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58-648: The " Law for the Restoration of the Professional Civil Service " of 7 April 1933 aimed to force all "non-Aryans" to retire from the legal profession and civil service, and other anti-Jewish laws passed in 1933 sought to drive Jews out of other areas of public life. These moves prompted a protest from Captain Leo Löwenstein, the president of the Reich Association of Jewish Frontline Soldiers, who wrote to

116-399: A class on medieval Islam, nor can an art historian run an organic chemistry lab. Moreover, there is no way that the employing institution can provide the kind of retraining that would facilitate such a transformation... even the largest and most well-endowed institution lacks the resources to reevaluate and replace its medieval Islamicists and algebraic topologists every year. Tenure thus lets

174-611: A clause that exempted such people, creating the so-called Frontkämpferprivileg (front-line fighter privilege). To the surprise of the Nazis, nearly 50 per cent of the Jewish officials who faced dismissal were able to prove that they fell into this category. However, the privilege was abolished after Hindenburg's death when the Nuremberg Laws of 1935 instituted systematic discrimination against Jews and deprived them of citizenship. Law for

232-602: A parent or grandparent belonged to the Jewish religion who are non-Aryan .... Thus, the Law by no means excludes the possibility of non-Aryan descent, even if none of the parents or grandparents belonged to the Jewish religion, in the event that non-Aryan descent can be established by other means. Tenure Tenure is a type of academic appointment that protects its holder from being fired or laid off except for cause , or under extraordinary circumstances such as financial exigency or program discontinuation. Academic tenure originated in

290-426: A pay increase may be required to compensate faculty members for the lost job security. Some U.S. states have considered legislation to remove tenure at public universities. A further criticism of tenure is that it rewards complacency. Once professors are awarded tenure, they may begin putting reduced effort into their job, knowing that their removal is difficult or expensive to the institution. Another criticism

348-412: A problem but fail to see how abolishing tenure would help. As things stand, some heterodox scholars do get hired and tenured.. If only the heterodox need formal protection, and we have a problem with growing orthodoxy, then eliminating the formal protection will exacerbate the problem." Skoble argues categorically and plainly against critics that say "tenure protects incompetent professors": "My argument

406-446: A relatively late age, as on average one becomes an Academic Assistant at the age of 42. In 2002 the "Juniorprofessur" position (comparable to an assistant professor in the US, but not always endowed with a tenure track) was introduced as an alternative to "Habilitation". However, the degree of formal equivalence between a "Habilitation" and a successfully completed "Juniorprofessur" varies across

464-516: A series of attendant rights and benefits, yet this status is subject to discussion. In the W pay scale the professorial pay is related to performance rather than merely to age, as it was in C. Under the tenure systems adopted by many universities and colleges in the United States and Canada, some faculty positions have tenure and some do not. Typical systems (such as the widely adopted "1940 Statement of Principles on Academic Freedom and Tenure" of

522-445: Is essential in teaching and research in this regard. In the United States, tenure rights for teachers serving in (K-12) public schools also have been in existence for more than a hundred years. Defenders of tenure, like Ellen Schrecker and Aeon J. Skoble, generally acknowledge flaws in how tenure approvals are currently run and problems in how tenured professors might use their time, security, and power; however, as Skoble puts it,

580-400: Is that it may cause the institution to tolerate incompetent professors if they are tenured. Gilbert Lycan, a history professor at Stetson University , writing in respect of a fellow professor he deemed unacceptable, stated that "the dean ... would not tolerate ineffective teaching by a non-tenured teacher who was making no effort to improve," thereby tacitly admitting, or at least leaving open

638-468: Is that the more I am persuaded that there is groupthink orthodoxy afoot, the more I want assurances that I would not get fired if I write an essay on free trade or the Second Amendment or a book on anarchism. I take it the counterargument is that the more entrenched the orthodoxy becomes, the less likely a heterodox scholar will be tenured, or even hired, in the first place... I can see that this poses

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696-519: Is that when this happens, it is a malfunction of the system, not an intrinsic feature of its proper use. The way it is supposed to work is that incompetent professors do not get tenure in the first place. The rebuttal is 'but they do, therefore tenure is a bad idea.' But that is like arguing that because you ran a red light and caused a train wreck, driving is a bad idea." Some have argued that modern tenure systems diminish academic freedom, forcing those seeking tenured positions to profess conformance to

