john anthony vigilanti

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O rder N u m b er 9123128

The autonomy of the student in higher education: An interdisciplinary examination of academic freedom in Catholic universities

Vigilanti, John Anthony, Ed.D.

Fordham University, 1991

Copyright ©1990 by Vigiianti, John Anthony. Ail rights reserved.

UM-I300 N. Zeeb Rd.Ann Aibor, MI 48106


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THE AUTONOMY OF THE STUDENT IN HIGHER EDUCATION: AN INTERDISCIPLINARY EXAMINATION OF ACADEMIC

FREEDOM IN CATHOLIC UNIVERSITIES

JOHN ANTHONY VIGILANTI, EdDAB, St. Joseph's Seminary, 1968

MDiv, St. Joseph's Seminary, 1972 MRE, Catechetical Institute, 1979

MA, Fordham University, 1982 JCL, Catholic University of America, 1984

MS, Iona College, 1987

Mentor John Elias, EdD

Readers Charles Russo, JD, EdD Robert Starratt, EdD

DISSERTATIONSUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS

FOR THE DEGREE OF DOCTOR OF EDUCATION IN THE GRADUATE SCHOOL OF EDUCATION OF

FORDHAM UNIVERSITYNEW YORK 1991

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c FORDHAM UNIVERSITY

G r a d u a t e Sc h o o l

October 4 SO19

This dissertation prepared under my direction by

John A. Vigilanti_______________________________

entitled THE AUTONOMY OF THE STUDENT IN HIGHER ED.AN INTERDISCIPLINARY EXAMINATION OF ACADEMIC FREEDOM IN CATHOLIC UNIVERSITIES__________________________

has been accepted in partial fulfillment of the requirements fo r the

Degree o f Doctor of Education______________________

fbhn Elias (F acu lty Adviser)

Committee Members:

Dr. C. Russo Dr. R. Starratt

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° Copyright by John Anthony Vigilanti, All Rights Reserved

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1990


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iiik.-'

ACKNOWLEDGEMENTSThe author wishes to acknowledge his parents who

instilled in him a genuine thirst for knowledge and who supported him generously in his continuing search for truth. Perhaps their greatest gift was one of independence. The subject matter of this dissertation is a testament to their legacy.

No work of this complexity can be brought to its conclusion without the skills and talents of those who worked laboriously over the various drafts of the text. To my sister Annette and to my loyal friend Jeannette the author extends his inadequate gratitude.

The author wishes to acknowledge Msgr. Charles McManus and the people of St. Bartholomew's Parish, Yonkers, New York for seven spirit-filled years of pastoral work, their gentle encouragement, and their continuing friendship.

This author would be remiss if he did not acknowledge the kindness and generosity of the Ursulines of the New York Province. In addition, a note of thanks to the staff and men of the 102D Engineer Battalion, 42D Infantry Division, New York National Guard for allowing me the opportunity to digest a welter of articles and documents in the preparation of this dissertation while serving as the Battalion Chaplain.

J.A.V.


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DEDICATIONThis dissertation is dedicated to those adult Catholics

who are faced with new and bewildering questions as they seek to grow in grace and wisdom. May they come to realize that the discovery of truth is not an event but a lifelong process. May this realization bring them encouragement.May it move them to continue the search, to remain open to new possibilities, and to critically evaluate the formulae of the past. In so doing may their unique contribution enrich the Church and those beginning their own personal journey of discovery.

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TABLE OF CONTENTSPage

ACKNOWLEDGEMENTS...................................... iiiD E D I C A T I O N .............................................. ivPROLOGUE................................................... 1

Purpose of Study................................ 1Context of the Problem......................... 3Theoretical Rationale.......................... 5Significance of Study.......................... 7Definition of Terms.............................8Methodology.................................... 12Organization................................... 21Limitations of Study.......................... 24

ChapterI. HIGHER EDUCATION: HISTORICAL SURVEY........... 26

Organization.................................... 27Bologna..........................................29Teaching Methods................................ 32Academic Freedom: German Contribution......... 35American Higher Education: Foundations........ 41The Student..................................... 44Philosophies of Higher Education...............50Catholic Higher Education: United States.......54Philosophy of Catholic Higher Education....... 62Summary..........................................69


