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Journal of the Polish Section of IVR (ISSN:2082-3304)

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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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Filed Under: Articles Tagged With: academic freedom, culture wars, freedom of expression, Stanley Fish, university teacher

Fish – Dworkin debate as an example of dispute about practice of interpretation of law

Dr Michał Pełka

University of Warsaw


English abstract:
The aim of the article is to critically asses the theories of interpretation developed by two prominent philosophers, namely Stanley Fish and Ronald Dworkin. After first describing and reconstructing their ideas the paper then identifies problems concerning the stance according to which everything in applying law depends on interpretation. The critic is based on the Ludwig’s Wittgenstein remark that there must be grasping the rule (or more broadly a meaning of any word) which is not interpretation, otherwise we end up in regressus ad infinitum fallacy. Paper’s main claim is that although the theory of R. Dworkin is not fully free from defects it has nevertheless more explanation power than the opponent’s propositions.

Keywords: legal interpretation, meaning, Stanley Fish, Ronald Dworkin, Ludwig Wittgenstein

Language: Polish

Published: Number 2(11)/2015, p. 86-105.

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Filed Under: Articles Tagged With: legal interpretation, Ludwig Wittgenstein, meaning, Michał Pełka, Ronald Dworkin, Stanley Fish

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Keywords

contestation American jurisprudence judicial practice subjectivism public sense of justice original position contextualism conventional acts in law identification process universality of human rights syllogistic model for application of the law spiritual crisis phenomenological philosophy mutual justifications administrative case law revolutionism legislative theatre judicial opinion the criminal process and citizens contract law Jursiprudence problem of pre-understanding citizens' participation in criminal justice law and economics Julius Binder incommensurability of values legal argumentation manuscrits philosophiques clandestins Adam Sulikowski Marcin Pieniążek principle of validity legal status of animals principle of trust in public authorities Marek Jakubiec judicial formalism nonpositivist concept of law ratio legis self-censorship proceeds of crime hard cases GDR (German Democratic Republic) conventional act in law law and morality libertarianism equalisation of opportunities Paweł Łabieniec conceptual motivation virtue cognitive science propaganda legal abduction

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