Freedom Of Education Research Articles

Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union

Exceptions and limitations are an integral part of any effective copyright systems, they play a crucial role in striking a fair balance between the interests of the creators and rightholders, on the one hand, and those of the users of the protected works, on the other. The exceptions and limitations serve to secure such fundamental values as freedom of expression and information, freedom of art, science, research and education. Since the exceptions and limitations are not fully harmonised in the European Union, the lack of legal certainty is being cured by the caselaw of the Court of Justice. The role of the Court preliminary rulings in interpreting the relevant legal provisions and providing clarifications as to their application cannot be overemphasised. Moreover, in recent cases the Court of Justice considered the exceptions and limitations to copyright in the light of the European Convention on Human Rights and the settled caselaw of the European Court of Human Rights. Therefore, it is an opportunity for us to observe the growing attention of the Court of Justice to the human rights and fundamental freedoms protected by the European Convention.

Meditations from a Black Woman Chair: Social Justice Values and a New Normal in Academic Administration

Meditations from a Black Woman Chair: Social Justice Values and a New Normal in Academic Administration

The Crucifix in State Schools in Italy, Victim of Globalization, between Freedom of Religion and Freedom of Education

The interest to analyse the phenomenon of the exposure of religious symbols, particularly of the crucifix, in state schools in Italy and the principle of secularism, derives from the cultural and constitutional peculiarities that this system presents, as a consequence of the historical and cultural events that have influenced its ordering. First of all, it must be pointed out, as indeed it is evident, that Catholicism was the dominant faith for about two thousand years, and until recently, almost the only one. The Catholic religion has crossed the entire history of the country, penetrating and intertwining with the socio-cultural dynamics. For this reason, the Italian constitutional history has been crossed by the principle of tolerance. The latter can be considered clearly out-dated only with the Republican Constitution of 1948, thus the legal system emptied itself of its confessionalism. The last few years, as a result of strong migratory flows, the religious-cultural landscape, not only in Italy, but throughout Europe it seems to have changed. Other cultures have brought their own customs, languages and religions like a wave. Thus we are witnessing an extraordinary social, economic and juridical transformation. In this multicultural mosaic, the clash between civilizations could not be missing. Minorities have in many cases felt they were discriminated against, bullied and offended by the display in public buildings (schools, courtrooms, hospitals, etc.) of the symbol par excellence of Christianity, namely the crucifix, arousing the protest of parents of different faiths. All this has produced legal conflicts and jurisprudential rulings that have involved the European Court of Human Rights itself. This discussion aims to analyze from a socio-juridical point of view, the consequences of religious symbology external to educational institutions and to be able to give a juridical truth, stripped of religious indoctrination. This path will not be easy since every element inherent to religion touches delicate aspects, linked in particular with what is most profound in the people and culture of a country.
 
 Received: 2 March 2021 / Accepted: 14 April 2021 / Published: 10 May 2021

Sartrean Freedom and Responsibility in Rousseau’s Emile

This paper discusses Jean-Paul Sartre's existentialist interpretation of Jean-Jacques Rousseau's philosophy of education, or Emile. It aims to show the Sartrean concept of freedom and responsibility in understanding education, as shown in Emile and his tutor's narrative. It utilizes Sartre’s significant works, such as Being and Nothingness, and Existentialism is Humanism, in explicating the Sartrean concept in Rousseau's book, Emile. Existentialist hermeneutics helps the paper to re-interpret the text of Emile. It argues that Rousseau's philosophy of education, as demonstrated by Emile and his tutor, implicitly manifests absolute freedom and responsibility in the learning process. Thus, this paper provides a Sartrean existentialist perspective of understanding Rosseau's Emile.

Education in Russia: historical and philosophical aspects

Education is the most effective tool of management in politics, since it directly and indirectly acts as public legal coordination of the interests of different social strata representatives, and manifests the ability of the authorities to such coordination. The prerequisites of the present research are the productive achievements of the national educational cultural tradition, its goal setting, which is also the goal of this work. Education as a social institution is a tool of constant state policy, while the policy is not a one-time action but a procedural, dynamic phenomenon, and therefore must always be at the focus of attention of the authorities. Education is the incessant carrying of a certain “image”, in other words, the “image” of the state and, at the same time, its function (in Latin, the function is service, or, in Russian, “the sovereign’s burden”). Service is associated with the upbringing and training of a creative person, his way of thinking, and his entire lifeline. The research methods used, included interdisciplinary and comparative-historical (comparative) approaches. The most important results, novelty, and significance of the present research are associated with the ways of developing spirituality and preserving the tradition of creativity and freedom in humanitarian education, which form the public consciousness.