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TABLE OF CONTENTSPage

ChapterII. AUTONOMY: PHILOSOPHICAL FOUNDATIONS............ 72

Introduction.................................... 72Autonomy: General Notions...................... 74Autonomy in Philosophical Thought............. 75Autonomy: A Goal of Education..................93Autonomy: An approach to Education............ 97Research on Autonomous Learning...............101Autonomy and Student Development..............103Adult Student Autonomy........................ 105Paternalism.................................... 119Summary.........................................123

ChapterIII. ADULT DEVELOPMENT, LEARNING, AND EDUCATION....126

Introduction................................... 126Adult Development..............................128Adult Education................. 142Critical Thinking in Adult Education......... 154Philosophies of Adult Education...............165

Liberal Adult Education..................... 166Progressive Adult Education.................171Humanistic Adult Education.................. 175Radical Adult Education..................... 179Analytic Philosophy Of Adult Education 183


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c TABLE OF CONTENTSvii

PageSummary.........................................187

ChapterIV. THEOLOGICAL CONSIDERATIONS..................... 190

Introduction.................................... 190Conciliar Insights of Vatican II...............191Christian Adulthood.............................203Revised Code of Canon Law...................... 211Reception....................................... 215Dissent..........................................225Summary..........................................230

ChapterV. ORGANIZATIONAL AND ADMINISTRATIVE

CONFIGURATIONS.................... 232Introduction.................................... 232Catholic Institutions of Higher Learning......234Land O'Lakes.................................... 239Kinshasa........................................ 241Rome.............................................242Post Vatican II to the Present.................245Theological Styles: 1965 to the Present....... 260Summary, Conclusions and Recommendations......264

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^ viiiTABLE OF CONTENTS

PageREFERENCES............................................... 276ABSTRACT................................................. 317VITA......................................................319

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PROLOGUE

Purpose of Study

The purpose of this study is to examine the notion of academic freedom in Catholic institutions of higher learning in the United States, not from the traditional stance of the institution or professor, but rather from the student's right to learn (Annarelli, 1987). This study focuses primarily on the student's right to know and to learn as the basis of academic freedom for both students and instructors within Catholic institutions of higher learning, regardless of a particular institution's degree of affiliation to the official church. Should there be full academic freedom, as historically conceived, in the contemporary Catholic university? Should even the most rigidly controlled Catholic institution or specialized faculty of theology under the direct supervision of the Vatican permit true academic freedom (Orsy, 1987)? Should professors, whose credentials to teach Catholic theology at specific institutions are granted by the Vatican, enjoy the academic freedom to offer an understanding of official Church teaching that is new or even contradictory to accepted doctrine (Code of Canon Law. 1983)? Is the organizational integrity of such specifically

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controlled institutions or faculties maintained when academic freedom is operative (McCluskey, 1970)?

The recent dismissal of Fr. Charles Curran as professor of moral theology at Catholic University of America has been an institutional response (McManus, 1989). Academic freedom, it seems, is limited and conditioned when applied to those who teach with a canonical mandate in the name of the Church (Lipscomb, 1988). Is this response the only viable alternative available? Should a case be made for a professor's freedom to maintain or offer an opinion or hypothesis that differs from official Church teaching, even when the right to teach originates from and is governed by an organizational authority external to the institution?This study will suggest a possible solution based on a re-discovery of the freedom to learn concept which is rooted in the history of academic freedom but infrequently considered (Hofstadter & Metzger, 1955).

The historical recognition of the student's right to know and to learn, it will be maintained, argues for the acceptance of a theology professor in an ecclesially controlled institution or faculty to teach, to research, and to offer opinions and hypotheses that vary from official Church teaching.


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c Context of the Problem3

The Second Vatican Council concluded its work in 1965 (Abbott, 1966). Its documents began to chip away at the post-Tridentine rigidity that so dominated over four hundred years of church history. The council was not only a heuristic exercise— rediscovering the rich, textured, theological fabric of the past— but it also precipitated a diversity of theological and ecumenical perspectives that have resulted in a more sophisticated and complex ecclesial terrain characterized by an empowered laity, evangelical fervor, third-world awakening, and a greater desire for personal autonomy and democratic ideals.

This evolution has been far from smooth. It is far from over. Twenty-five years is but a brief moment in the history of a people who, for almost 2000 years, have wrestled with the mandates of the Gospel, the dignity of the human being, the vicissitudes of community, and modern realities.

