In a bold departure from conventional wisdom, Megan E. Boyd & Brian L. Frye's article, "Plagiarism Pedagogy: Why Teaching Plagiarism Should be a Fundamental Part of Legal Education," turns the tables on the traditional academic approach to plagiarism, arguing that it's not just acceptable in legal practice, but an essential skill. This assertion challenges the core of legal education's strict anti-plagiarism stance, revealing a stark contrast between what is taught in law schools and what is practiced in courtrooms.
The article delves into the paradoxical nature of plagiarism in the legal realm. While academic institutions vehemently oppose and punish plagiarism, legal professionals often rely on copying established documents and arguments, viewing it as a practical necessity. This practice saves time, minimizes errors, and is vital for effective advocacy, rooted in the legal system's preference for consistency and adherence to precedent.
This contradiction leads to a significant gap in legal education. Law schools, with their stringent policies against plagiarism, are preparing students for an idealized version of legal practice that rarely aligns with the real-world expectations of a practicing lawyer. Boyd and Frye propose that legal education needs to bridge this gap by incorporating a "plagiarism pedagogy." This approach would not only cover traditional legal writing skills but also educate students about the practical and often essential role of plagiarism in the legal profession.
By highlighting several court cases where plagiarism was a point of contention, the authors showcase the confusion and inconsistency in how the legal field views this issue. The mixed reactions – from ethical violations to acknowledgments of its necessity – further underline the need for a revamped approach in legal education.
In essence, Boyd and Frye's article calls for a radical shift in how plagiarism is viewed and taught in the legal profession. They advocate for an educational framework that aligns more closely with the realities of legal practice, preparing future lawyers more effectively for the challenges they will face in their professional lives.