The right to science, the business analogy in academia and plagiarism : international law as a guide

Abstract

This study provides a critical analysis of the increasing trend toward academic misconduct and plagiarism among students and staff, and the growing call for stricter regulation among the state and/or academic institutions. The aim of this study is to provide a progressive interpretation of the various binding legal provisions of international law on science (hard law) with normative detail supplemented in the form of UNESCO Recommendations (soft law) to address the problem of academic misconduct in the form of plagiarism. A "progressive interpretation" is one that seeks to find the right balance between the state’s duty to protect science, university autonomy, academic freedom, and freedom of scientific research by virtue of a purposive interpretation of these concepts in the light of relevant international norms; it is sought to identify the various factors that may contribute towards such misconduct. These potentially include mainly the business analogy in science and other subsidiary factors contributing to misconduct. The dissertation seeks to address the problem more generally, rather than from a South African perspective or that of any other country. Accordingly, orthodox solutions for dealing with plagiarism within academia will be highlighted. The current measures that are used take the form of plagiarism awareness, software detection, plagiarism policy, legislative intervention, and the peer review process, all in an attempt to stem the tide of plagiarism. Why this is inadequate will also be highlighted. The enquiry is thus: will all jurisdictions, specifically that of South Africa, enjoy sufficient protection against the business analogy in academia, alongside other potential contributing factors that lead to academic misconduct in the form of plagiarism, if countries adopt the internationally protected right of persons to benefit from scientific progress and its applications (in short: the right to science), as brought forward via international norms. Chapter 1 introduces various reasons for the increase in misconduct cases, both among students and staff. All potential contributing factors that cause an increase in misconduct cases will be explored, as well as what possible progressive measures can be implemented to curb misconduct effectively, both by state departments and

academic institutions. Chapter 2 provides a foundation to emphasise the importance of various international legal norms that protect science from excessive state interference, in particular the business analogy. Chapter 3 will be concerned with the establishment of legal framework legislation, incorporating internationally accepted norms into the South African constitutional democracy to protect academic/scientific freedom against ideologies that aim to steer science. Chapter 4 will be concerned with identifying the leading contributing factors to academic misconduct and plagiarism among students and staff and the extent of their contribution. Chapter 5 will highlight orthodox solutions in dealing with plagiarism within academia, as well as why these measures are considered inadequate. Chapter 6 will provide the answer to the research question: whether countries adopting the internationally protected "right to science", as brought forward via international norms, will provide sufficient protection to all jurisdictions (specifically in a South African context) against the business analogy in academia, alongside other potential contributing factors that lead to academic misconduct in the form of plagiarism. Furthermore, if this is the case, what specific measures should be adopted to effectively curb such misconduct?