Academic freedom
UNIKE Workshop 4: Management Technologies
University of Roehampton, London,
9 September, 09.30-10.30
Sina Westa
Content
1. The concept of freedom
2. Academic freedom
1. Some definitions
2. Socrates
3. Humboldt
4. Academic freedom in the EU
3. Partners own practice
Freedom(s)
ACADEMIC FREEDOM
Freedom of speech
freedom of choice
Free will
free will
FREE
Freedom of association
Civil liberties
Rights
Economic freedom
Autonomy (in the sense of “giving oneself one’s own laws)
Liberty
Political freedom
Freedom of assembly
freedom of thoughts
Research Freedom
Intellectual freedom
Scientific freedom
What is Freedom?
„The power or right to act, speak, or think as one wants“
• „Absence of subjection to foreign domination or despotic government“
• „The power of self-determination attribution to the will; the quality of being
independent of fate or necessity.“
• „The state of not being imprisoned or enslaved.“
• „The unrestricted use of something“
Distinguish between
1. Freedom from: The state of being subject to or affected by (something
undesirable)
2. Freedom of: A special privilege or right of access, especially that of full
citizenship granted to a public figure as honour
(Oxford, dictionary)
Plato´s allegory of the cave freedom an issue of perspective?
Academic freedom some scholarly definitions
• “Academic freedom I define as the right of the scholar in his/her teaching and research
to follow truth where it seems to lead without fear of punishment for having violated
some political, social or religious orthodoxy” (Berdahl, 2010:2)
• “"ACADEMIC FREEDOM" typically is taken to mean, at least in British senior common
rooms and among faculty members in the United States, that academics and scholars
should be free to pursue and proclaim the truth in both teaching and research without
interference from unqualified outsiders.” (Moodie, 1996:129)
• “academic possess intellectual freedom but not moral freedom. They are free to
express their ideas, but not free to express their behaviour” (Manan, 2000:265)
• “Universities have a tradition of privileging certain categories of people by providing
them with the place and space in which they could develop the intra and inter-psychic
freedom to exercise defiant imagination, either collectively or in isolation. This is
academic freedom. Having this freedom does not, of course, mean that it will be
exercised.”(Boden & Epstein, 2011: 478)
• “[…]academic freedom is absolute. Free speech cannot be granted selectively, or it is
not free speech at all.” (Hayes cited in McCrae, 2011:131)
Why do we need academic freedom a
historical perspective?
SOCRATES “I say, then, to you, O Athenians! who have condemned me to
death, that immediately after my death a punishment will overtake you, far
more severe, by Jupiter! than that which you have inflicted on me. For you
have done this, thinking you should be freed from the necessity of giving an
account of your lives. The very contrary, however, as I affirm, will happen to
you. Your accusers will be more numerous, whom I have now restrained,
though you did not perceive it; and they will be more severe, in as much as
they are younger, and you will be more indignant. For if you think that by
putting men to death you will restrain any one from upbraiding you
because you do not live well, you are much mistaken; for this method of
escape is neither possible nor honorable; but that other is most honorable
and most easy, not to put a check upon others, but for a man to take heed
to himself how he may be most perfect. Having predicted thus much to
those of you who have condemned me, I take my leave of you.” (Plato,
Apology 30)
Humboldt´s university and the idea of academic
freedom
The Thinker in the Gates of Hell at the Musee Rodin
Humboldt’s University
„Der Universität ist vorbehalten, was nur der Mensch durch und in
sich selbst finden kann, die Einsicht in die Wissenschaft. Zu diesem
Selbst-Actus im eigentlichsten Verstand ist nothwendig Freiheit, und
hülfreich Einsamkeit, und aus diesen beiden Punkten fließt zugleich
die ganze äußere Organisation der Universitäten.“
Humboldt, Litauischer Schulplan 1809
Lehr- und Lernfreiheit from Humboldt’s perspective
Lehrfreiheit of the Professor:
• Freedom to teach
Lernfreiheit of the Professor:
• The freedom to conduct research without the interference of
teaching obligations
• Conducting research independent from state objectives and aspects
of usefulness
Lernfreiheit for Students:
• Freedom to learn
• Release of a schooling type curriculum
• Right and obligation to contribute actively and constructively to the
advancement of research
Role of universities in the Magna Charta
