| Doz. Dr. Rumiana Stoilova | |||||||||
| Role of Student Fees and Loans in Gaining Access to Higher Education Germany and Bulgaria in Comparison | |||||||||
Тrust concept Essential for the study is the focus on the transitions between the micro level of individual action and the macro level of system behaviour. In this frame the concept of trust is relevant. The macro level is described “as the institutional structure, and the micro level as the behaviour of the actors within such a structure” (Coleman, Fararo 1992). According to James Coleman, at the individual level the high level of trust increases the chances for free action of citizens. At the macro level trust is seen as a form of social capital and characterizes the entire society. Withdrawal of trust from one sector of society leads to investment of trust somewhere else (Coleman 1990). Trust in education means that people see in education a significant mechanism for the improvement of their life chances. Furthermore, it means that individuals are willing to make long-term investments in education. In this context trust in education relates to general trust in society. Coleman’s concept of trust is characterized through liberalism in theory and in political implementation. He does not agree with the laissez faire thesis, nor that regulation is unnecessary (Mayer 1998: 189). Coleman discusses the integration dilemma of modern societies in pointing out the importance of normative consensus. According to him there is a need for state intervention in education. The criteria for effective interventions are that the affected actors see them as satisfactory and accept them with consensus (Coleman 1986). A critical question is that the institutional change guarantees the individual’s rights to a free choice; and that the relevant public decisions depend more on individual preferences and choices. The opposite would imply that the individual is seen merely as an agent of decisions taken by the corporative actors. According to the trust concept, low levels of trust in higher education means that people will not be ready to invest financial resources, and that interest in the Student Loan Act will be limited. In this context, trust in education and in a specific legal norm is correlated with a society’s generally low level of trust. Previous research has indicated a trend of decreasing trust in the legal system and in higher education. Trust in the educational system is decreasing gradually (from 2.64 in 1999 to 2.35 in 2008). At the same time, the individual educational level represents a significant factor of increasing trust in others. Twice as many respondents with tertiary education (28,9%) express the belief that one can trust other people – among the respondents with secondary education this belief is shared by 11,5 percent (Boyadjieva, P. 2009). The inclusion of young people in higher education is a precondition for the increase of trust in society. Niklas Luhmann (2000) pointed out the impact of a lack of trust on the potential of the system to act adequately. According to him, “When several demands, which could be met in the longer period of time, have not been satisfied because of lack of trust, this leads to abolishing the fulfillment of the system’s capacity.” What is important here is the relationship between needs and the expectation that these needs will actually be fulfilled. The important thing for Luhmann with regard to trust is control. Trust in the system’s capacity to function effectively means trust in the system’s immanent control. Trust is an important capital for individuals, as it enables them to be more active in society. Trust is seen as a measure of the effectivenesss of the societal system. In Bulgarian society, which is characterized both by a low level of interpersonal trust and a low level of trust in institutions, one might expect postponement rather than realisation of public policies that are significant from the individual’s point of view.
The role of the legal case study in the field of higher education An important issue is the social legitimacy of the law. Democratic governance is possible only if a democracy is fully functioning. This characteristic involves the need for public debate regarding the adoption of laws. The concept of “deliberative democracy” (Habermas 1996) is important here, for it provides the support of public reflection and deliberation with respect to the aims of government policy expressed in legislation. Peter Goodrich develops the concept of law as social discourse. According to this view, law is a process, or set of processes, responsible “for its place and role within the ethical, political and sexual commitments of its times. In short, law and legal texts are to be treated as accessible and as committed, precisely because they are in themselves contingent, rather than universal – even if their historical variability is limited – and because the social or cultural value attributed to legal discourse changes, albeit slowly.” (Goodrich 1987:159). From this perspective the analysis will focus on public culture and its contribution to the quality of the adopted laws and the efficiency of their implementation. The problem of adoption of new laws and parliamentary practice are closely related to political publicity. The analysis of this publicity enhances the understanding of the social stratification and of the relevant social groups and interests (Hristov 2007:64). The analysis of the parliamentary groups’ participation during the debates on the Student Loan Act will show to what extent this debate has reflected the interests of specific social groups. An integral part of the research on legal norms concerns their implementation. Law is important for the foundation of public policy and its effectiveness depends on policy implementation. The critical question in this regard is to identify how the institutions implement the laws. The dimensions of the present research are: (1) Legal norms (policy foundation); (2) Institutional (policy implementation); (3) Public culture (public debate, law as discourse- parliamentarian debate, trust); (4) Social-structural (students’ family back ground). There are two levels of analysis - policy foundation (1) and policy implementation (2). The trust concept (3) and the social structural aspect (4) are investigated across the two levels (Table 2). The social-structural analysis tests two hypotheses: The legal norm (Student Loan Act) is imposed in Bulgaria from the top, being adopted from the practice in developed Western societies (Germany), or The legal norm is oriented to the needs of social groups and individuals exerting pressure from below for its adoption.
Table 2 Role of student tuition fees and bank loans for access to higher education
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