Singson, Jean Ben G.

JD1A

Legal Research and Thesis Writing

August 28, 2015

A Reaction Paper on: Plagiarism within the Legal Profession and Academe
It is of high regard, even during our undergraduate days, to follow strict
compliance on the rules of plagiarism. As argued in the article, plagiarism is an allencompassing concept. It is thus expected that, given that it touches several areas of
concern, this concept would be a subject of academic debates from all spheres of the
academe. What seems to be the primordial issue arising the difficulty of defining the
term plagiarism. It is from this issue where other problems stem out such as the
problems on (1) whether intent or deception is a necessary element of plagiarism, (2)
whether to criminalize plagiarism, (3) and if so what is the just penalty to be
implemented. Another problem is the scope of its implementation if the latter is to be
implemented. Should it be applied to the legal profession and the legal academe? Is
plagiarism justifiable to some cases?
Widespread occurrence on issues of plagiarism have surmounted the realm of the
international and local academe more specifically in the legal profession. It has reached
the point where the frequency of the occurrence has been very alarming. Plagiarism,
which can be simply defined as the stealing and passing off of another persons word
or ideas as ones own (cited in Cajucom, 2010) is slowly becoming a norm. This is in
itself is very sad and frustrating specially to us, newly enrolled students, because the
where we previously came from valued the importance of intellectual honest. To quote
from the article, this form of academic dishonesty possesses potential detrimental
effects on the realm of academe as this may lead to academic death. Like other
crimes, commission of plagiarism should be viewed with the utmost disgust as the
effects of such is very harmful and injurious, not just to the people in the academe, but
also to the society as a whole.
In the Philippines, the number of cases also increased in a startling magnitude. To
much dismay, the persons accused of committing such crimes are the persons that we
regard highly. In one case it was one of the Justices of the Supreme Court which was
accused, in an another case it was the Dean of the UP College of law, then again in a
similar case a UP Law Professor was also accused of committing such. Among these
cases, it was the case of Justice Del Castillo which stirred more controversy, more so
because he was a part of the highest body of our judicial system. The latter two cases
where settled within their respective institution as the judiciary has no jurisdiction over
the case at bar. Although all of the three are acquitted, whether truthfully or not, still it
raises doubt with regard to their integrity and the integrity of the institution that they duly
represent.

Given this, should we tighten our grip and implement a more serious penalty or
punishment to proven plagiarists? My take on this matter is yes, but not to all spheres of
the academe. As stated in the article, it might be justifiable to some instances, such as
in legal practice. It may be impractical and confusing to a court if in every pleading, the
lawyer cites the person from whom his arguments originally came from. Thus, as long
as it is not unethical, inflicts no harm, and no party have been misled or injured, then it
is suffice to exempt it from the criminal liability one may incur from committing
plagiarism.
In other cases however, more specifically during the course of ones undergraduate
degree, strict implementation must be followed so as early as then, there is no reason
for plagiarism to be taken for granted. The earlier the better. Theoretically then, as early
as elementary, when students start writing papers through cross-referencing, the
enforcement of such should be strictly implemented. It is only through this, in my
thinking, that the issue on plagiarism be resolved. By removing plagiarism as a societal
norm, compliance may possibly be guaranteed, then they will realize the true essence
of intellectual honesty.
Abiding by the rules on plagiarism is not a gigantic task difficult to be
accomplished. And to reiterate from the article, is not the mere act of copying which is
prohibited, it is the omission of an act that is to properly cite and attribute the words and
the ideas of the authors as rightfully theirs, which is prohibited. By correctly citing the
authors, we are, in such a way, giving them our thanks and gratitude, and more
importantly showing them due respect, for the help that their words or ideas have
contributed to the conception and fulfillment of our research paper, dissertation, and the
like. For now, although plagiarism is still not considered as a crime, we must still be
cautious and lenient when it comes to conforming to the rules on plagiarism. Consider
this not just an obligation to the rightful owner of the words and/or ideas, but also to
yourself as this greatly reflect your integrity as an intelligible being in the academic
realm, having the obligation to be intellectually honest at all times and to not defer to
such ways which may taint your integrity and credibility. As much legal as this topic
may seem, it is still more of an ethical and moral issue. It is not, however, prohibited that
both may come hand in hand in trying to solve this very important and urgent issue.
Reference:
Cajucom, Oscar Carlo F. (2010). Plagiarism within the Legal Profession and Academe
in Ateneo Law Journal. Vol. 55. Pp 787-817.