Universitatum (1988)
• Universities as “centres of culture, knowledge and research”
• “spreading knowledge among younger generations” and therefore
serve society as a whole
• Educate and teach future generations and “through them others, to
respect the great harmonies of their natural environment and of life
itself”
Teaching, Learning and Research in the Magna Charta
Universitatum
• Teaching and research must be inseparable
• Teacher = person who imparts own knowledge and is well
equipped to develop it by research and innovation
Active part in the university
• Student = are “able and willing to enrich their minds with
this knowledge” (Magna Charta Universitatum, 1988)
Receptive part in the university
Academic freedom in the Magna Charta
Universitatum
• University as autonomous institution
• “research and teaching must be morally and intellectually
independent of all political authority and economic power” (Magna
Charta Universitatum, 1988)
• Instruments to realise the freedom in research and teaching must
be made available to all members of the university
• Students’ freedoms must be safeguarded
Role of Universities in Bologna Declarations and
Communiqués
• “Those purposes include: preparing students for life as active
citizens in a democratic society; preparing students for their
future careers and enabling their personal development;
creating and maintaining a broad, advanced knowledge base;
and stimulating research and innovation.” (London
Communiqué 2007; Louvain-la-Neuve Communiqué 2009)
• “Moreover, upholding the highly valued diversity of our
education systems, public policies will fully recognise the value
of various missions of higher education, ranging from teaching
and research to community service and engagement in social
cohesion and cultural development.” (Louvain-la-Neuve
Communiqué 2009)
Academic freedom in Bologna Declarations and
Communiqués
• Academic values including university autonomy and academic
freedom find repeated reassurance
• Emphasis is on institutional autonomy combined with the
responsibility for quality assurance and accountability
• Academic freedom for students and teachers is mostly
mentioned among other academic values => emphasis on nondiscrimination, democracy and involvement of students and staff
in the process of change
Teaching, Learning and Research in Bologna Declarations and
Communiqués
• Teaching and research are inseparable
• Life-long-learning in cooperation with other stakeholders and vocational
training
• Move from teacher driven provision towards student-centred higher
education
“Student-centred learning requires empowering individual learners, new
approaches to teaching and learning, effective support and guidance
structures and a curriculum focused more clearly on the learner in all
three cycles.”(Budapest-Vienna Declaration 2010)
• Focus on learning outcomes
• Structured programmes and curriculum even in doctoral training with
the note not to over regulate
• Curriculum and programme development should include students and
other stakeholders e.g. employers
• Call for more focus on research especially in graduate programmes
Academic freedom in Portugal (1)
General:
• Constitution guarantees the freedom of intellectual, artistic and scientific freedom (art. 42)
• Freedom to express own views as private individual
Teaching and learning:
• Legal framework of the Education system: HE systems have the goal to “promote critical
spirit and freedom of expression and research (art. 11 f)
• Legal framework of higher education institutions: professors and students enjoy
intellectual freedom in the processes of teaching and learning (art. 74, 157)
• Legal statute of university career: teaching staff at universities has “freedom of scientific
orientation in teaching and on the construction of the syllabus” (art. 63)
 System of accreditation of study programs and degrees by an independent agency
Research:
• Legal framework of R&D: The freedom of research is guaranteed to all R&D institutions
under the requisites of the legal framework and of their mission. (Decree-Law N 125/99)
• Freedom to present research results and are free to criticize their own institution
Academic freedom in Portugal (2)
Freedom of choice:
• Undergraduate students are selected in accordance to a numerus clausus set by
the ministry. Postgraduates are selected by the institutions
• Universities can open up positions in accordance with their autonomy
Management and finance:
• HE institutions are free to draw up their own governance models but the main
governance structures are specified by the legislation
• Universities control their budgets and can decide what areas to priorities.
