The first part of this extended argument combines
a basic maxim of rights with advantages of the professional service paradigm to
show that continued use of the triad is a violation of the unenumerated right
of academics to earn a living.
This leg focuses on the
positive nature of enumerated rights articled in the International Covenant on
Economic, Social and Cultural Rights and the United Nations International
Declaration of Human Rights.
Canada, France, Germany, India, the UK and US have
ratified these rights documents. These and
other signatories who use the triad stand in breach of two articles with
explicit reference to higher education:
1) 13, sections 2 (c) and (e) of the International
Covenant reads: (c) Higher
education shall be made equally accessible to all, on the basis of capacity, by
every appropriate means, and in particular by the progressive introduction of
free education; and (e) The development of a system of schools at all levels
shall be actively pursued, an adequate fellowship system shall be established,
and the material conditions of teaching staff shall be continuously improved;
and
2) 26 of
the UN International Declaration of Human Rights reads: Technical and professional
education shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.
Articled Imperatives and Available
Means
As was
the case in Part 1 state action must be consistent with the basic maxim: the more
individuals able to exercise their rights the better. Unlike the first leg, there is no dispute
over the existence of the rights in question or that the documents enumerating them
explicitly article more than non-interference.
Relevant
portions of Articles 13 and 26 might be spliced in the following imperative: By
every appropriate means progress toward free higher education, with equal
access (based on capacity or merit) and continuous improvement in the material
conditions of academic labour.
The action
required of signatories is messy business.
There are competing positive rights, finite to scarce resources and concepts
rife with opportunity for wordplay such as “equal,” “capacity,” “progressive,” “free,”
“merit,” and “improvement.” In these
conditions each play results in different social formulations of compliance with
the basic maxim and articled imperatives.
The
professional alternative is at least among every available means of compliance. Medicine, law, psychiatry, engineering and
other professions offer service of comparable importance and even kind, with core
labour earning necessary credentials from academics - the majority of which must
practice higher education as part time employees of triad institutions.
If
individuals taught and trained by academics are capable of offering consequent sophisticated
professional services through independent private practice, then the same can
be done for higher education. As
evidence of plausibility consider a professional translation of the core service relationship of the enterprise between student and academic.
The only
question is whether the professional alternative is among every appropriate
means.
By Every Appropriate Means
Whether
the term ‘appropriate’ refers narrowly to articled conditions of improved access
and free higher education or broad
social conditions of competing rights and economics, the appointed benefits of
the professional alternative liberate signatories to pursue more progressive formulations
of the enshrined rights.
Setting
aside discussion of broader conditions, at least on the narrow understanding
this paradigm is appropriate.
Under the triad one clear way to achieve greater
universality in access is to secure more public support for higher
education. If there were more money then
capacity based on any measure could be expanded, no longer defined by the singular stark reality
of diminished public funding and appreciation for the civic enterprise.
Wealth has always operated as a liberator. The wealthier are better off, be they individual,
institution or enterprise. But in a context
of persistent poverty its benefits must be achieved by means other than the
acquisition of scarce new or reallocated wealth.
If the professional service paradigm were adopted the total cost of providing higher education could be reduced by as much as 75%, to the price of tuition alone. With this sort of cost reduction those that
were not wealthy enough to afford an education under the current paradigm could
do so. Among other things the state
could offer more comprehensive student grant programs and remove the need for crippling
loans secured through government programs or non-government lending institutions.
This is a third way of acquiring wealth, recovered in
cost-savings realized by dismissal of the unnecessary and unsustainable triad
service paradigm.
With more
subtlety, if violation of the right of academics to earn a living as other
similarly
placed
labour were stopped and academics could offer their expertise as professionals outside
the triad then absolute capacity of the enterprise would be increased, since
the labour force would no longer be restricted to limited and exploitive
institutional employment opportunities. More
qualified academics in circulation and substantially reduced enterprise costs would
mean better accommodation of merit and need, as niche practices emerge for
students from the remedial to the exceptional and from the financially
advantaged to the disadvantaged.
There would
be a place in higher education for all, or at least for many more than the
triad paradigm can hope to furnish with proper access.
Not only
is equal access expanded, but academic labour would have its material
conditions substantially improved in the process. Capable of operating on no more than the
average rate of tuition, the professional alternative would at least double the national average annual income of $75,000 and neutralize other
exploitive features of institutional higher education. I
have also argued that it would result in a better fellowship system and enterprise stewardship (Chapters 3 to 5).
Whether
it is measured in terms of financial need, scholastic ability, place of residence or labour circumstance this alternative paradigm affords
signatories the opportunity to create the sort of higher education system described
in Articles 13 and 26, including one that is free.
Because
the total cost would be dramatically reduced the state could provide much
cheaper if not free higher education. Advertised
tuition represents between 25 and 33% of the total cost of the triad (not
including the cost in government and union labour).
With the
introduction of the professional paradigm there would be an embarrassment of
wealth.
Nations
bound by these rights agreements could more easily finance the entire reduced
cost and since state support for the triad demands 3 to 4 times the public
resources there would be plenty in remainder for use elsewhere by society,
perhaps for even more ambitious development of free higher education world wide.
Violation of the Articled Rights
With both
legs extended this argument makes it is clear the professional service paradigm
(and perhaps another) must be adopted to demonstrate progress toward full realization of the articled
rights or stand in breach of international agreements and a basic maxim of
human rights.
Failure
to do so is an ethical and legal transgression that negatively impacts the
social mobility of students and academics by obstructing and not constructing
the right of academics to earn a living in a system with free higher education.
But
forget any alleged breach of formal agreement.
Because of the critical function higher education has in the advancement
of civilization we are obligated to do better than the triad.
It is the
source of virtually all knowledge in important areas from the environment and energy
to the cosmos and computation. If there
are means of responding to the challenges humanity faces or achieving the goals
we have for person and planet, they will with high probability come from this
civic enterprise.
The
violation here is more profound than law alone can articulate.
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