The distinction is important. Quite often freedom in teaching is spoken of as permitted by the state, as if it was identical with ethical permission. If freedom in teaching is permitted by the state, this evidently means only that the state permits teaching without interference on its part; it says, I do not stand in the way, I let things proceed. But this does not mean that it is right and proper. The burden of personal responsibility rests upon him who avails himself of a freedom which, though not hindered by the state, is in conflict with what is right. The state tolerates many things—it does not interfere against unkindness, nor against extravagance, nor deceit; nevertheless everybody is morally responsible for such doings.
If, then, we take up the question, what position social authority should take toward scientific teaching, whether it be in the higher schools, or outside of them, we are considering chiefly the state. It is the state that enters most into consideration when freedom in teaching nowadays is discussed; the state may interfere most effectively in the management of schools and universities, for these are state institutions in most countries.
Universities as State Institutions.
They were not always state institutions. The universities of the Middle Ages were autonomous corporations, which constituted themselves, made their own statutes, had their own courts, but enjoyed at the same time legal rights. Conditions gradually changed after the Reformation. The power of princes began more and more to interfere in the management of the universities, until in the seventeenth century, and still more in the eighteenth, the universities became state institutions, subject to the reigning sovereign, the professors his salaried officials, and text-books, subject and form of instruction were prescribed by the minute, paternal directions of the sovereign, and with the [pg 342] mania for regulating that was a feature of the eighteenth century. The nineteenth century brought more liberty; it was demanded by the enlarged scope of universities, which no longer were only the training schools for the learned professions, but became the home of research, needing freedom of movement.
Nevertheless, universities are in many countries still state institutions. They are founded by the state, are given organization and laws by the state; the teachers are appointed and given their commissions by the state. They are state officials, though less under government supervision than other state officials. At the same time these universities are possessed of a certain measure of autonomy, a remainder of olden times. They elect their academic authorities, which have some autonomy and disciplinary jurisdiction. Likewise the separate faculties have their powers; they confer degrees, administer their benefices, and exert considerable influence in filling vacant chairs.
The state then considers it its duty to grant freedom in teaching. “Science and its teaching are free,” says the law in some countries. No doubt a loosely drawn sentence; at any rate, it means that science should be granted the proper freedom. And this freedom it must have. We have become more sensitive of unjustified paternal government than were the people of the eighteenth century.
The Object of the State.
What kind of a freedom in teaching, then, should be granted by the state? Unlimited freedom? This is, at any rate, not a necessary conclusion. The state must also grant freedom to the father for the education of his children, to the landowner for the culture of his fields, to the artist in the production of his works; but that freedom would not be understood to be an unlimited one, having no regard to the interests of society, but merely as the exclusion of unwarranted interference. Hence if the state, for reasons of the commonwealth, were to restrict freedom of teaching, the restraint could not be considered unjust. The purpose of the state must not suffer injury; to attain this purpose the state has the right to demand, [pg 343] and must demand, all that is necessary to the purpose in view, even though it entails a restriction of somebody's freedom. Now for a definition of this purpose of the state.
Like any other society, the state seeks to attain a definite object, so much the more because the state is necessary to man, who otherwise would have to forego the things most needed in life; and but for the public co-operation of the many these could be attained not at all, or at least not sufficiently. To provide these things is the object of the state, viz., the public welfare of the citizens; it is to bring about public conditions which will enable the citizens to attain their temporal welfare. To this end the state must protect the rights of its subjects, and must protect and promote the public goods of economic life, but especially the spiritual benefits of morals and religion. The state, through its legislative, judicial, and executive functions, is to direct effectively the community to this end; therefore it is incumbent upon the state to care for the preservation and promotion of both material and spiritual benefits, for the protection of private rights, and for the conditions necessary to its own existence, even against the arbitrary will of its subjects.