Articles

No Thoughts Barred: In Defence of (Nearly) Absolute Academic Freedom

Mgr Przemysław Rybiński

University of Wrocław

English abstract: There is no agreement as to whether academic freedom is a variation (perhaps a subset) of freedom of speech – which is individual in its character and which governs a person’s relations with other persons and with the state – or a cluster of rules unlike freedom of speech, which has a different origin and which is enjoyed by the academic community as a whole. Irrespective of which of these claims is true, some concepts that originated in US case law on the First Amendment to the Constitution of the United States may well be imported to the discourse on the scope of academic freedom held within the civil law tradition. In light of both the functionalist and natural law positions on the nature of freedom of speech, this article argues three points about the normative environment of academia: first, academic freedom (freedom of research, freedom of teaching) is rooted in natural human curiosity and urge to communicate; second, the error-correcting features of the scientific method are consistent with self-correcting features observed in static normative systems such as systems of professional ethics in professions of public trust; third, any normative environment of the academia must conform with the notions of content neutrality and a marketplace of ideas. These points suggest that academic freedom cannot be subject to limitations, whether external (relating to law, scoring systems or funding) or internal (relating to non-merit based themes of discourse).

Key words: freedom of speech, academic freedom, content neutrality, marketplace of ideas, ethics

Language: polish

Published: Number 4(2025), pp. 112–124.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.112

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On Academic Freedom. Commentary on Ronald Dworkin’s Approach

Dr Paweł Jabłoński

University of Wrocław

English abstract: Academic freedom of expression today is caught in the crossfire of many intense culture wars. Traditional liberal defences of free expression and freedom of speech seem to be insufficient. This paper argues that we need a fresh theoretical lens to understand and solve these conflictual situations in which university teachers often find themselves. Adopting an analytical and philosophical approach grounded in legal theory, my paper uses Stanley Fish’s neopragmatist, anti-foundationalist framework to reconceptualize academic freedom of expression. The central thesis of my article is that academic freedom is not an absolute individual right to say anything one pleases but a context-bound freedom defined by academia’s internal norms and purposes. In contrast to liberal theories that invoke universal principles, such as Mill’s “marketplace of ideas” or broad “First Amendment” rights, Fish’s perspective insists that all speech is constrained by its interpretive community. This paper critically evaluates liberal justifications for free academic expression, showing how these rely on abstract foundations that Fish’s neopragmatism calls into question; it reconstructs a Fishian account of academic freedom based on “professional correctness,” the idea that scholars are free only to the extent that their different forms of expression are coherent with the specific professional objectives and standards of scholarly inquiry.

Key words: Ronald Dworkin, academic freedom, freedom of speech, academic teacher, culture of independence

Language: polish

Published: Number 4(2025), pp. 96–111.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.96

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Number of downloads: 166,936

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Academic Freedom on the Frontlines of Culture Wars: Stanley Fish and the Freedom of Expression of a University Teacher

Dr Jakub Łakomy

University of Wrocław

English abstract:Academic freedom of expression today is caught in the crossfire of many intense culture wars. Traditional liberal defences of free expression and freedom of speech seem to be insufficient. This paper argues that we need a fresh theoretical lens to understand and solve these conflictual situations in which university teachers often find themselves. Adopting an analytical and philosophical approach grounded in legal theory, my paper uses Stanley Fish’s neopragmatist, anti-foundationalist framework to reconceptualize academic freedom of expression. The central thesis of my article is that academic freedom is not an absolute individual right to say anything one pleases but a context-bound freedom defined by academia’s internal norms and purposes. In contrast to liberal theories that invoke universal principles, such as Mill’s “marketplace of ideas” or broad “First Amendment” rights, Fish’s perspective insists that all speech is constrained by its interpretive community. This paper critically evaluates liberal justifications for free academic expression, showing how these rely on abstract foundations that Fish’s neopragmatism calls into question; it reconstructs a Fishian account of academic freedom based on “professional correctness,” the idea that scholars are free only to the extent that their different forms of expression are coherent with the specific professional objectives and standards of scholarly inquiry.

Key words: academic freedom, freedom of expression, culture wars, Stanley Fish, university teacher

Language: English.

Published: Number 4(2025), pp. 77–95.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.77

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The Academic Teacher in Times of Rule of Law Crisis. The Dynamics and Prospects, on the Example of Academic Lawyer Teachers

Dr hab. Sławomir Tkacz, prof. UŚ, Dr hab. Aleksandra Wentkowska, prof. UŚ

University of Silesia in Katowice

English abstract: One of the most important issues recently addressed in the literature is the threat to democracy and the rule of law. It is pointed out that the necessity of verifying the role and tasks of key political institutions, primarily the state, is determined by the nature and dynamics of changes occurring in the modern world. The issue of threats to democracy and the crisis of the rule of law has frequently been discussed in Polish theoretical and doctrinal legal works produced after 1926. Authors such as Sz. Rundstein and Sz. Starzewski often raised concerns about the dangers associated with phenomena referred to as “anti-constitutional tendencies.” Their published studies addressed both internal threats and the dangers arising from the formation of fascist states and the Soviet state. The findings made at that time remain highly relevant today. Therefore, in the context of the challenges faced by legal practice and legal science today, it seems justified to recall the conclusions formulated nearly 100 years ago.