754-528: The American Association of University Professors ) allow only a limited period to establish a record of published research, ability to attract grant funding, academic visibility , teaching excellence, and administrative or community service. They limit the number of years that any employee can remain employed as a non-tenured instructor or professor, compelling the institution to grant tenure to or terminate an individual, with significant advance notice, at

812-641: The Communist Party or affiliated organizations were to be terminated from their positions. Additionally, the law forbade Jews, non-Aryans, and political opponents from holding positions as teachers, professors, judges, or within the government. Its reach extended to other professions such as lawyers, doctors, tax consultants, musicians, and notaries. Initially, the law sought the dismissal of all non-Aryan civil servants, but subsequent amendments were introduced to exempt World War I veterans, individuals serving since August 1914, and those who had lost family members in

870-573: The Communist Party , or any related or associated organisation were to be dismissed. This meant that Jews, other non-Aryans, and political opponents could not serve as teachers , professors , judges , or other government positions. Shortly afterwards, a similar law was passed concerning lawyers , doctors , tax consultants , musicians, and notaries . As the law was first drafted by the Interior Minister Wilhelm Frick , all those of "non-Aryan descent" were to be fired immediately at

928-639: The Prussian Academy of Sciences and emigrated to the United States before he could be expelled. Article 4 of the Law ("Civil servants who, after their previous political activities, cannot guarantee that they will always stand up for the national state without reservation[…].") had the intention to remove all personnel that, because of their political views, could not be relied upon by the Party to execute its wishes (Gleichschaltung). This Article 4 affected all Germans irrespective of their "racial" origins. Following

986-506: The Reich , Länder and municipal levels of government. However, the President of Germany , Paul von Hindenburg objected to the bill until it had been amended to exclude three classes of civil servants from the ban: Hitler agreed to these amendments and the bill was signed into law on 7 April 1933. In practice, the amendments excluded most Jewish civil servants; after Hindenburg's death in 1934,

1044-475: The United States in the early 20th century, and several other countries have since adopted it. Tenure is a means of defending the principle of academic freedom , which holds that it benefits society in the long run if academics are free to hold and espouse a variety of views, even if the views are unpopular or controversial. Tenure was introduced into American universities in the early 1900s in part to prevent

1102-411: The "First Ordinance for the accomplishment of the Law for the Restoration of the Professional Civil Service, the first definition of a Jew was defined as: A person is to be considered non-Aryan if he is descended from non-Aryan, and especially from Jewish parents or grandparents. It is sufficient if one parent or grandparent is non-Aryan. This is to be assumed in particular where one parent or grandparent

1160-479: The "Siebente Verordnung zum Reichsbürgergesetz". On 1 September 1933, Frick issued the second supplementary decree of the law in attempt to define the terms "Aryan" and "non-Aryan": In defining the concept of Aryan descent in accordance with section 3 of the Law for the Restoration of the Civil Service, it is not religion which is decisive, but rather descent, race, blood. It is in particular not only those of whom

1218-482: The "downsides are either not as bad as claimed, or [are] costs outweighed by the benefits"—and he points out that the very debate about tenure in which he is engaging is made possible by the academic freedom which tenure makes possible. "Tenure remains scholars' best defense of free inquiry and heterodoxy," writes Skoble, "especially in these times of heightened polarization and internet outrage. Let us focus on fixing it, not scrapping it." Supporters of tenure argue that

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1276-433: The "social justice" element of Schrecker's defense makes it seem like present-day assurances of academic freedom create a politically left echo chamber in academic departments, Skoble observes that tenure thus becomes all the more necessary to preserve a diversity of ideas: "There is an orthodoxy in the academy, a well-documented leftward slant in political affiliation. To Bruce, this is an argument against tenure, but my point

1334-511: The 1970s and 1980s and are often no longer refilled after a retirement. In order to attain the position of professor, in some fields, an academic must usually complete a " Habilitation " (a kind of broader second PhD thesis; the very highest degree available within the university, entitling the holder to be a "full professor"), after which they are eligible for tenureship. This means that, compared to other countries, academics in Germany obtain tenure at

1392-561: The AAUP and the Association of American Colleges and Universities (AAC&U), the 1940 Statement is endorsed by over 250 scholarly and higher education organizations and is widely adopted into faculty handbooks and collective bargaining agreements at institutions of higher education throughout the United States. This statement holds that, "The common good depends upon the free search for truth and its free exposition" and stresses that academic freedom

