Re: [Air-l] freedom and related issues
ET <et@tarik.com.au> wrote:
Last weekend I travelled to Melbourne for the graduation party of a family member. [snip] All those listening to the discussion expressed amazement that in the year 2004 a university should demand that students bow to a member of the staff. [snip]
Should any of us be surprised that the kind of organisations that demand students bow to staff members would be purging staff websites?
So do you think that there ever was a time when universities had graduation rituals and they did not purge the writings of staff members? simply, if there was then the ritualism is irrelevant. I'd also suggest that you misunderstand the nature of ritual here. This is not a defense of purging of web sites, by the way, but a simple statement that some social groups understand ritual in different ways to others. In our society, ritual is usually seen as interferring with authenticity or genuineness, and therefore as fake or authoritarian. Suprisingly authoritarianism can often become more pronounced without ritual, because then you only have violence left with which to impose order. If you don't show respect to the presenter of your degree, do you have any respect for the degree? does anyone? Human groups, will have rituals, even if they are rituals to show how non-ritualistic they are :) So I'd sugggest that ritual is largely irrelevant here, although perhaps it would be better if another form of ritual grew up which was more appealing to modern people.
Should any of us be surprised that organisations that demand strict obedience to process should disregard the basic human rights and freedoms of staff and students alike?
Well this is true of most organisations. If you have worked in business or the corporate sector, you would see the same things. Its not simply unviersities I suspect, and its a pretty common suspicion, that it has something to do with size. After a certain size it becomes impossible to run organisations in a personal manner - not that that gets rid of 'process', demands for obedience and so on, but it tends to lessen the possibilties of misunderstanding, incompatability etc. However, misunderstanding and incompatibility might be a good thing in terms of the organisations ability to adapt :)
Should any of us be surprised that elements of one academic "faction" feel under siege from a larger faction?
All of this comes back to human rights, and the respect, or lack of respect, that is generated in universities.
I'd say this has a lot to do with the respect or lack of respect for human rights and 'dissenting views' in the wider society. We might note the huge 'culture wars' which we have all observed. Removal of funding from groups which disagree with corporate orthodoxy, or right wing history. The sacking of public servants who give advice or information counter to the wishes of their politicians, and so on. But in a more general way we might note that spokespeaople seem to disagree with abuse rather than argument. That there is little dialogue. Little attempt at problem solving. In which case it would be hard for universities, or any other organisation, not to suffer from the same kind of inflexibilities - especially so the more beholden they are to outside interests - and we see the permeation of universities with corporatism everywhere. Again, I'm not sure if anything was ever different, but it seems to me it was. In any case the question is not so much about universities, but about why this is the case generally.
We are all different, I doubt if any two human brains work in exactly the same manner, yet it seems to me that in universities there is an obsession, at times, with rigid adherence to process rather than stimulating or even allowing individual students to develop their own, and perhaps better, process.
I'd suspect that this would become more pronounced, the more that universities become 'education' and 'career' focused. People employing students seem to want people who can obey process, who can fit in and do what they are told - not people who might question things, or who might wonder if the system they are working for is destructive. [snip]
All of the above is about process, but the world is totally disinterested in process, the world wants results. The world doesnt want another 50 conferences on how to feed the worlds starving. The world wants food to go into the mouths of the hungry.
Well you see this brings up the issue of what is a result. Maybe 'the world' is not the same as 'the powerful'? Maybe some influential people would prefer immediate profit to feeding the hungry? Maybe the process giving the result is simply invisible to most of us? Its called 'economic realism', the 'way of the world', 'impractical' etc.
We can not talk about freedoms on one hand insofar as university staff websites is concerned if we do not support the right to intellectual freedom of the student.
Just to be difficult, there are always limits on freedom - out of necessity. If the student decides to write in a language they have made up and no one else understands then they can't expect to be marked well no matter how brillian their ideas - same goes for the academics. jon UTS CRICOS Provider Code: 00099F DISCLAIMER ======================================================================== This email message and any accompanying attachments may contain confidential information. If you are not the intended recipient, do not read, use, disseminate, distribute or copy this message or attachments. If you have received this message in error, please notify the sender immediately and delete this message. Any views expressed in this message are those of the individual sender, except where the sender expressly, and with authority, states them to be the views the University of Technology Sydney. Before opening any attachments, please check them for viruses and defects. ========================================================================
