This Blog involves Anthony Fejfar's writing which relates to philosophy, theology, business, law, jurisprudence, etc.
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Wednesday, September 29, 2010
The United States Constitution and Natural Law Protects Academic Freedom
The United States Constitution and Natural Law protects Academic Freedom for each person. Magna Charta and the Declaration of Independence each guarantee that each person has a Natural Right to Liberty, and thus, Academic Freedom, following Natural Law, which is based upon reason. Where there is state action under color of state law, which there is in any universtiy, especially in a law school, each professor's Liberty interest, guarantees that professor's Academic Freedom under the Substantive Due Process clauses of the 5th and 14th Amendments. Thus, in the faculty review process, and in the law school or university tenuring process, and then after tenure, each faculty member is entitled to the protections of Substantive and Procedural Due Process. Thus, as long as what the professor writes or teaches is in accordance with reason, then the professor must be rewarded, and cannot be punished or fired. In regard to the foregoing, reason is defined as a composite of love, logic, and intuition. Love is defined as a postive feeling going outward. Logic is defined as the use of those logic rules which do not violate the basic Cogntive Psychology, Concrete Logic rule of avoiding a logical contradiction. Finally, intuition involves high speed, alinear, analogical thought processes, which manifest in the person's preconsious mind, or unconscious mind, and which, can go "quantum" and involve quantum non-locality, at a distance.
Labels:
academic freedom,
law school,
liberty,
natural law,
reason,
tenure
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