Five recent events remind us of the delicate balance between institutional authority and personal autonomy, the freedom to teach and the freedom to learn: the promulgation of the 1983 Code of Canon Law with its requirement (canon 812) that those who teach theological disciplines in any institution of higher learning must have a mandate from the competent ecclesiastical authority (Code of Canon Law.1983); the proposed schema and norms issued by the Vatican


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Congregation for Catholic Education in April 1985 entitled "Proposed Schema for a Pontifical Document on Catholic Universities" (Congregation for Catholic Education, 1986); the dismissal, in 1988, of Fr. Charles Curran from the faculty of the School of Religious Studies at the Catholic University of America (Curran, 1986); the two-part 1989 document "Oath of Fidelity on Assuming an Office to be Exercised in the Name of the Church" issued by the Congregation for the Doctrine of the Faith (Quade, 1989); and the 1990 "Instruction on the Ecclesial Vocation of the Theologian" issued by the Congregation for the Doctrine of the Faith (Origins. 1990).

These actions have occasioned a re-examination of the concept of academic freedom within Catholic higher education. As the American Catholic community takes notice of the bicentennial of Catholic higher education, initiated with the founding of the Georgetown Academy in 1789, the unique tensions which exist in the United States between Catholic institutions of higher learning and the Vatican, in regard to a contemporary understanding of the requirements of academic freedom, are brought into sharper focus.

Traditional studies on academic freedom have emphasized the professor's freedom to inquire, research, teach, and their attendant issues, including the autonomy of the academic institutions in which these activities take place (Hofstadter & Metzger, 1955). This dissertation attempts to


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focus on an aspect of academic freedom that has received little formal attention since its formulation in nineteenth century German academic thought: the student's freedom to learn— a notion briefly glimpsed recently in the Curran case when five students of Professor Curran brought suit in Federal District Court to argue their right to learn and to stake a claim that as partners in the teaching-learning dynamic, the university, in removing Fr. Curran, acted in an arbitrary and capricious fashion. Although the suit was eventually dismissed, a voice was raised on behalf of the students (Curran v. CUA. 1989).

Theoretical Rationale

Recent statistics and demographics point to a transformation in the make-up of the student bodies in our institutions of higher learning. Adult students continue to stream into colleges and universities at unprecedented rates (United States Department of Education, 1989). They represent a wide range of diversity in goals, experience, skills, intellectual capacity, and learning styles (Weathersby & Tarule, 1980).

Attempts have been made to discern the specific educational philosophies which form the foundation of theory and practice in educating adults both within and without institutional settings (Elias & Merriam, 1980). The majority


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of these major philosophical orientations support an approach to adult education which honors the autonomy, freedom, and self-directedness of the adult learner. The autonomy and freedom of the learner have been addressed not only in the history of the development of the university, but also in a comprehensive understanding of the notion of academic freedom (Hofstadter & Metzger, 1955; Rashdall,1936).

The presence of adult learners in Catholic institutions of higher learning and a serious desire on the part of those in the administration of these institutions to maintain the integrity and historical mission of the university have brought about a tension with those mandated to safeguard the deposit of faith (McCluskey, 1970). The mission of the university to provide a forum for the exploration of a diversity of ideas is unsettling to some when applied to the teaching of Catholic theology.

This study seeks to provide a theory rooted in history, founded upon recognized philosophical contributions, attentive to the demographic shift among undergraduate students, and open to the post-cone2.1 aar acknowledgment of a mature, adult laity, which would allow for a full, collaborative, and objective examination of theological constructs by both students and teachers, an enterprise that would honor the organizational and administrative integrity of the university.


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c Significance of Study7

A documentary analysis of the historical evolution of the student's right to learn and to know will not be sufficient to suggest a possible compromise to the present dilemma of maintaining full academic freedom for professors of Catholic theology in officially controlled Church institutions or faculties.

The right of the student to learn and to know is grounded in individual and personal autonomy. As a consequence, a philosophical understanding of autonomy is crucial (Collopy, 1986). In addition, student autonomy is a theme within contemporary educational philosophy and, in particular, adult education and therefore deserves critical consideration and evaluation (Boud, 1988).