Key words: Fascism, democracy, rule of law, total state, authoritarianism, civil rights, Nazi and Soviet totalism

Language: polish

Published:Number 4(2025), pp. 58–76.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.58

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Between Protection and Restriction: Academic Freedom in the Case Law of Turkish Administrative Courts Through the Lens of Frederick Schauer

Dr. Muhammet Koçakgöl

Social Sciences University of Ankara

Dr. Olcay Karacan

Cukurova University

English abstract: The question of freedom of expression involves more than just the ability to voice an idea; it also encompasses the broader context in which such expression emerges. Nevertheless, in legal discussions the focus is often narrowed to the boundaries of what may or may not be said. These discussions frequently remain confined within a binary framework of restriction versus protection, primarily through legal instruments, and seldom move beyond this limited perspective. In line with Schauer’s view, the legal approach tends to classify and reach definitive judgments “by its very nature”. Yet, as Schauer himself underlines, this does not mean that freedom of expression and/or academic freedom is valuable solely for its own sake. Schauer’s framework, therefore, offers a way to move past the confines of strictly legalistic debates. He provides not only a legal but also a philosophical basis for examining how expression is either restricted or protected.

This article does not attempt to explore the entirety of Schauer’s arguments on freedom of expression. Instead, it concentrates on evaluating how the Turkish administrative judiciary approaches academic freedom of expression, particularly from the point of view of the tension between restriction and protection. The central question it addresses is: What are the protective and restraining dynamics shaping academic freedom of expression in the case law of Turkish administrative courts, especially in the context of the Academics for Peace? Drawing on Schauer’s analysis of the instrumental function of expression and the institutional limits placed on academic freedom, the article argues that the core issue lies not only within the judiciary but also in structural constraints, such as universities and academic hierarchies, that may foster self-censorship.

Keywords:freedom of expression, academic freedom, Frederick Schauer, Turkish administrative judiciary, Academics for Peace, self-censorship

Language: English.

Published: Number 4(2025), pp. 46–57.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.46

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Freedom of Academic Debate: For All or for the Chosen Ones? Students’ Attitudes Towards Freedom of Speech Limits for Academics

Mgr Ewa Ilczuk, Mgr Andrzej Porębski

Jagiellonian University

English abstract: The results show that students relatively commonly demand that such persons be dismissed from the university or banned from academic activities: application of the harshest consequences was proposed at least once by 38% of respondents. The survey also showed that the respondents’ worldview had a key influence on their decisions: when it was in line with the worldview described in the story, respondents were much more accepting. Meanwhile, neither gender, age, nor the declared value attributed to freedom of speech were significant predictors of acceptance. The obtained results significantly contribute to the discussion about contemporary trends in freedom of speech restriction in academia. They should be taken into account when planning actions aiming at safeguarding academic freedoms. They can also help better understand the sources of academic punitiveness and draw attention to the risks associated with its subjective nature.

Keywords: academic debate, freedom of speech, academic freedom, cancel culture, punitiveness, worldview

Language: polish

Published: Number 4(2025), pp. 21–45.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.21

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Freedom of Speech of an Academic Teacher: Some Conceptual Clarifications and a Landscape of Challenges

dr Paweł Jabłoński, prof. dr hab. Przemysław Kaczmarek, dr Mateusz Wojtanowski

University of Wrocław

English abstract: In presenting this special issue of the “Archiwum Filozofii Prawa i Filozofii Społecznej. Journal of the Polish Section of IVR”, we would like not only to briefly introduce the contents of the individual articles that make up this volume but also to attempt to outline the field of research we are entering. We pursue these tasks in the following order. In the introductory section (1) we present the reasons why it is important and necessary today to address the titular issue. Next, we clarify the notion of the “academic teacher” (2). We then discuss the relationship between “freedom of speech” and “academic freedom”, noting that the relation is far less obvious than it might initially appear (3). Subsequently, we propose a division of the spheres of academic expression into three complementary areas, while emphasizing the preliminary and provisional nature of this distinction (4). In the next section (5) we outline one of the core disputes in the field of academic freedom, namely the opposition between activism and passivism. The final section (6) reviews the content of the articles included in this volume.

