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French and German judicial approaches to plagiarism in research

Roux Steinkühler, Marie-Avril
Author(s)
Roux Steinkühler, Marie-Avril
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Keywords
academic integrity
plagiarism
academic fraud
law and legislation
administrative sanctions
research ethics
GE Subjects
Legal interpretation
Criminal law ethics
Research ethics
Cheating and plagiarism
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Research Ethics Series
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GE_Research_Ethics_2_Ch12.pdf
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http://hdl.handle.net/20.500.12424/4273109
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Abstract
In Germany, the courts are simply not called upon to judge cases of plagiarism. It is the research institutes and, in case of appeal, the administrative courts that are competent. This is because German research has developed solid tools for defining and punishing plagiarism, which the institutes must respect. These rules cover infringements much broader than copyright, including 'intelligent' plagiarism, theft of ideas, paraphrasing and other misquotes. Prosecution is not a matter for the parties but for society. What German institutions most often sanction by withdrawing the title of doctor is the deception of the researcher, the lack of independence of his or her research work and the resulting lack of progress in research. In France, the university does not challenge or sanction cases of plagiarism. Victims, tired of not being heard or afraid of seeing their case buried, turn to the courts. Because historically based essentially on copyright, the French courts only manage to award damages and punish copy-pasting. While new legal grounds such as parasitism are developing, the costs, burdens and hazards of the procedures limit the number of claims.
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Topic
Type
Book chapter
Date
2023
Identifier
ISBN
9782889315178
DOI
10.58863/20.500.12424/4273109
Copyright/License
Globethics Publications
Attribution-NonCommercial-NoDerivatives 4.0 International
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