1450-631: The Civil Service Law to differentiate between 'Aryans' and 'non-Aryans'. However, the quantity of how much Jewish blood an individual was allowed to have until it was considered to damage the German Volk remained untenable. (The following is translated from the German version of this page.) Political opponents of national socialism ("Officials who, on account of their past political activities cannot guarantee that they have always acted wholeheartedly for

1508-539: The Nazi leader Adolf Hitler to complain. He pointed out that of Germany's half-million Jewish population, 96,000 had served in the war and 12,000 had perished. He wrote: After the blood sacrifices and services made to the homeland, we firmly believe that the German Jews are entitled to equal rights as citizens. However, it is with deep pain that we see how we are being dishonored and how wide circles of Jews are being deprived of

1566-641: The Restoration of the Professional Civil Service The Law for the Restoration of the Professional Civil Service ( German : Gesetz zur Wiederherstellung des Berufsbeamtentums , shortened to Berufsbeamtengesetz ), also known as Civil Service Law , Civil Service Restoration Act , and Law to Re-establish the Civil Service , was enacted by the Nazi regime in Germany on 7 April 1933. This law, which followed Adolf Hitler 's rise to power by two months and

1624-700: The Third Reich. Adolf Hitler called universal education "the most corroding and disintegrating poison". He appointed Education Minister Bernard Rust , to ensure Nazi racial theories were integrated in university curriculums. This caused a purge of 1500 professors, and by 1939, nearly half of all faculty posts were occupied by Nazis. In the late 1940s, the University of Illinois at Urbana fired several prominent economists for teaching Keynesian economics . Danish universities in advertisements for faculty positions usually state that professor positions are tenured. However,

1682-408: The academic community avoid excessive turnover while still ensuring the quality of the institution's faculty. It is structured around two assessments – one at hiring, the other some six years later – that are far more rigorous than those elsewhere in society and give the institution enough confidence in the ability of the successful candidates to retain them on a permanent basis." Tenure also locks in

1740-404: The amendments were superseded completely by the Nuremberg Laws . Nonetheless, passage of the law was a crucial turning point in the history of German Jewry , for it marked the first time since the last German Jews had been emancipated in 1871 that an anti-Semitic law had been passed in Germany. In one particularly notable example of the law's effect, Albert Einstein resigned his position at

1798-603: The arbitrary dismissal of faculty members who expressed unpopular views. One notable instance was the case of the resignation of Brown University president Elisha Andrews , who advocated silver coinage to reduce the impact on Americans and farmers who owed larger and larger loans due to deflation . The board of Brown University, many of whom were creditors and landowners (positions that benefited from deflation), told Andrews to cease his public advocacy. The Dean of Yale Law School , Francis Wayland , argued that Andrew's free expression threatened donations to Brown, and that money

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1856-451: The base of their economic existence. It also met with the disapproval of Reich President Paul von Hindenburg , a former First World War Field Marshal, who wrote in a letter to Hitler: In recent days, a number of cases have been reported to me in which judges, lawyers and court officials wounded in the war, with unblemished records, have been forced to retire and later have been discharged because they are of Jewish descent. For me, who with

1914-468: The civil service would have to be able to produce the Ariernachweis (proof of Aryan ancestry) in order to prove that they had no ancestors of the Jewish faith. The loophole was closed by the 1935 Nuremberg Laws . Jewish civil servants still holding their posts were given notice by 31 December 1935 at the latest. According to § 6 of the law, civil servants could be forced into retirement without cause "for

1972-596: The decree, Albert Gorter redefined the term 'Aryan' in the Aryan paragraph as: The Aryans (also Indo-Germans, Japhetiten) are one of the three branches of the Caucasian (white race); they are divided into the western (European), that is the German, Roman, Greek, Slav, Lett, Celt [and] Albanesen, and the eastern (Asiatic) Aryans, that is the Indian (Hindu) and Iranian (Persian, Afghan, Armenian, Georgian, Kurd). Non-Aryans are therefore: 1.

