The Spirit Of University Law

The aim of universities is to practice academic activities, the laws pertinent to theuniversities is the construction law for colleges and universities. Considering the varyingsources of university law, judicial opinions and various specified legal systems of theuniversity law, we can get the conclusion that the principles of the laws pertinent to theuniversities is the protection of faculty academic freedom.Academic activity is pursuing what the being is; freedommeans right in political andlegal perspectives, and only means the constitution’s liberty. The concept of academicfreedom emerges from the “libertas philosaphandi” in Middle Ages, crossing through“lehrfreiheit”“lernfreiheit” of Germany, and comes to the America’s concept of academicfreedom. In modern world, it has developed appearing to be one of civil liberties.academic freedom is not an isolated right, it is a general calling of four rights. Each ofthe four rights has different nature, subject and content. Civil academic freedom is one ofconstitutional liberties; institutional academic freedom means colleges and universities’sautonomy; faculty academic freedom and students academic freedom are their contract claims.In modern states, faculty has freedom of research and publication, freedom of teaching,freedom of internal or external utterance.Faculty academic freedom is the blood line of the universities. The infringement onfaculty academic freedom is from two aspects, one from governments or churches, the otherfrom the internal. In order to protect faculty academic freedom, the laws pertaining theuniversities in most nations have designed three measures, which are university autonomy,scholars self-government and tunure, to protect faculty academic freedom. Universityautonomy makes the university as a whole to resist the inteferences from the external;scholars self-government vests teachers with the authorities to hold or join universityadministrations; and tenure will give teachers of a sufficient degree ofeconomic security todefend the universities internal executive powers. university autonomy, scholarsself-government and tunure, construct a system web to guard faculty academic freedom.Universities require the target of academic activities, and academic activities has thenatures of freedom. Universities originates from academic activities, the word of “university”also means academic activity. Faculty academic freedom is the prerequisite and essence for universities. It trains critical thinking for man and woman to resist and defend the religiousfanatics, political agitators and commercial self-absorbed traders. Faculty academic freedomis one of the fundamental factors of free-democracy’s regime. Void of faculty academicfreedom, the free-democracy’s regime can not be continuing; and choosing the totalitarianism,there is no faculty academic freedom, and no requirement of it.