美国政府对大学学术自由的介入及其权力边界

American Governments' Intervention in Academic Freedom of Universities and Their Power Boundary

本文以"权力依据"为线索,应用文献研究法、判例分析法以及归纳法,通过分析美国联邦政府和州政府对大学学术自由的介入来考察其对大学学术自主权的干预及其权力边界。研究发现美国联邦政府和州政府依据不同的权力介入大学学术自由的权力边界,并大致刻画了两者介入大学核心学术自主权的"权力图谱"。研究结果表明,美国联邦政府和州政府对大学核心学术自主权的干预异中有同,两者干预的范围实际上均涉及大学作为一个整体或大学师生作为个体的言论自由、教学自由、研究自由和学习自由,且具有明显的"公私差异"。

As a place researching profound knowledge,universities＇ academic freedom as one of the most critical academic autonomies. This study investigates American governments＇ role of interventing academic freedom of universities and their power boundary. This is important for measuring the size of American universities＇ autonomy,and also has a certain reference value for the government to handle contradictions between government＇s control and university＇s autonomy in other countries. With reliance on literature study method,case analysis method and induction method,this paper takes ＂power bases＇ ＇as a clue to examine the intervention of American federal government and state governments in universities＇ academic autonomy and thier power boundary. The research finds the power boundary of universities＇ academic freedom involved by American federal government and state governments in different power bases,and roughly draw out the ＂power spectrum ＇＇of the two involving in universities＇ core academic autonomy. The results show that the intervention of American federal government and state governments in universities＇ core academic autonomy had similarities. The scope of their intervention actually both involved the freedom of expression,freedom of teaching,researching freedom and learning freedom of university as a whole or those of university＇students and faculty as individual,and the intervention had obvious＂difference between public and private＇＇.