A Tale of Two Cultures in Higher Education Policies: The Rule of Law or an Excess of Legalism?

Abstract

The article maintains that two administrative cultures exist in Europe—one focused on applying the letter of the law, the other aiming to carry out the intent of the law. The former culture also tends to produce a large volume of detailed legal regulations, whereas the latter relies on considerably less detailed regulations and leaves more scope for decision and adaptation to those administering the law. The article aims to examine how these two legal and administrative cultures apply to higher education legislation and policies with special emphasis on the recognition of qualifications. The author argues that rigid laws rigidly interpreted do not contribute to protecting the citizens they were meant to serve. The success of the European Higher Education Area will, in part, depend on the extent to which all parts of Europe will succeed in moving from a culture of legalism to a true culture of law.

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