Research funding is given by the national funding agency to projects and
centers/laboratories which must“ appear“ as fundable according to guidelines
Academic freedom in Slovenia (1)
General:
• Fundamental freedoms are extensively elaborated in the constitution of the
Slovene State including freedom of thought, speech, press, conscience…
• Constitution: „Freedom of scientific and artistic endeavor shall be guaranteed.“
(art.58) similar is mentioned in the Higher Education Act (HEA)
• Academic freedom is part of the concept university autonomy and only
mentioned specifically by specialists
Teaching and learning:
• Establishment and adoption of education and scientific research programmes,
determination of education regimes and determination of forms and periods of
the students assessment (HEA)
Research:
• Freedom of research and artistic production and knowledge mediation (HEA)
Academic freedom in Slovenia (2)
Freedom of choice:
• Selections for the titles of university teachers, scientific workers and university
co-workers (HEA) and the adoption of measurements for this reason
• Selection of university teachers, scientific workers and university co-workers for
the occupation of work places (HEA)
Management and finance:
• Constitution: “State universities and state institutions of higher education shall be
autonomous. The manner they regulate their finances shall be regulated by law.”
(art. 58)
• Independent regulation of internal organization and operations by statute in
accordance with the law (HEA)
• Determination of forms of cooperation with other organization
• Management assets in accordance with the purpose, for which they are obtained
Academic freedom in France (1)
General:
• Constitution: Freedom of expression and association
Academic freedom:
• Academics are civil servants and therefore have to respect apply the rules
decided on by the state
• Act „autonomy and liberty of the university“: should frame academic freedom
but rather imposes accountability and undermines the power of academics
University presidents try to resist the implementation of the act
Trade unions are powerful and defend the rights of academia
• The status of academic prescribe duties and missions as civil servants but not
the content of intellectual activity and training
• Lack of constitutions and acts that define and regulate especially individual
academic freedom
Academic freedom in France (2)
Historical aspects:
• During the French revolution academic freedom on a collective level was deleted
• The act of 1968 gave Universities the legal status back
• Historically, autonomy of academics was guaranteed by the National Council of
Universities
Freedom of choice:
• At the university level committees of selection composed of peers, select and
recruit applicants for each faculty
Management and finance:
• National Council of Universities consists of half elected representatives by the
research community and half appointed by the Ministry of Higher Education and
Research
• It is responsible for career and promotion
Academic freedom in Denmark (1)
General:
• No academic freedom except of the UNESCO recommendations 1997
• Freedom to express own views is protected for the individual
Teaching and learning:
• Teaching freedom is not mentioned but the university law provides universities the
capacity to award degrees and offer education programs that have to be accredited
• Student freedoms are only discussed in relation to „student choice“
Research freedom:
• University law: University has research freedom and is responsible for protecting and
upholding the research freedom and ethics of each individual in universities (clause 2)
• The ability of the rector is limited to the extend to such assignment will hinder academics
ability to exercise their research freedom (clause 14)
• The research topics have to be within the university´s research profile (University law 2011)
• Research that is publicly funded must be published
• No special freedom to criticize the own institution
Academic freedom in Denmark (2)
Freedom of choice:
• There is no right to decide on who joins the academic community
• Doctorates are awarded by the Academic Council which consists of elected
members from the faculty
• University leaders can allocate tasks to academic employees. Academic
employees can choose their own research topics and methods carry them out in
such time as is left over
Management and finance:
• Budgets are set by the boards on the basis of the financial framework of the
parliament
• Universities control their own budgets and decide what to prioritize
• University self-management was removed 2003 from the university law. The
governing board has the majority of members from outside the university.
Academic freedom in the UK (1)
General:
• Education Reform Act: „academic staff have freedom within the law to question and test
received wisdom, and to put forward new ideas and controversial or unpopular opinions,
without placing themselves in jeopardy of losing their jobs or privileges they may have at
their institutions.“ (section 202)
Teaching and learning:
• Quality Assurance Agency (a body set up by universities itself) has significant control over
teaching content in the UK.
Research:
• Increasingly controlled by management regimes as it is dependent on funding.
• Research funded by the research council must be disseminated and there is budget for it.
• Usually there is not a lot of financing for travel, conferences and so on to speak about the
own research.
