Academic Freedom And The Law

Author: Eric Barendt
Publisher: Bloomsbury Publishing
ISBN: 1847316107
Size: 33.54 MB
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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.

Academic Freedom In Hong Kong

Author: Jan Currie
Publisher: Lexington Books
ISBN: 9780739110812
Size: 37.79 MB
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Jan Currie, Carole J. Petersen, and Ka Ho Mok draw upon interviews with academics and university administrators to examine two historical incidents that led to a strengthening of academic freedom in Hong Kong, as well as to legal and political ramifications that continue to reverberate. This book will interest scholars of East Asia and academics in universities around the world where freedom of expression is threatened in this time of heightened security.

Versions Of Academic Freedom

Author: Stanley Fish
Publisher: University of Chicago Press
ISBN: 022606431X
Size: 21.43 MB
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Advocates of academic freedom often view it as a variation of the right to free speech and an essential feature of democracy. Stanley Fish argues here for a narrower conception of academic freedom, one that does not grant academics a legal status different from other professionals. Providing a blueprint for the study of academic freedom, Fish breaks down the schools of thought on the subject, which range from the idea that academic freedom is justified by the common good or by academic exceptionalism, to its potential for critique or indeed revolution. Fish himself belongs to what he calls the “It's Just a Job” school: while academics need the latitude—call it freedom if you like—necessary to perform their professional activities, they are not free in any special sense to do anything but their jobs. Academic freedom, Fish argues, should be justified only by the specific educational good that academics offer. Defending the university “in all its glorious narrowness” as a place of disinterested inquiry, Fish offers a bracing corrective to academic orthodoxy.

Academic Freedom In Conflict

Author: James L. Turk
Publisher: James Lorimer & Company
ISBN: 1459406303
Size: 58.22 MB
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For more than a century academics have had unique rights not enjoyed by other citizens -- to speak, teach, and write freely. Central to the case for academic freedom is that scholars must be able to voice their views free of fear in order for society to gain a better understanding of ourselves and our world. Academic freedom has always faced challenges. Professors have been pressed to alter their work because it offends powerful interests -- both inside and outside the university. Some have been fired or denied jobs for their political views, their criticisms of colleagues and administrators, and their refusal to buckle under corporate pressures to hush up research findings. The sixteen contributors to this volume cite many such instances in Canada and the U.S. More significantly, they point out how governments, corporations, and university administrators today are seeking to narrow academic freedom. Among them: Major donors are acquiring control over university teaching and even hiring decisions University administrators are firing professors with unpopular political views, while pretending that the reasons for their decisions lie elsewhere Governments are using funding mechanisms to force-feed research in some areas, while shutting down inquiry in others Campus-wide policies enforcing civility rules are preventing criticism and debate within a university Judges are issuing decisions which reverse previous rulings supporting academic freedom in the U.S. and Canada Together the contributors to this book document the many arenas in which academic freedom is in jeopardy and explore its legitimate limits.

The Right To Freedom Of Assembly

Author: Orsolya Salát
Publisher: Bloomsbury Publishing
ISBN: 1782259856
Size: 35.83 MB
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In legal decisions and commentary, freedom of assembly is widely cherished as a precious human right and as indispensable for the preservation of democratic governance. But despite this rhetoric assemblies are subject to extensive regulation, such as prior restraints, and restrictions on the time, place and manner of assemblies. This comparative study examines five influential jurisdictions and reveals similarities and inconsistencies between them. It finds that freedom of assembly is often subjugated to freedom of expression in a way that disregards the expressive potential of assemblies. The shortcomings include the misconstrued content neutrality and public forum doctrines in the US, blanket bans and other restrictions based on intangible and distant harm in the UK, preventative restrictions and viewpoint discrimination in Germany, and the uncertain status of freedom of assembly and opaque judicial reasoning in France. Such inconsistencies also present challenges for the European Court of Human Rights in developing a coherent assembly doctrine. The book argues that it is time for jurisprudence to move away from a narrowly focused concept of expression, and recognise the creative and expressive value of freedom of assembly.