By the middle of the next decade, traditional college students, that is those who move on directly from high school to college to enroll full-time in an undergraduate program, will be a distinct minority of all students in collegiate programs (United States Department of Education, National Center for Educational Statistics, 1989). The presence of so many adults has motivated educators to become more familiar with adult growth and development and the characteristics of adult learning which have emerged. These findings aid in viewing academic freedom from an important yet unique perspective.


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8^ Only recently, with the documents of Vatican II, has

the Church itself taken seriously the implications and ramifications of its call to maturity in faith (Abbott,1966). Should not the Church tolerate mature, inquiring, autonomous believers (Schaefer, 1982)? When these believers enter theology classes, should they not have the right to seek from each other and from the professor open, honest inquiry, respecting views and opinions grounded in reason or affirmed through personal experience? Should not even our most tightly controlled academic institutions and faculties tolerate such a free exchange among a community of adult learners?

This study will attempt to suggest an answer rooted in the historical evolution of academic freedom, a philosophical understanding of student autonomy, current findings in adult learning and education, demographic trends in undergraduate enrollment, and the Church's most recent reflections on adult education and the organization of its institutions of higher learning.

Definition of Terms

This study will make use of specific terms and concepts of history, philosophy, and educational theory.


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Furthermore, theological and canonical constructs will be employed as the study presents a thesis which is interdisciplinary in nature.

Every attempt has been made to clearly designate and define the critical terms utilized in this study. Since these terms are drawn from different disciplines, they are defined as most commonly accepted within the particular discipline in which they emerge.

Adult. The term is interpreted and understood in several ways. Paterson (1979) viewed an adult as one who was the rightful object of the expectation of being emotionally and morally mature. Knowles (1982) suggested four basic definitions. The biological definition viewed the adult as one who was able to biologically reproduce. Legally one was an adult when one reached an age at which certain actions could be undertaken that were not legally permissible previously. Socially one was thought of as an adult when one assumed the roles identified with the adult stage of life, for example, parent and spouse. The psychological definition included the recognition that one was essentially responsible for the direction of one's life.

Adult Education. This study views adult education as the variety of activities that are liberating, that increase the awareness, the breadth, and the perspective of the

( learner; that call for collaboration in the teaching-


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learning environment; that take seriously the adult learner's experiences; that acknowledge the freedom and the right of the adult student to learn (Brookfield, 1986). Knowles (1980) viewed adult education in a variety of ways: the process of adults learning; a set of organized activities carried on in educational settings; a field of social practice. Paterson (1979) considered adult education as true liberal education which raised the awareness of the individual and contributed to further development and personal growth.

Autonomy. The word denotes self-rule. It is the capacity that in some positive way is constitutive of what it means to be a human agent. The notion of autonomy that views agency in an open, relational, interactive mode is the concept which informs this study (Collopy, 1986).

Critical Thinking. Within adult education it is considered as "perspective transformation" whereby the adult learner becomes aware of the assumptions which hinder an understanding of ourselves and our relationships. Critical thinking calls for a reconstitution of experience and allows for acting upon these new understandings (Brookfield, 1987; Mezirow, 1981).

Dissent. In theological discourse it refers to the offering of a different opinion or arriving at a conclusion which is at variance with officially held teaching

( (Orsy, 1987).


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In loco parentis. This is the notion, in educational practice and philosophy, which regards the parents of students as the clients, rather than the students themselves (Wallerstein, 1969).

Lectio. This was a method of instruction in the medieval universities whereby instructors read the texts of classic authors and commented upon them (Rudy, 1984).

Lehrfreiheit. The nineteenth century German academic term to express the freedom to teach what one chooses, in a manner one chooses. It refers to the freedom of the professor, teacher, or instructor to teach, to write, and to research (Hofstadter & Metzger, 1955).

Lernfreiheit. The nineteenth century German academic term to denote the student's freedom from compulsory drill or recitation and the student's freedom to determine the choice and sequence of the courses offered. It refers, in particular, to the student's right to learn and to know (Hofstadter & Metzger, 1955).

Ouestiones disoutatae. This was a method of instruction in the medieval university whereby the students were called upon to marshal arguments against an instructor or another student in an oral presentation on some specific proposition (Rudy, 1984).

Reception. In theological discourse it is a process which does not impose belief or practice, but views the

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