On a related note - academic freedom, IP and the use of the Internet by Universities to redefine the craft of teaching - following the logic of Noble's arguments - unbundle teaching into component parts enabling a return to late capitalist Fordist economies of the production of teaching artifacts (not that they ever left that location) ... I recently participated in a major grievance launched by my Faculty Association against the University (of BC) on the question of the University's claim of IP rights to online courses and their requirement that faculty sign away their IP rights and in so doing, agree to a host of other conditions of course development that also infringe on academic freedom. The grievance was heard by the B.C. Labour Relations Board, and we won on all counts. The major positive outcome of this tortuous process is a really lengthy analysis of the relationships between teaching, course development, online education, IP and academic freedom in the arbitrator's award (which is 97pp). If anyone out "there" is involved in similar activity - negotiating IP/academic freedom as these have been impacted by the particular uses of the Internet by Universities, contact me and I will gladly send you the award. It is a very insightful analysis, and in Canada anyway, until it is successfully appealed (the University has entered an appeal), it also enters into labour case law and sets the bar very high for any college or university attempting to wrest IP from faculty or to redefine online courses as "work product". ------------------------------------ Bits from Arbitrator Dorsey, QC's, award: ³In the university employment context, because of the importance of the expression of ideas to academic freedom and the presumptive first ownership of copyright in faculty, issues related to copyright are part of the core relationship between employer and employee. They are part of the conditions of employment.² ³I conclude that the scope of the union¹s exclusive bargaining authority includes the right to negotiate matters related to the copyright ownership of bargaining unit employees in works made in the course of their employment.² (p.88) Dorsey found the actions of the administration in this matter ³created a limitation on academic freedom² (p.93) and found that they ³negotiated directly with individual members contrary to Article 3 of the Agreement on the Framework for Collective Bargaining.² (p.94) In allowing Dr. Bryson¹s grievance, Mr. Dorsey stated: ³Every bargaining unit member has a right, and perhaps a responsibility, to ensure the University complies with the terms of the collective agreement. This is an activity each bargaining unit member performs on behalf of the bargaining agent². (p.96) He found that Dr. Bryson had been effectively ³fired.from the assignment² in the MET program for her refusal to work under terms different than those in the Collective Agreement. mb
Thanks Mary, this case if of especial interest to me and to the kind of institution where I work (on the other side of this plate of ice you and I call Canada). If you come across--or already have--a link to the full text of the court decision, I would be grateful if you could pass it along. A member of my department is actively involved with FAUT and such information will come in handy. Best wishes and many thanks again, Max. Dr Maximilian C. Forte Assistant Professor in Anthropology Department of Anthropology and Sociology University College of Cape Breton P.O. Box 5300, Sydney, NS, Canada, B1N 1A3 Tel: 902-563-1947 Fax: 902-563-1247 E-mail: max_forte@uccb.ca Website: http://faculty.uccb.ns.ca/mforte/ ----- Original Message ----- From: "Mary Bryson" <mary.bryson@ubc.ca> To: <air-l@aoir.org> Sent: Wednesday, March 17, 2004 1:33 PM Subject: Re: [Air-l] freedom and related issues On a related note - academic freedom, IP and the use of the Internet by Universities to redefine the craft of teaching - following the logic of Noble's arguments - unbundle teaching into component parts enabling a return to late capitalist Fordist economies of the production of teaching artifacts (not that they ever left that location) ... I recently participated in a major grievance launched by my Faculty Association against the University (of BC) on the question of the University's claim of IP rights to online courses and their requirement that faculty sign away their IP rights and in so doing, agree to a host of other conditions of course development that also infringe on academic freedom. The grievance was heard by the B.C. Labour Relations Board, and we won on all counts. The major positive outcome of this tortuous process is a really lengthy analysis of the relationships between teaching, course development, online education, IP and academic freedom in the arbitrator's award (which is 97pp). If anyone out "there" is involved in similar activity - negotiating IP/academic freedom as these have been impacted by the particular uses of the Internet by Universities, contact me and I will gladly send you the award. It is a very insightful analysis, and in Canada anyway, until it is successfully appealed (the University has entered an appeal), it also enters into labour case law and sets the bar very high for any college or university attempting to wrest IP from faculty or to redefine online courses as "work product". ------------------------------------ Bits from Arbitrator Dorsey, QC's, award: ³In the university employment context, because of the importance of the expression of ideas to academic freedom and the presumptive first ownership of copyright in faculty, issues related to copyright are part of the core relationship between employer and employee. They are part of the conditions of employment.² ³I conclude that the scope of the union¹s exclusive bargaining authority includes the right to negotiate matters related to the copyright ownership of bargaining unit employees in works made in the course of their employment.² (p.88) Dorsey found the actions of the administration in this matter ³created a limitation on academic freedom² (p.93) and found that they ³negotiated directly with individual members contrary to Article 3 of the Agreement on the Framework for Collective Bargaining.² (p.94) In allowing Dr. Bryson¹s grievance, Mr. Dorsey stated: ³Every bargaining unit member has a right, and perhaps a responsibility, to ensure the University complies with the terms of the collective agreement. This is an activity each bargaining unit member performs on behalf of the bargaining agent². (p.96) He found that Dr. Bryson had been effectively ³firedS.from the assignment² in the MET program for her refusal to work under terms different than those in the Collective Agreement. mb _______________________________________________ Air-l mailing list Air-l@aoir.org http://www.aoir.org/mailman/listinfo/air-l
Dear AIR'ers - On academic freedom in the context of universities, Prof. Jim Jackson of our School of Law & Justice has recently published his thesis in this area: Jackson, J. 2002. Legal rights to academic freedom in Australian universites. PhD thesis in Law. University of Sydney. He may have other published material besides the thesis but this is a place to start. Cheers, Denise ===== Denise N. Rall, PhD student, School of Env. Science, Southern Cross Uni, Marker for Protected/Natural Area Management, BIO00244 Lismore, NSW, 2480 Australia Phone +61-2-6624-8627 Fax +61-2-6624-8637 Office (Thursdays) (02) 6620 3577 Mob 0438 233 344 http://www.scu.edu.au/schools/rsm/staff/pages/drall/index.html __________________________________ Do you Yahoo!? Yahoo! Mail - More reliable, more storage, less spam http://mail.yahoo.com
participants (4)
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Denise N. Rall -
Jonathan Marshall -
Mary Bryson -
Maximilian Forte