2030-427: The different states ( Bundesländer ), and the informal recognition of having served as a "Juniorprofessur" as a replacement for the "Habilitation" in the appointment procedures for professorships varies greatly between disciplines. Due to a university system that guarantees universities relative academic freedom, the position of professor in Germany is relatively strong and independent. As civil servants, professors have

2088-824: The dismissal had not followed the collective agreements and Thybo received an economic compensation. Thybo had insisted that he should be reinstated in his previous position, but this was not supported by the court and the university did not rehire him. The original form of academic tenure was removed in the United Kingdom in 1988 through the Education Reform Act . In its place, there is the distinction between permanent and temporary contracts for academics. A permanent lecturer in UK universities usually holds an open-ended position that covers teaching, research and administrative responsibilities. Academics are divided into two classes: On

2146-448: The end of a specified time period. Some institutions require promotion to associate professor as a condition of tenure. A university may also offer research positions or professional track and clinical track academic positions which are said to be "non-tenure track". Positions with titles such as instructor, lecturer, adjunct professor, research professor etc. do not carry the possibility of tenure, have higher teaching loads (other than maybe

2204-529: The explicit agreement of the government on the day of national awakening, on March 21, issued the proclamation to the German people in which I said I bowed reverentially before the dead and thought with gratitude on the survivors of the war, on the wounded and my old front-line comrades, such treatment of wounded Jewish officials is personally, absolutely insupportable. Hindenburg insisted that Jewish former front-line soldiers and their sons must be allowed to continue in their jobs. The law of 7 April 1933 thus included

2262-682: The highest professional standards while also trying to contribute in some way to the cause of freedom and social justice, I am viewed as a controversial figure in some circles. I would be seriously hampered in my work, however, if I was constantly worrying about losing my job because of something I wrote or said... Tenure is also the mechanism through which institutions create a protected space within which college and university teachers can exercise their craft without worrying that an unpopular or unorthodox undertaking might put their careers at risk. More concretely, it creates an economically secure cohort of senior faculty members who can (and sometimes do) defend

2320-618: The interpretation of tenure at Danish universities has been a matter of controversy. Denmark adopted a more hierarchical management approach for universities in the early 2000s. This new system was introduced by parliament on proposal by the Minister of Science, Technology and Development, Helge Sander , based on his vision that Danish universities in the future should compete about funding in order to increase their attention to marketing and industry. The controversial understanding of tenure in Denmark

2378-445: The kinds of financial remuneration that similarly educated individuals in other fields expect." Furthermore, Schrecker continues, because research positions require extreme specialization, they must consolidate the frequency and intensity of performance evaluations across a given career, and they cannot have the same flexibility or turnover rates as other jobs, making the tenure process a practical necessity: "A mathematician cannot teach

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2436-413: The level of mediocrity as those awarding the tenured professorships. For example, according to physicist Lee Smolin , "...it is practically career suicide for a young theoretical physicist not to join the field of string theory ." Economist Steven Levitt , who recommends the elimination of tenure (for economics professors) in order to incentivize higher performance among professors, also points out that

2494-747: The members of two other races, namely the Mongolian (yellow) and the Negroid (black) races; 2. the members of the two other branches of the Caucasian race, namely the Semites (Jews, Arabs) and Hamites (Berbers). The Finns and the Hungarians belong to the Mongoloid race; but it is hardly the intention of the law to treat them as non-Aryans. Thus … the non-Jewish members of the European Volk are Aryans... However, this definition

2552-431: The national state") should either be forced into retirement or let go from their jobs. Moreover, civil servants should be let go if they had started their jobs after 1918 and were now unable to demonstrate that they had acquired all the training necessary for their careers. These people were called "membership book officials (Parteibuch-Beamte)" in the language of National Socialist propaganda. According to § 3 (1) of

2610-622: The non-pecuniary aspects of academic compensation, lowering the required salary. Above all, however, tenure is essential because it protects academic freedom: not only in cases in which a scholar's politics may run counter to those of their department, institution, or funding bodies, but also and most often in cases when a scholar's work innovates in ways that challenge received wisdom in the field. As much as Ellen Schrecker identifies its flaws, she asserts tenure's crucial role in preserving academic freedom: And yet, despite its whittling away by such unfortunate decisions as Urofsky, Garcetti, and Hong,

2668-707: The one hand, professors (W2/W3&C3/C4 positions in the new and old systems of pay grades) are employed as state civil servants and hold tenure as highly safeguarded lifetime employment; On the other hand, there is a much larger group of "junior staff" on fixed-term contracts, research grants, fellowships and part-time jobs. In 2010, 9% of academic staff were professors, 66% were "junior staff" (including doctoral candidates on contracts), and 25% were other academic staff in secondary employment. Permanent research, teaching and management positions below professorship as an "Akademischer Rat" (a civil service position salaried like high school teachers) have become relatively rare compared to

