Europe’s universities were born private and democratic. The first, Bologna, was founded around 1100 by students seeking an education in law. Then Padua and Montpellier were founded, also as private democratic student initiatives, teaching medicine and the sciences. Soon afterwards the northern universities of Paris, Oxford and Cambridge were created, by scholars, and like their predecessors they were private and democratic, though run by the scholars rather than by the students. But soon thereafter universities were created by the Church (often from pre-existing cathedral schools) or by monarchs, and those were neither private nor democratic — the key appointment of the vice-chancellor or equivalent generally being in the gift of the Church or crown.
Worse, the Church then took control of the erstwhile independent universities. As Pope Boniface VIII stated in 1294: “You Paris masters think that the world should be ruled by your reasonings but it is to us, not you, that the world is entrusted.” The authorities thus forced the oversight of the Church onto the universities, which is why so many academic titles such as Dean or Doctor are ecclesiastical. Subsequently, under inquisitions, absolutism and Napoleon, continental Europe nationalised its universities. But after 1689 England’s took an independent course.
In 1687 James II expelled the President and 25 fellows of Magdalen College, Oxford to replace them with Catholics. Protestants were outraged — Mary, wife of William of Orange, sent the fellows £200 — and the episode helped precipitate the Glorious Revolution. That in turn spawned the Bill of Rights of 1689, whose third article stated: “That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious” which, translated, meant that in 1689 England recognised the ancient rights of its universities to independence.
Although they were thus confirmed in law as private bodies, England’s — later Britain’s — universities did not spin out of 1689 fully independent, and for a further century monarchs, politicians and bishops continued to interfere: during the 1760s, for example, the Duke of Newcastle would confer degrees on his cronies by royal mandate. But the universities were on an independent trajectory and by the late 19th century they had become fully autonomous.
The American Ivy League followed the same trajectory. North America had seen nine colonial colleges created before independence in 1776: Harvard (1636), William & Mary (1693), Yale (1701), Princeton (1746), Pennsylvania (1751), Columbia (1754,) Brown (1764), Rutgers (1766) and Dartmouth (1769). The colonial colleges were, importantly, not founded by the colonial governments but, rather, by local clergymen, as theological academies. Consequently they were always private bodies, with self-governing structures modelled on the colleges of Oxford and Cambridge; and to this day, in recapitulation of their Oxbridge roots, the Presidents of Harvard and Yale chair their governing bodies as executive chairs.
By 1776, though, the colonial colleges had already embraced their first governance revolution when many of the academics on their governing bodies were replaced by politicians. In colonial days church and state were not separated, so governments readily funded the largely theological colleges, which in turn were prepared to lose some autonomy as a quid pro quo. And the loss of autonomy was real: at Yale, for example, Connecticut’s Governor, Deputy Governor and six state senators sat on the governing body.
But following the separation of church and state after 1776, the Ivy League embarked on its second governance revolution: it ejected the politicians, replacing them on its councils with private donors. Why? Because the politicians withheld their money. Whenever a dispute arose between a state government and its local university — and such disputes were perennial because the universities had learned to defend their rights — the politicians stopped giving public money to a private body. Whereupon the colleges ejected them, to survive by alumni giving and fee income alone.
The politicians tried, of course, to retain control, and in 1815 the government of New Hampshire compulsorily nationalised Dartmouth College. But the famous 1819 ruling by the Supreme Court confirmed that the former colonial colleges were private bodies that could not be nationalised against their will; so Dartmouth was re-privatised, and higher education in America was confirmed on its trajectory of independence.
Higher education and scholarship are conventionally described as public goods that require government money, so economic theory predicts that the former colonial colleges should, on losing their public subventions, have gone bust. Instead, on breaking free from political control and government subsidies, they flourished, and thanks in part to the vast endowments they have since accumulated (Harvard: $31.7 billion; Yale: $19.3bn; Princeton: $17bn; Stanford: $16.5bn) they now dominate the international university league tables. By operating “needs blind admissions”, moreover, so no one is refused entry if they can’t pay, the Ivy League also shows how social justice can be entrusted to the private sector. Not for the first time, economic theory has been found wanting.
Ironically, though, the Americans have proved truer to Britain’s trajectory of independence than has Britain itself. Between 1689 and 1919 the British created the new, private, universities of London (1826/1836), Durham (1837), Manchester (1851), Newcastle-upon-Tyne (1852), Birmingham (1900), Liverpool (1903), Leeds (1904) and Sheffield (1905). Typical in its foundation was Birmingham University, endowed by Josiah Mason, a local industrialist who, on laying the foundation stone in 1875, said: “I, who have never been blessed with children of my own, may yet, in these students, leave behind me an intelligent, earnest, industrious and truth-loving and truth-seeking progeny for generations to come.”