Fighting For Political Freedom

Author: Terence C Halliday
Publisher: Bloomsbury Publishing
ISBN: 1847314023
Size: 75.58 MB
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Across the world political liberalism is being fought for, consolidated and defended. That is the case for nations that have never enjoyed a liberal political society, for nations that have advanced towards and then retreated from political liberalism, for nations that have recently shifted from authoritarian to liberal political systems, and for mature democracies facing terrorism and domestic conflict. This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes. It examines the efficacy of a framework that postulates that legal professions not only orient themselves to a market for their services but can frequently be seen in the forefront of actors seeking to institutionalise political liberalism. On the basis of some 16 case studies from across the world, the authors present a theoretical link between lawyers and political liberalism having wide-ranging application over radically diverse situations in Asia and the Middle East, North and South America, and Europe. They argue that it is not the politics of lawyers alone but the politics of a 'legal complex' of legally trained occupations, centred on lawyers and judges, that drives advances or retreats from political liberalism, that political liberalism itself is everywhere in play, in countries with established democracies and those without liberal politics and that it is now clear that the legal arena is a central field of struggle over the shape of political power. The case studies presented here provide powerful evidence that the nexus of bar and bench in transitions towards or away from political liberalism is a force which has universal application.

Anonymous Speech

Author: Eric Barendt
Publisher: Bloomsbury Publishing
ISBN: 1509904069
Size: 57.12 MB
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Anonymous Speech: Literature, Law and Politics discusses the different contexts in which people write anonymously or with the use of a pseudonym: novels and literary reviews, newspapers and political periodicals, graffiti, and now on the Internet. The book criticises the arguments made for a strong constitutional right to anonymous speech, though it agrees that there is a good case for anonymity in some circumstances, notably for whistle-blowing. One chapter examines the general treatment of anonymous speech and writing in English law, while another is devoted to the protection of journalists' sources, where the law upholds a freedom to communicate anonymously through the media. A separate chapter looks at anonymous Internet communication, particularly on social media, and analyses the difficulties faced by the victims of threats and defamatory allegations on the Net when the speaker has used a pseudonym. In its final chapter the book compares the universally accepted argument for the secret ballot with the more controversial case for anonymous speech. This is the first comprehensive study of anonymous speech to examine critically the arguments for and against anonymity. These arguments were vigorously canvassed in the nineteenth century Â? largely in the context of literary reviewing Â? and are now of enormous importance for communication on the Internet.

Interpreting Constitutions

Author: Jeffrey Denys Goldsworthy
Publisher: Oxford University Press
ISBN: 0199274134
Size: 46.74 MB
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This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.

Academic Freedom At The Dawn Of A New Century

Author: Evan Gerstmann
Publisher: Stanford University Press
ISBN: 9780804754446
Size: 71.81 MB
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This is a provocative examination of the current state of academic freedom in the United States and around the world.

Human Rights Law And Regulating Freedom Of Expression In New Media

Author: Mart Susi
Publisher: Routledge
ISBN: 1351017578
Size: 61.42 MB
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The Nordic countries are well known globally for their high human rights standards and, at the same time, high degree of internet freedom. This edited collection reveals how the Nordic countries have succeeded in the task of protecting freedom of expression in the new media. It contains an overview of public policy choices and best practices of domestic online companies, which have the aspiration of finding global acceptance. Reviewing the topic of freedom of expression in new media within Nordic and Baltic countries, this book incorporates both general themes and interesting country-specific themes that will provide wider knowledge on the development of freedom of expression and media law in the online media era. A comprehensive analysis of regulation of online media, both at the level of legislation and application of law in courts and other authorities, are included. This book will contribute to the ongoing discussion as to whether there is a need to modify prevailing interpretation of freedom of expression. Human Rights Law and Regulating Freedom of Expression in New Media focuses on the multi-layered and complicated relationship between internet and human rights law. It contributes to the ongoing discussion regarding the protection of freedom of expression on the internet in the context of various doctrines of constitutional law, including the proliferation of constitutional adjudication. It will be of interest to researchers, academics, policymakers, and students in the fields of human rights law, internet law, political science, sociology, cultural studies, media and communications studies and technology.