2726-473: The promulgation of the Enabling Act by two weeks, constituted one of the earliest instances of anti-Semitic and racist legislation in Germany. The primary objective of the law was to establish a "national" and "professional" civil service by dismissing certain groups of tenured civil servants. Individuals of non- Aryan origin, particularly those of Jewish descent, were compelled to retire, while members of

2784-726: The quality of American education as well as the ability of their colleagues to teach, do research, and speak out as citizens without fear of institutional reprisals. Such, at least, is the idealized version of the relationship between tenure and academic freedom. In elementary and secondary schools, tenure also protects teachers from being fired for personal, political, or other non-work related reasons: tenure prohibits school districts from firing experienced teachers to hire less experienced, less expensive teachers as well as protects teachers from being fired for teaching unpopular, controversial, or otherwise challenged curricula such as evolutionary biology, theology, and controversial literature. If

2842-544: The requirement of providing evidence of Aryan ancestry. A series of related ordinances were issued to implement the law and introduce further regulations. Article 1 of the Law claimed that in order to re-establish a "national" and "professional" civil service, members of certain groups of tenured civil servants were to be dismissed. Civil servants who were not of Aryan descent were to retire. Non-Aryans were defined as someone descended from non-Aryans, especially those descended from Jewish parents, or grandparents. Members of

2900-483: The research positions), have less influence within the institution, lower compensation with few or no benefits (see adjunct professor ), and little protection of academic freedom . In response to Nazi manipulations of university faculty in Germany, the modern conception of tenure in US higher education originated with the American Association of University Professors ' (AAUP) 1940 Statement of Principles on Academic Freedom and Tenure. Jointly formulated and endorsed by

2958-432: The security granted by tenure is necessary to recruit talented individuals into university professorships, because in many fields private industry jobs pay significantly more; as Schrecker puts it, providing professors "the kind of job security that most other workers can only dream of" counterbalances universities' inability to compete with the private sector: "Universities, after all, are not corporations and cannot provide

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3016-467: The simplification of administration". The vacant positions created by this action were not to be refilled. In rapid succession numerous regulations were dispensed with, as well as many employees and labourers in civil service as well as in the Reichsbank. Pensions were not allowed for all groups of people forced into the ranks of pensioners by this law. The guaranteed old-age pension was reduced in 1938 by

3074-429: The traditional form of academic freedom still exists, misunderstood and imperiled as it may be. It exists by virtue of two practices that protect the job security and institutional authority of college and university teachers: tenure and faculty governance. It exists as well because of the procedural guarantees that surround those practices... My own experiences prove tenure's value. As a historian who wants to conform to

3132-439: The war. This law represented a significant turning point for German Jewry , prompting notable figures such as Albert Einstein to resign and emigrate prior to being forcibly expelled. Another provision aimed to remove personnel deemed unreliable due to their political beliefs. The legislation defined Aryan lineage and established a distinction between Aryans and non-Aryans. It also included provisions for compulsory retirement and

3190-449: Was demonstrated by University of Copenhagen in 2016, when the university fired the internationally renowned professor, Hans Thybo , due to what they regarded as unacceptable and untenable behavior (putting pressure on postdoc in regards of an employment survey and using private emails for work related matters despite repeated warnings about it). The handling of the firing was criticized by other researchers. A later court decision ruled that

3248-548: Was of the Jewish religion. They could be let go or prematurely forced into retirement. According to § 3 (2), however, "non-Aryan" officials should be left in their positions if they had occupied those positions since a date before August 1914. Those Jewish civil servants who had a son or father who had been killed in the First World War were also spared from being sacked. This loophole also applied to "Frontkämpfer" (Front-line soldiers) (see Frontkämpferprivileg ). All persons in

3306-444: Was the life blood of universities. In 1897 Andrews was forced to offer his resignation, but there was a backlash by faculty and students who advocated that he should be protected under the principles of free speech. The board reversed its decision and refused Andrews' resignation. A year later, Andrews resigned anyway. Before Nazism , Germany had been a leader in academic tenure, but free speech and tenure were severely curtailed under

3364-516: Was unacceptable because it included non-European races. Achim Gercke later redefined this unacceptable definition as the one already used by the Expert Advisor for Population and Racial Policy which stated "An Aryan is one who is tribally related to German blood. An Aryan is the descendant of a Volk domiciled in Europe in a closed tribal settlement since recorded history." This new definition allowed

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