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27 J. Juris 335 (2015)
The Modern University, Ltd.

handle is hein.journals/jnljur27 and id is 81 raw text is: 

THEJOURNALJURISPRUDENCE


                            The  Modern University, Ltd.


                                    Dr  Tom  Frost*

                               Lecturer in Legal  Theory

                                 University  of Sussex




Today,  the university in the United Kingdom  (UK)  appears to be being led far from its

educational, egalitarian roots. It appears to be a corporate beast, increasingly marketised,

commodified   and  commercialised.  In recent years, many  words  have been  written on

this matter.' In this article, I wish to consider how these perceived changes could affect a

cherished notion  for academics - academic  freedom. I connect the marketisation of UK

higher  education to the  (comparatively) recent economic   changes  in the structure of

capitalism, and the rise of neoliberal economic theory.


This article contends that the modern shift to commercialisation and bureaucratisation in

the university is not a new trend. Going  back  several hundred years' State and market

control in rationalising learning has been constant. The university should be seen as the

precursor  to  the  modern   corporation,  rather than  its antithesis. The  historically

marketised  elements  of  the university have  simply  been  accentuated  in modernity.

Changes  in the nature of capitalism have led to a change in the structure of corporations,

which  now  operate in a system of competition rather than exchange. The  effects of this

change  have  made   their mark in  higher education. In  this system, the work  of  the



* I would like to thank the careful and detailed readings made, and comments offered, by Jo Bridgeman,
John Child, Colin Murray, Amir Paz-Fuchs and Aoife 0' Donoghue. This paper was originally presented
at the Critical Legal Conference 2012 in Stockholm, Sweden. I am very gratefully for the feedback received
from the conference participants. Any remaining errors or mistakes remain my own.
1 See, for example, Mike Molesworth, Richard Scullion and Elizabeth Nixon (eds.), The Markeisation of
Hegher Education and the Student as Consumer (London: Routledge, 2011),
                                     (2015) J. Juris. 335

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