Earlier, in 1799, the Royal Institution in London was created to foster research — solely on private money. By 1800 it had raised no less than £11,047, and in 1801 it appointed Humphry Davy as a lecturer (whereupon he discovered six new elements: potassium, sodium, barium, strontium, calcium and magnesium) before he proceeded to mentor his great student Michael Faraday (who in 1831 discovered electromagnetic induction, among other things).
But this autochthonic picture in the UK changed after 1914-18 because the Great War bankrupted the universities: both of their major sources of income (fees and endowments) evaporated. The fee income disappeared as the young men abandoned their studies for the Western Front, and — more gravely in the long-term — the universities’ endowment income also collapsed: between 1815 and 1914 the value of sterling had actually risen (deflation) so, rationally, the universities had long invested in fixed-income vehicles. But between 1914 and 1918 the pound lost three-quarters of its value — and inflation continued after 1918 — so the universities’ endowment income collapsed.
By 1919 the universities were reporting vast deficits, and some may even have been trading insolvently, so in that year the government’s University Grant Committee was instituted with an annual budget of £1 million; and that committee was eventually to mutate into John Major’s Higher Education Funding Councils (HEFCs) that, thanks to their vast budgets and power mania, were to treat the universities as subordinate branches of the civil service, until Tony Blair started the process of de facto privatisation.
But the continent of Europe has remained true to its nationalisations, and though it has always paid lip service to Wilhelm von Humboldt’s ideas of
Lernfreiheit (the right to study freely) and
Lehrfreiheit (the right to teach freely), in practice their universities have been only too supine. Indeed, Spain is but one of many countries where academics really are civil servants, while Hungary is but one country where the appointment of rectors (i.e. vice-chancellors) has to be confirmed by the minister of education.
Why does university independence translate into excellence? One answer is monopoly: when a government has nationalised the universities and — as generally happens — abolished fees, then that government enjoys a monopolistic control of higher education. Why, therefore, would it put into the universities a penny more than the absolute minimum? Yet the consequences are, as the EU Commission reported in its 2003
Role of the Universities in the Europe of Knowledge that “American universities have far more substantial means than those of European universities — on average, two to five times higher per student . . . The gap stems primarily from the low level of private funding of higher education in Europe.” Since one source of university excellence is money, free-market America beats monopolistic Europe because students and their parents will contribute more in fees than will governments.
Competition is another source of excellence and, when students pay, independent universities compete to satisfy them where state universities need not. Equally, in their search for reputation, independent universities compete for research monies in ways that state universities need not. And the more independent a university, the more it is run by the academics themselves, and — as Oxford, Cambridge, Harvard and Yale confirm — academics know better than anyone else how to run a university. Government ministers and bureaucrats are menaces, and even university councils of non-executives can be obstacles to progress.
And then there’s academic freedom. In his 2008 book Academic Freedom in the Wired World, Robert O’Neil, the former president of the state-owned University of Virginia, reported how a politician, on clashing with an academic, threatened him: “Your institution will pay for this.” The professor replied: “I’ve just moved to the [independent] University of Richmond.” It is no coincidence that many of the challenging thinkers of our time, from Milton Friedman (Chicago) on the Right to Noam Chomsky (MIT) on the Left, have been based in independent universities.
We can see therefore that Britain’s recent renaissance in higher education can be attributed directly to its ever-greater independence, but one last step needs to be made: the cap of £9,000 a year on fees needs to be removed. If that cap were to go, so that British university fees could approach American levels, then the last remaining barrier to global superiority would be removed. Obviously the government should ensure that no British university would ever refuse a home application because of cost — any British university wishing to charge more than £9,000 a year should create its own student loan company to extend the necessary loans — but let us realise the full potential of our institutions by removing, Ivy League-style, any restrictions on their freedom to trade and to set their own prices.
Only 16 per cent of American students attend an independent charitable university such as Harvard or Yale. The rest attend either a state university (75 per cent) or a private-for-profit university, yet the state universities are not nearly as good as the charitable independent universities, while the private for-profits are scandalous disgraces that are universally excoriated.
In short, the American system is potentially much less independent than ours, and if we in Britain provide all our universities — which are already independent charities — with the commercial freedom of the American independent charitable sector, we will be so much better placed that not three but three times three of the top 10 universities globally will eventually be British.
Everything depends on the willingness of David Cameron, Business Secretary Sajid Javid and Jo Johnson, minister of state for universities and science, to copy Tony Blair and to take an unpopular decision. In the medium term the decision will look inspired, but those three men will have to weather a year’s criticism before the doomsters are proved wrong and the universities establish themselves on the trajectory of global dominance. But how can we stiffen those ministerial sinews?