors, unveils struggles over governance and unionization and the increasing corporatization of higher education. Peppered throughout with previously unreported, and sometimes incendiary, higher education anecdotes, Nelson is at his flame-throwing best.
The book calls on higher education's advocates of both the Left and the Right to temper conviction with tolerance and focus on higher education's real injustices. Nelson demands we stop denying teachers, student workers, and other employees a living wage and basic rights. He urges unions to take up the larger cause of justice. And he challenges his own and other academic organizations to embrace greater democracy.
With broad and crucial implications for the future,No University Is an Islandwill be the benchmark against which we measure the current definitive struggle for academic freedom.
This book features new perspectives on the ethics and politics of free speech. Contributors draw on insights from philosophy, psychology, political theory, journalism, literature, and history to ...respond to pressing problems involving free speech in liberal societies. Recent years have seen an explosion of academic interest in free speech. However, most recent work has focused on constitutional protections for free speech and on issues related to academic freedom and campus politics. The chapters in this volume set their sights more broadly on the non-state problems that we collectively face in attempting to realize a healthy environment for free discourse. The volume’s contributors share the assumption that threats to free speech do not come exclusively from state sources or bad actors, but from ordinary strategic situations in which all may be acting in good faith. Contributors take seriously the idea that our current cultural moment provides plenty of reason to be concerned about our intellectual climate and offer new insights for how to make things better. New Directions in the Ethics and Politics of Speech will be of interest to researchers and students working in ethics, political philosophy, social theory, and law.
In this book, Amy Lai examines the current free speech crisis in Western universities. She studies the origin, history, and importance of freedom of speech in the university setting, and addresses ...the relevance and pitfalls of political correctness and microaggressions on campuses, where laws on harassment, discrimination, and hate speech are already in place, along with other concepts that have gained currency in the free speech debate, including deplatforming, trigger warning, and safe space. Looking at numerous free speech disputes in the United Kingdom, the United States, and Canada, the book argues for the equal application of the free speech principle to all expressions to facilitate respectful debates. All in all, it affirms that the right to free expression is a natural right essential to the pursuit of truth, democratic governance, and self-development, and this right is nowhere more important than in the university.
Addressing a host of hot-button issues, Horwitz argues that rigidly doctrinal interpretation renders First Amendment law inept in the face of messy, real-world situations. Courts should let ...institutions with a stake in these freedoms do more work to enforce them. Self-regulation and public criticism should be the key restraints, not judicial fiat.
