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[Q] Plagiarism in GA rules

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Imperium Anglorum
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[Q] Plagiarism in GA rules

Postby Imperium Anglorum » Tue Apr 21, 2020 4:03 am

Out of an abundance of caution, I wish to query for an advisory ruling, on advice of another player with which this was discussed on Discord. I recently started writing a GA proposal which draws inspiration from some laws in Germany as well as the goals described in the 2006 ECHR case Konrad v Germany <http://echr.ketse.com/doc/35504.03-en-20060911/view/> [hereinafter Konrad, also enclosed in boxes]. The specific provisions are as follows.



1. My proposal includes text:

Children have a right, by education, to develop competence to interact in a pluralistic society. Unless a child is physically unfit to attend a school or an undue hardship is imposed on the child by this requirement, member states shall to the best of their ability advance this goal through schooling.

Which is adapted from the following text from Konrad (underlining mine):

The Federal Constitutional Court stressed that the State’s obligation to provide education did not only concern the acquisition of knowledge, but also the education of responsible citizens to participate in a democratic and pluralistic society. To hold that home education under the State’s supervision was not equally effective for pursuing these aims was at least not erroneous. The acquisition of social skills in dealing with other persons who had different views and in holding an opinion which differed from the views of the majority was only possible through regular contact with society. Everyday experience with other children based on regular school attendance was a more effective means of achieving that aim.

Is the mere use of the phrase 'pluralistic society' plagiarism?



2. My proposal also adapts some requirements emerging from the German Basic Law wherein my proposal states:

Member nations shall oversee educational services not under their direct control such that they meet the same standards as those under their direct control based on the following criteria: educational goals, facilities, instructors' training, and other standards that member nations may by law or resolution create. Member nations may not use accreditation in a way that encourages segregation of students by parental income or other protected classes.

The Basic Law states (underlining mine):

The right to establish private schools shall be guaranteed. Private schools that serve as alternatives to State schools shall require the approval of the State and shall be subject to the laws of the Länder. Such approval shall be given where private schools are not inferior to State schools in terms of their educational aims, their facilities, or the professional training of their teaching staff, and where segregation of pupils according to the means of their parents will not be encouraged thereby. Approval shall be withheld if the economic and legal position of the teaching staff is not adequately assured.

All translations from ECHR via Konrad. Is the paraphrasing of the same goals plagiarism?



3. Similarly, my proposal also includes a provision related to parental rights with regard to schooling.

Parents may, with the advice and consent of an administrative law (or other suitably empowered) officer, require school authorities to take action to prevent their children from being poorly treated by other children or staff on account of background, beliefs, and other rights protected by World Assembly legislation.


It was brought to me that the underlined sections above and below are similar:

Schools represented society, and it was in the children’s interests to become part of that society. The parents’ right to provide education did not go so far as to deprive their children of that experience. Parents could require the State to take positive measures in order to prevent their children being ill-treated by other children. The applicant parents had not, however, argued that the school authorities in Baden-Württemberg would fail to do so. Neither had the parents sufficiently argued that the applicant children would be exposed to religious influence which was opposed to their own views. The school’s obligation of religious neutrality would prevent the applicant children from any indoctrination against their will.

Similarly, is the statement of similar goals plagiarism?
Last edited by Imperium Anglorum on Tue Apr 21, 2020 4:04 am, edited 1 time in total.

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Sedgistan
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Postby Sedgistan » Tue Apr 21, 2020 4:06 am

All looks fine to me. There's nothing wrong with taking inspiration from real-world legislation, so long as you put it in your own words, which you have (and taking a two word phrase like "pluralistic society" is a long way short of being significant enough to count as plagiarism).

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Imperium Anglorum
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Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Tue Apr 21, 2020 4:10 am

Thanks for clarifying. I have a hazy recollection when Ufoc was hit by a ruling of plagiarism related to his using the same words in one of Vancouvia's proposals but reordering them, which I was concerned about.

Author: 1 SC and 56+ GA resolutions
Maintainer: GA Passed Resolutions
Developer: Communiqué and InfoEurope
GenSec (24 Dec 2021 –); posts not official unless so indicated
Delegate for Europe
Elsie Mortimer Wellesley
Ideological Bulwark 285, WALL delegate
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