Against the Tide. On the Pedagogy of Freedom in Polish Pedagogical Thought

Among the Eastern European countries in the USSR's sphere of influence, Poland enjoyed the greatest freedom, which puts into question the hasty and evaluative assessments of the then educators, describing some of them as being homo sovietus or homo sovietus-like. The situation was very complex and it is in this perspective where one should undertake research on the past, 20th century pedagogical thought. Regardless of how ideologized Polish education was, it should be noted that many scholars who shaped their theoretical concepts in free, pre-war Poland opposed the promotion of Stalinism in science and education. At the time, the church played a certain positive role in this struggle, which also has to be recognized as a sham of opportunism. The pre-war philosophy of upbringing, particularly deviating from the doctrinal assumptions of Marxism-Leninism, became the main target of the attack, and such outstanding scholars as S. Hessen, B. Nawroczyński, L. Chmaj or K. Sośnicki were subject to harassment on the part of the authorities. The remnant of those times, which still lasts in the present day, is a belief in special value, and sometimes even in the foreground of empirical pedagogy with simultaneous negation of philosophical pedagogy. Meanwhile, it was Hessen who proved that empirical pedagogy - valuable in itself - is a great tool to learn how it is, but silent about how it should be. All teleology, which before the war grew out of philosophical currents (Hessen's neo-Kantism, Lviv-Warsaw school of Nawroczyński and Sośnicki) in the era of primacy of one party was a derivative of its ideology depriving pedagogy of its subjectivity and scientific autonomy. What makes Polish pedagogy of freedom different is the fact of practicing it in historical and philosophical orbit, when we look at it from the substantive side and positive disintegration, when we want to understand it from the personality of its creators.