• Freedom of expression is theoretically given but there is pressure not to talk about what is
outside of the „academic expertise“
Academic freedom in the UK (2)
Freedom of choice:
• There is student choice but not a lot on offer to choose from
• Academics have less and less power to decided who joins the
academic community as it is taken over by management
Management and finance:
• New Public Management, Neo-liberalism
• University management has absolute discretion about internal funds.
External funders are usually involved in agenda setting.
Academic freedom in Europe
Similarities
• General constitutions about
freedom not only HE policies
• Policy background and own
experience often varies
• Academic freedom is not welldefined
Differences
• Cover different aspects and
therefore means something
different in each country e.g.
research, teaching,
management, autonomy
• No coherent meaning but use of
the term or related terms
Resume
• The role of universities is continuously changing
• Likewise is the meaning of core values like academic freedom
changing
• Both of them are dependent on time and space!
Open Questions:
What should be the role of universities in society?
Are academic values like academic freedom still necessary for fulfilling
this task?
Who is able and eligible to make these decisions? The state, ministers of
education, university management, academics, students, employers,
whole society……
„Freiheit ist ein Gut, das durch Gebrauch wächst, durch Nichtgebrauch
dahin schwindet“ (Carl Friedrich von Weizsäcker)
Freedom/Liberty is an asset which grows by use and fades by non-use.
Thank you!
Literature:
Berdahl R. (2010). Thoughts about Academic Freedom, Autonomy and Accountability. [online] available http://www.magnacharta.org/library/userfiles/file/Berdahl_2010-Thoughts_Abou_ Academic_Freedom,_Autonomy_and_Accountability.pdf [Accessed :
24.02.2013]
Blasi, P. (2002). The idea of Europe through the history of universities: the European dimension as university heritage in the past, today, and
the future. In Sanz, N. & Bergan, S. (Eds.) The heritage of European universities. Council of Europe Publishing: Strasbourg, 103-110
Boden, R. & Epstein, D. (2011). A flat earth society? Imagining academic freedom. The Sociological Review, 59(3), 476-495
Humboldt (1809). Litauischer Schulplan.
Oxford dictionaries. Definition of freedom. [online] available http://www.oxforddictionaries.com/definition/english/freedom
[Accessed:03.09.2014]
McCrae,N. (2011). Nurturing Critical Thinking and Academic Freedom in the 21st Century University. International Journal of Teaching and
Learning in Higher Education, 23(1), 128-134
Manan, W.A. (2000). Academic Freedom: Ethical Implications and Civic Responsibilities. In Neave, G. (Ed.) The Universities’ Responsibilities to
Society. International Perspectives. Pergamon: Amsterdam, Lausanne, New York, Oxford, Shannon, Singapore, Tokyo, 253-270
Moodie, G.C. (1996). On Justifying the Different Claims to Academic Freedom. Minerva, 34 (2), 129-150
Plato. Apology. Project Gutenberg [online] available http://www.gutenberg.org/ebooks/13726 [Accessed: 03.09.2014]
Ridder-Symoens, H. (2002). The intellectual heritage of ancient universities in Europe. In Sanz, N. & Bergan, S. (Eds.) The heritage of European
universities. Council of Europe Publishing: Strasbourg, 77-87
Zonta, C.A. (2002). The history of European universities: overview and Background. In Sanz, N. & Bergan, S. (Eds.) The heritage of European
universities. Council of Europe Publishing: Strasbourg, 25-37
Documents:
The Magna Charta Universitatum (1998) is accessible online in different languages at http://www.magnacharta.org/cms/cmspage.aspx?pageUid={d4bd2cba-e26b-499e-80d5-b7a2973d5d97}
The Sorbonne joint declaration (1998) between the minister in charge for France, Germany, Italy and the United Kingdom is online accessible
at http://www.ehea.info/Uploads/Declarations/SORBONNE_DECLARATION1.pdf
Declarations and communiqués form the ministerial conferences used are accessible online at http://www.ehea.info/articledetails.aspx?ArticleId=43
other Material used for the presentation was kindly put together by the teams of UNIKE partner institutions concerning academic freedom in
their own countries and institutions