Writing Legal Essays

Writing Legal Essays-24
A plethora of ethical considerations arise from essay writing businesses, for both the writers and the students involved.Although plagiarism may not be a criminal offence, it is widely viewed as unethical ‘cheating’.

A plethora of ethical considerations arise from essay writing businesses, for both the writers and the students involved.Although plagiarism may not be a criminal offence, it is widely viewed as unethical ‘cheating’.

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On the one hand, it is possible to view model answers as another source that a student has at his disposal, such as a textbook and a journal.

It is ultimately the intentions of the client that determine whether unethical results follow and a student may equally plagiarise from these sources if he is so minded.

The danger here lies in ‘implied licenses’, arising where copyright material is provided in the knowledge that it is to be reproduced for specific purposes, a licence being implied that it can be used for that purpose.

It is crucial that essay sites exclude the operation of implied licences by giving clients express licences strictly limited to the purpose of using the commissioned work as a basis for conducting their own independent work, precluding sharing to others.

A possible threat that could emerge to essay services is the law pertaining to negligent misstatements occasioning economic loss[10].

Liability arises when a duty of care is imposed on the provider or professional advice where he is entrusted to use reasonable care and skill by the recipient and it is reasonable for the recipient to rely thereon[11].On the other hand, it is clear that the focused and targeted response given to specific questions means that abuse is more likely.However, one cannot ignore the many clients who use essay writing services legitimately to further own learning..It is recommended, therefore, that in contracts with writers essay sites expressly require them to forfeit their moral rights.It would also be beneficial for copyright not to be granted to the client.Such factors may also increase demand for legitimately commissioned research, as the cost of failing increases.Copyright is a critical area for the law for essay services, as it is important that the work commissioned is not misused either by the client or the writer.A study[3] of students in the UK revealed that 50% of students would be prepared to plagiarise in order to avoid failing a course, 62% would feel guilty about plagiarising, and 10% would have no regrets.In light of the propensity for cheating, there are ethical concerns for a writer in an essay business that his research may be misused for the purposes of academic dishonesty.As Foster[4] remarks, ‘For western education establishments, given the economic function they are intended to serve, then allowing plagiarism to go unchecked could have serious implications for the value of qualifications and the economic well-being of the countries concerned.’ There are also political challenges for essay writing services that present opportunities for plagiarism.Political factors, such as the increasing costs of higher education, greater student numbers, increased pressure in light of difficult job markets, perceptions of degrees as economic investment products rather than learning opportunities, and the greater influx of international students, have identified as causes for the increase in plagiarism[5].

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