EBU’L-KÂSIM EŞ-ŞÂBBİ’NİN ŞİİRLERİNDE HALK

Kuzey Afrika edebiyatına bakıldığında Fransa XIX. yüzyılda Osmanlı İmparatorluğu dâhilinde olan Tunus ve Cezayir gibi ülkeleri işgal etmiştir. Söz konusu işgal süresince Fransa, Tunus’ta 85 sene, Cezayir’de ise 132 sene gibi çok uzun bir süre kalabilmiştir. 1912 yılında ise bir İspanyol sömürgesi olan Fas, manda adı altında Fransa tarafından işgal edildi. İlgili işgallerin en önemli amacı halkı sömürmek olduğu gibi aynı zamanda da halkı hem cahilleştirmek hem de dini olan İslam’dan uzaklaştırmaktı. Bu çerçevede halkı anadili olan Arapçadan uzaklaştırmak ve bunun yerine de Fransızcayı dayatmak da yapılan planlar arasındaydı. Nitekim 1938 yılında Cezayir’de Fransızca anadil olmuştu. Bütün bunlar yapılırken halkın elinden eğitim hürriyeti alınıp bilmeyen ve öğrenmeyen bir toplum gözetmek bunun yanı sıra da sadece kendilerine hizmet eden bir toplum gütme amacı bulunmaktaydı. Aynı zamanda Fransa, kendi ülkesinin vatandaşlarını bu ülkelere getirerek bu ülkelerin asıl sahibi olan insanları ikinci sınıf vatandaşlığa itmiş, mallarına el koymuş ve okullarını bile ayırmıştır. Ancak Cezayir’de 1932 yılında ‘Abdulhamid b. Bâdîs, Beşîr el-İbrâhîmî ve el-‘Arabî et-Tebsî gibi isimlerin özellikle Cezayir’de tesis etmiş oldukları Cezayirli Müslümanlar Âlimler Cemiyeti, Tunus’ta yer alan Zeytûne Cami ve Fas’ta bulunan Karaviyyîn Cami gibi merkezler sayesinde bu ülkelerde Arap dili ayakta kalabilmiş ve halk sömürgecilere karşı bilinçlenebilmişti. İşte bu sayede sömürgecilerin Cezayir’de işleri zorlaşmış ve hedeflerine ulaşamamışlardır. II. Dünya Savaşı sonrasında 1956 yılında Tunus ve Fas, 1962 yılında ise Cezayir, Fransa’dan bağımsızlığını alabilmiştir. Ancak Cezayir’deki sömürgenin uygulamaları ve yaptırımları diğer iki mağrip ülkesinden daha katı, daha şiddetli olmuş ve daha uzun süre devam etmişti. Bütün bu yaşananlar tabii ki edebiyata da yansımış ve hem nesir hem de şiir türlerinde sömürge karşıtı söylemlerin, bağımsızlık ve özgürlük çağrılarının yer aldığı mesajlar görülmeye başlanmıştı. XIX. yüzyılda Tunus’un en önemli şairlerinin başında gelen Muhammed Kâbâdû (1812-1871), daha Tunus işgal edilmeden tedbirler alınması hususunda halkın dikkatini çekmiştir. Kâbâdû’dan sonra sömürgecilik dönemi Tunus şiirine Muhammed eş-Şazli Haznedar (1881-1954) gelerek onun yerini alır. Daha sonra ise İrâdetu’l-Hayât adlı şiiriyle tanınan Ebu’l-Kâsım eş-Şâbbî gelir. eş-Şâbbî tıpki diğer şairler gibi Tunus halkını şiirleriyle Fransız zulümü karşısında uyandırmak, bilinçlendirmek istemiş ve halkı Fransızlara karşı direnişe davet etmiştir. Çok iyi bir dini eğitim alan bir babanın çocuğu olan eş-Şâbbî, Tunus’un güneybatısındaki eş-Şâbbiyye beldesinde 1909 yılında dünyaya gelir. eş-Şâbbî babasından İslami ilimlerin temellerini aldıktan sonra 1927 yılında diplomasını elde ederek Zeytûne Camisi’nden mezun olur. Üstelik şair, 1928 yılında Tunus Hukuk Fakültesi’ne girer ve 1930 yılında hukuk diplomasını elde ederek mezun olur. eş-Şâbbî, ilk şiirini henüz 15 yaşında iken nazmeder. eş-Şâbbî’nin hayatının son aşaması acılarla geçer. 1927 yılında sevdiği kızın vefatının ardından yaşadığı üzüntünün izleri şiirlerinde açık bir şekilde görülür. Şair, küçüklüğünden beri kalp rahatsızlığından mustaripti. Evlenirse acılarının biraz hafifleyeceğini düşünen babasının ısrarı sonucunda onu kırmamak için amcasının kızı ile evlenir. Ancak çok da mutlu olamaz. Bir süre sonra çok sevdiği babasını kaybeder. Bu ölüm onu daha derinden etkiler. Çektiği acılar eş-Şâbbî’yi genç yaşta olgunlaştırır. 1934 yılında o zamana kadar yazdığı şiirlerini Mısır’da yayımlamak için Eğâni’l-Hayât adını verdiği bir divanda bir araya getirir; fakat hastalığı ağırlaşır ve başkentteki İtalyan Hastanesi’ne kaldırılır. eş-Şâbbî, 9 Ekim 1934 tarihinde “tatmak istediği” ölümle buluşur. Şair, kitap okumayı seven ve Arap edebiyatını yakından takip eden bir kişiliğe sahipti. Mısır’ın el-Muktetaf, el-Hilâl ve es-Siyâse gibi dergilerini takip eder, muhtelif fikir ve görüşler edinip şiir ve edebiyat dünyasını tanımaya çalışırdı. eş-Şâbbî eski ve modern Arap şairlerin şiirlerini okuyup özellikle de İbnu’r-Rûmî, el-Mutenebbî ve el-Ma‘arrî’nin şiirlerini sevmiş ve modern edebiyatta ise el-Mehcer, ed-Dîvân ve Apollo ekollerinin etkisinde oldukça kalmış ve romantizm akımının ilk şairlerinden olmuştur. Hüzün, karamsarlık ve tabiata sığınma gibi unsurlar eş-Şâbbî’nin şiirlerinin önemli öğeleri arasındadır. Ayrıca şair, Cibrân Halîl Cibrân, Tâhâ Huseyn, ‘Abbas Mahmûd el-‘Akkâd ve Ahmed Hasen ez-Zeyyât gibi isimlerden etkilenmiştir. eş-Şâbbî bir insanlık şairi olarak nitelendirilir. Şairliği aslında hayatının bütün anlarını, duygularını, görüşlerini ve düşüncelerini yansıtır. eş-Şâbbî hem hayatta hem de şiirlerinde dertlerinin ve 12 Mayıs 1881 tarihinden itibaren Fransız işgali altında olan Tunus’un sıkıntılarını yaşar ve şiirlerinin büyük bir kısmını halkının özgürlüğü ve onurlu bir hayat yaşaması için adar.