Keywords: freedom of speech, academic teacher, academic freedom

Language: English

Published: Number 4(2025), pp. 5–20.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.5

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Finding legal approaches to dealing with the past after the fall of communism from the perspective of legal theory and comparative law

Dr hab. Christoph-Eric Mecke, prof. UZ

University of Zielona Góra

English abstract: The paper deals with the question of legal punishment of crimes, in particular crimes against life and freedom, which were committed in the former socialist states of Central and Eastern Europe in the name of the State or at least with its tacit approval. This question is discussed in the paper from the perspectives of legal theory and comparative law.

After clarifying the concept of “communist crimes”, which in countries such as Poland is even a legal concept of applicable law, the first part of the paper examines the legal-theoretical and legal-philosophical problems of criminal penalties for massive human rights violations committed under the laws of the socialist era. As legal-theoretical polar opposites in this regard, it presents the position of Gustav Radbruch with his two famous formulae and the position of Hans Kelsen’s legal positivism. It points out that in the case of communist crimes only the first of Radbruch’s two formulae, the “intolerability formula” can be applied.

The perspective of comparative law is the subject of the second part of the paper. It shows that the spectrum of criminal-law dealing with the communist past since 1989 ranges from a relatively systematic legal prosecution of at least the most serious human rights violation, for example in the cases of homicides at the former inner German border, to complete non-prosecution by the judiciary of Eastern European states such as Russia, Belarus, Georgia, Bulgaria or Croatia. Where criminal prosecution took place, the question arose not only of the statute of limitations, but also of the nulla poena sine lege principle. This principle, which is based on the rule of law, is not only important with respect to the validity of statutory law during the communist era, but also with regard to the different interpretative practices of courts in the former socialist states.

Keywords: legal reassessment of communist crimes, post-socialist states of Central and Eastern Europe, Kelsen’s legal positivism, Radbruch’s two formulae, rule of law, nulla poena sine lege

Language: English

Published: Number 3(44)/2025, pp. 138-155.

DOI: https://doi.org/10.36280/AFPiFS.2025.3.138

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The forgotten genocide. Extermination of the Crimean Tatars

Prof. dr hab. Jacek Sobczak

VIZJA University

Dr hab. Ksenia Kakareko, prof. UW

University of Warsaw

Dr hab. Maria Gołda-Sobczak, prof. UAM

Adam Mickiewicz University of Poznań

English abstract: The present study was motivated by the authors’ intention to analyse the actions of the USSR authorities in 1944 in Crimea against the local Tatar population. The central thesis of the study is that these actions can be classified as genocide. The study’s starting point is an analysis of the concept of R. Lemkin, who was the first to use the term “genocide”, describing its techniques, means, goals and causes. It is also noted that, in the subsequent period, there emerged a number of concepts related to extermination of populations, with the considerations of R. Lemkin being identified as the foundation for the Convention on the Prevention and Punishment of the Crime of Genocide. The contents of this Convention and the related achievements of the International Criminal Court are analysed. The formal-doctrinal legal method is the primary approach used in the research, both in relation to R. Lemkin’s arguments and in the context of interpreting the Convention, as well as in reporting on the views of the International Criminal Court. The linguistic analysis employs the hermeneutic method, albeit to a limited extent, while in the assessment of the operation of the USSR’s repression apparatus, the axiological method of examining law is utilized. The research findings allow for formulating the conclusion that the deportation of the Tatar population from Crimea in 1944 exhibited all the features of the crime of genocide.

Keywords: genocide, Convention on the Prevention and Punishment of the Crime of Genocide, Tatars, Crimea, deportation, extermination

Language: English

Published: Number 3(44)/2025, pp. 119-137.

DOI: https://doi.org/10.36280/AFPiFS.2025.3.119

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Mgr Przemysław Rybiński

University of Wrocław

Dr Paweł Jabłoński

University of Wrocław

Dr Jakub Łakomy

University of Wrocław

Dr hab. Sławomir Tkacz, prof. UŚ, Dr hab. Aleksandra Wentkowska, prof. UŚ

University of Silesia in Katowice

Dr. Muhammet Koçakgöl

Social Sciences University of Ankara

Dr. Olcay Karacan

Cukurova University

Mgr Ewa Ilczuk, Mgr Andrzej Porębski

Jagiellonian University

dr Paweł Jabłoński, prof. dr hab. Przemysław Kaczmarek, dr Mateusz Wojtanowski

University of Wrocław

Dr Kajetan Górny

University of Zielona Góra

Dr hab. Christoph-Eric Mecke, prof. UZ

University of Zielona Góra

Prof. dr hab. Jacek Sobczak

VIZJA University

Dr hab. Ksenia Kakareko, prof. UW

University of Warsaw

Dr hab. Maria Gołda-Sobczak, prof. UAM

Adam Mickiewicz University of Poznań