The Glocality of the Acta Comparationis Litterarum. Local Interpretations of Educational Freedom, Coercive Innovation and Comparative Literature

Abstract The Present Tasks of Comparative Literature (Vorläufige Aufgaben der Vergleichenden Litteratur) is the most often-cited essay of the first international journal of comparative literature, the ActaComparationis Litterarum Universarum. The article proposes a revision of the generally established explanations of this pioneering text, and traces back the microcultural genealogy of the idea of freedom and autonomy associated with the emerging modern discipline of comparative literature in the essay. In this new intellectual framework both the essay and its broad horizon are interpreted as a glocal interplay of recycled and enthrallingly reinvented transnational ideas.

Montessori, Waldorf, and Reggio Emilia: A Comparative Analysis of Alternative Models of Early Childhood Education

Montessori, Waldorf, and Reggio Emilia education remain three of the most popular models for alternative early childhood education. Each of these approaches has developed globally, with a rich history of supporting children’s educational freedom. This narrative analysis provides a means for early childhood educators and scholars to understand the aims, philosophical and theoretical frameworks, historical development, benefits, and challenges in these models and their methods of practice. As early childhood education evolves with technology and as re-conceptualizations about early education occur, an understanding of these alternatives to traditional education models is important. While adaptive options of these models may emerge in education systems across national contexts, this review allows educators to consider their applications and cultural appropriateness in specific local and community contexts.

Wheels in the Head: Educational Authority, Freedom, and Culture from Socrates to Paulo Freire (Joel Spring)

Wheels in the Head: Educational Authority, Freedom, and Culture from Socrates to Paulo Freire (Joel Spring)

La Inspección de Enseñanza Secundaria, Normal y Especial: conformación de la burocracia educativa para la regulación de la enseñanza secundaria en la Argentina (1865-1903)

El presente artículo propone una caracterización del proceso de conformación de la inspección para la enseñanza secundaria en la Argentina entre 1865 y 1903. Durante este período, se fueron definiendo los rasgos de la inspección como agencia estatal de regulación y control del nivel medio, en el contexto de expansión de la matrícula y el número de establecimientos. Se pondrá el foco en tres aspectos de la enseñanza secundaria: la matriz disciplinar, el principio de libertad de enseñanza y, finalmente, el carácter selectivo en lo atinente a la matrícula de los colegios nacionales.

Freire’s Pedagogy of Freedom: Its Contribution to the Development of Ethical Teacher Professionality through the Implementation of the New Zealand Curriculum

This paper takes lessons and directions from Paulo Freire’s Pedagogy of Freedom (1998) that both inform the theme of Dialogue and Difference and a particular conception of ethical teacher professionality. Freire’s vision of teachers and teaching challenges managerialist notions of teachers as dispassionate, data-driven objects of bureaucratic policy, aligned to a sanitised list of features that make up ‘the effective teacher’. This representation of teachers is unlikely to motivate or prepare teachers in the future to be critical thinking ethical professionals. An alternative conception of the teaching professional is required, and one is presented here which has strong links to Pedagogy of Freedom in particular, and critical pedagogy more generally. Expressed as ‘ethical teacher professionality’, this account suggests a broader approach to the role of teacher than provided by notions such as ‘satisfactory teacher dimensions’ or ‘characteristics of quality teaching’. The New Zealand Curriculum (Ministry of Education, 2007) is a policy text whose understanding of teachers is informed by such notions. New Zealand schools engaged in a process of preparation in 2008 and 2009 for full implementation of this revised national curriculum in 2010. The scope of these revisions, expectations of teachers, and the requirement that this implementation be school-based (rather than centrally prescribed) mean that in essence this curriculum goes well beyond a mere revision. Further, as a product of early-21st century education reform which seemingly gives schools, teachers and communities greater flexibility, there are lessons that could be relevant internationally. As a fundamentally new approach to policy, implementation of the New Zealand Curriculum could significantly alter how teachers see and approach their work.

Empowerment of Love for Jane Austen’s Females: A Case of Creativity in Familiarity

The goal of this qualitative study is to explore unfamiliar concepts presented in familiar contexts in Austen’s Pride and Prejudice (1813) and Mansfield Park (1814). Also, it intends to examine Austen’s creativity in unfamiliar concepts such as women’s freedom of choice and education from a feminist perspective. This study is significant for shedding light on the empowerment of love decision, females’ self-awareness and women’s voice presented in conventional systems. In addition, it will help feminists to figure out the feminism issues reflected in Austen’s work. Further, this study addresses the question of unfamiliar concepts in Austen’s familiar contexts and identify the impact of decision making on women’s equality. The researcher uses textual analysis to discuss main themes and address research questions. The findings of the study show that Austen best novels preached out women’s emancipation of so-called marriage-market. Also, the result indicates that women of her time postulated love in marriage for achieving self- recognition and self-esteem through creative technique of familiarizing unfamiliar concepts. Therefore, it introduces new thread to Austen studies by examining how Austen familiarized her readers unconsciously with modern concepts at the late 18th century in societal and cultural respects. This study recommends that further investigations be conducted in this regard.

The Formation of Thinking

In recent years, we have seen examples of how political leaders, such as Bolsonaro in Brazil or Orbán in Hungary, have controlled and restricted the freedom of the university in a way that frightens us and reminds us of the inherent fragility of our own societies. However horrible these political acts are, I would like to claim that there is a danger in letting oneself be hypnotized by those who hold political power and who, through dramatic gestures and authoritarian rule, suffocate free thought. Equally important is to pay attention to the slow and barely noticed political processes in which, through government directives and reforms based on economically motivated ideas about efficiency and employability, officials and authorities limit the freedom of higher education. An example of such a process I would like to scrutinize is how thinking came to be regarded as a generic skill in the Western education system.

A student's right to freedom of education and a teacher's fiduciary obligation to support it

I feel honored to receive so many deep, critical, supportive, expanding, and thought-provoking commentaries on my original paper “A student’s right to freedom of education” from undergraduate university students, educators, and educational researchers. These commentaries involve different genres: on-the-margin contextual comments, theoretical essays, ethnographies of their pedagogical practices, reflective sharing of good and bad personal educational experiences, personal authorial opinions, critiques, students’ course evaluations, analysis of science-fiction literature, investigation of Bakhtin’s biography, video replies, a list of questions, and so on. Once Socrates complained about the print text that it is impossible to ask the text new questions – the text won’t reply to these questions. In this special essay, we tried to overcome this problem by involving each other in address-reply commentaries on each other’s texts. We want to invite the readers of this special issue to join us in our dialogues of agreement and disagreement.
 In my reply to the commentaries, I want to focus on the issues raised by the commentators that most touched me. This focus is on the relationship between a student’s authorial education and a teacher’s authorial teaching, where “teacher” is understood on a range between an individual educator and the entire society. I want to apologize in advance if I left out important concerns that some of the commentators wanted me to address (feel free to raise it again on the margin) if I severely misinterpreted their idea or point (please correct me on the margin).
 Here I focused on the following six major issues raised by the commentators. The first issue is raised by several undergraduate students from Canada, Russia, and South Korea about the possibility (and reality) of some students actively rejecting their freedom of education. Isn’t it a case for rejection of my call for a student’s right to freedom of education? The second issue raised by many commentators is about imaginary and real cases when foisted education is effective and even, arguably, more effective than student-owned education. Do these cases defeat my overall argument that student’s freedom of education is required by education itself? The third issue was introduced by my colleague and a proponent of self-directed learning Kevin Currie-Knight when he asked a deceptively simple question of what I mean by “student.” Usually, the role of a student is defined either by the institution or by the teacher, which implicitly goes against the spirit of my claim for a student’s right to freedom of education. The fourth issue eloquently raised by an Ecuadorian undergraduate exchange student, Juan Francisco Poveda, studying at the Kyung Hee University in Seoul, about whether education must be subordinated to the needs of the society. Fifth, I consider the relationship between the education-for-myself and the education-for-the-other, the new terms introduced by my Russian colleagues. My overall vista in considering this relationship is authorship: the student’s educational authorship or the teacher’s pedagogical authorship. In a disagreement with some commentators and in an agreement with some other commentators, I argue that the teacher’s pedagogical authorship must be subordinated to the student’s educational authorship through the teacher’s pedagogical fiduciary obligation. Finally, I will revisit the Kantian educational paternalism by considering the two, arguably, most powerful and extreme cases for foisted education: foisted education for the survival of the society and foisted education for a student’s agency awakening. In my conclusion, I will summarize the presented reasons for why a student’s freedom is needed for education and briefly discuss how to test my claims.

Washington View: Education + Money = Freedom

The COVID-19 pandemic and related economic downturn has made the persistent inequities in the U.S. education system even more evident than before. In her monthly Kappan column, Maria Ferguson discusses how approaches to school spending have failed to respond adequately and fairly to economic conditions. On top of the differences in funding is the phenomenon of wealthy parents spending their money to find ways out of the system by, for example, creating pandemic pods that enable their children to have in-person learning opportunities that aren’t likely to be available for poorer children. Examples like this may look like “education freedom,” but it’s freedom only available for a few.

Students’ Critical Commentaries: Unfettered Voices

Changes to educational practices have been proposed, with some being adopted globally, on a continuous basis. However, student opinions have seldom been invited into discussions. This article was written following an invitation from the Dialogic Pedagogy Journal “to write a critical response to” Eugene Matusov’s editorial “A student’s right to freedom of education”. The inclusion of student voices in educational forums is integral for a more complete understanding of the position of all participants and, whether one considers students to be representative of one of Gramsci’s subaltern classes, students as an active group have historically been denied “the basic rights of participation” (El, H., 2012), with their absence from educational discussions having become the status quo. The following article introduces the critical commentaries from seven students who were members of a university level Discussion and Debate class in Seoul, South Korea. Their views were shaped from their previous schooling experiences and their hopes for positive changes. The students’ commentaries are responded to by Eugene Matusov. It is the hope of this author that this classroom process may act as one potential model for further educators to invite student voices into academic discourse. In the spirit of Gayatri Spivak’s 1998 essay (Spivak and Riach, 2012), it is time to let the subaltern speak.

Education-for-Myself and Education-for-the Other: The Right to Freedom of Education and Mikhail Bakhtin’s Experience

The article contains reflections on the problem which has arised in Eugene Matusov's article on freedom of education, and considers the experience of Mikhail Bakhtin as an example of the way the right to the freedom can be fulfilled. Not only Bakhtin's life and ideas play a significant role in contemporary social and educational theories and practices, but they reveal how education becomes a result of selection of particular knowledge and one's conscious choice. The core of the article is a correlation of notions “Education-for-myself” and “Education-for-the other” which are taken by the authors as derivatives of the terms of Bakhtin’s early philosophy “I-for-myself” and “I-for-the other”. Thus ideas of “Education-for-an individual” and “Education-for-the society” result from the reflections and can be evidence of the need in mutual understanding and dialogue in order to achieve freedom of education.

“Yes, but…” Yes, and…” - A Sympathetic Challenge (and Reframing) of Matusov’s “The Right for Freedom of Education.”

In this response to Matusov's "Right for Freedom in Education," I will offer two “yes, but…” concerns about crucial complexities of this freedom that I think Matusov leaves unaddressed, and a “yes, and…” alternative pragmatic justification of this freedom that differs from, but I think is more compelling than, Matusov’s.

Free Will and Heutagogy

In this paper we argue that there are at least two conditions for the adequate realization of the capacity of free will – and thus of the realization of the right to freedom of education – that are missing from Matusov's account, and needed to be integrated with it in order to enable the successful implementation of the right to freedom of education principle. We will then offer a different typology of the field of education, a typology that is complementary, rather than contradictory, to Matusov's typology, and use this typology – especially the concept of heutagogy – to offer a way that optimizes freedom of will in education