EXODUS | 23:7 falsehood — EXOD838 Can I Sell Term Papers to a Commercial Si...
EXOD838 Can I Sell Term Papers to a Commercial Site? Many people who would never dream of committing wrongful acts find ready excuses when it comes to helping others transgress. Some of these excuses may be valid, but Jewish law helps us look at the entire picture. In this section we discuss the ethical aspects of contributing material to a term-paper archive. Q: I'm a good student. Sometimes I make a little extra money by selling my term papers to a website that maintains a kind of archive of papers on various topics. Of course, I would never use one of these services, but is it unethical to contribute to them as well? A: It's a good thing that you do not use these services to submit bogus term papers. The very foundation of academia is that students are judged equitably on their own work; this foundation is completely undermined by plagiarism of any kind. Copying term papers is a kind of lying, of misleading others. When you put your name on the paper, you are making a statement that the work is yours. The Torah tells us, "Distance yourself from a falsehood" [this verse] The late Rabbi Moshe Feinstein points out that copying in school does not simply mislead the school; in many instances it constitutes a kind of stealing. The reason is simple. A prospective employer or client will naturally assume that an applicant has actually attained the level of training represented by his diploma or professional certification. If the applicant cheated and thus obtained the diploma fraudulently, any payment he receives from the employer or client is, in effect, stolen. [Responsa Iggerot Moshe, Hoshen Mishpat 11:30] Apart from this universal ethical problem, there is the simpler problem that all college students are bound by the academic rules of their institutions and these invariably prohibit plagiarism. Even if the scourge of plagiarism were not inherently unethical, it would still be wrong to go against this basic agreement to abide by the rules. Finally, there is the problem is that the true author is not acknowledged. Jewish tradition is profoundly sensitive to the pedigree of ideas. This is especially true in Torah study, where we find that the sages of the Talmud displayed incredible self-sacrifice to carefully recall the exact chain of transmission of various laws. The Talmud tells us that we should strive to cite our sources even in mundane matters. It notes that the miracle of the Purim holiday, as related in the biblical book of Esther, began when the king was informed about Mordecai's aid in uncovering the murderous plot of Bigthan and Teresh. This was possible because Esther carefully specified that the information came from Mordecai. Based on this story, Talmud states, "Anyone who cites a quotation in the name of its author brings redemption to the world." [Mishnah Avot 6:6, Megillah 16a] But your question is more subtle. You are not personally engaging in plagiarism; you are only aiding others to plagiarize. Furthermore, there are some convincing arguments in your favor. First, many people undoubtedly use term-paper services for permissible reasons, in order to get ideas and references which they will then use as source material for their own original work (the truth is that even this is academically questionable if they fail to reference the bought term paper). You might claim that it's not your fault if unscrupulous individuals submit the paper as is. Second, you may reason that you are really not contributing to the plagiarism problem at all. There are plenty of other papers out there, and if your paper were missing from the archive, those who wish to plagiarize would have lots of other opportunities. These arguments have a certain validity, but they're not sufficient to justify selling term papers. Let us explain why. Jewish law discerns three different levels of connivance with wrongdoing. ENABLING. The most serious level is when you actually enable wrongdoing. The Torah tells us, "Do not put a stumbling block before the blind." [Leviticus 19:14] Rashi explains that this refers to a spiritual obstacle which will enable the person to sin. The excuses we mentioned are valid ones from this point of view. Given the current (unfortunate) state of the term-paper market, there really are lots of other people offering the same merchandise. Adding one more paper is not "enabling" the student to cheat, unless perhaps the paper is on a very unusual topic. ABETTING. Abetting transgressions, that is, being an active participant, is less serious but also ethically condemned. Even if somebody else would help if you didn't, it is still wrong to be actively involved in helping someone transgress. The exact boundaries of abetting depend on many details; one important factor is the likelihood that your work will be ultimately used for forbidden purpose. [Gittin 61a] And practically speaking, the chances seem overwhelming that your papers are wanted in order to mislead instructors. Even a cursory look at the most prominent term-paper sites shows that they are carefully targeted to meet the needs of students who want to submit the paper they purchase. One site starts out by mentioning that he cannot guarantee a grade; only afterwards does it mention in passing that you should use the paper only as a source. Another site implies that plagiarism is illegal only in some places, but in others it is permissible. Practically all the sites mention that students using their services get excellent grades, implying that other clients can do the same by submitting papers from their service. To make matters worse, many sites offer to "personalize" the style and structure of the paper you purchased. Having a paper written in a particular style is of absolutely no use to someone wanting to use it as reference material, but it is certainly very important to students who want to actually submit the downloaded papers. [Shulhan Arukh, Yoreh Deah 151 and commentaries]. CONDONING. The third level of connivance is condoning a transgression. This is violated when you give the impression that there's nothing wrong with wrongdoing. An ethical person is not supposed to condone improper behavior; it is his responsibility to protest. Seeming to be involved in the activity is the ultimate form of condoning. On this basis, the Talmud [Shabbat 54b] teaches: "Anyone who is capable of protesting the acts of his household but does not protest is liable together with the members of his household; [if he does not protest] the acts of the residents of his city, he is liable together with the people of the city; [if he does not protest] the acts of the entire world, he is liable together with the entire world." This obligation devolves upon anyone who is in a position to make an effective protest against wrongdoing. One need not be involved in the wrongdoing to engage in protest. So, for instance, if term papers were sold in the store, it would be ethically problematic to go in and buy a term paper even if you wanted it for a legitimate purpose. [Shulhan Arukh, Yoreh Deah 334:48 in Rema]. Practically speaking, however, term-paper sites tend to be completely anonymous. The user is not identified with the transgression and does not give the impression of condoning it by using this service. Therefore, if you wanted to use the site for a permissible purpose, such as to obtain ideas or source references, you could do so without seeming to condone the more common illegitimate use. To sum up, there are various levels of forbidden cooperation with wrongdoing. The activity you mention, selling term papers to a site that will sell them to students to be submitted as their own work, falls into the category of abetting transgression. Even though you do not enable the transgression to take place, you are an active partner in it.
Source Key | MEIR |
Verse | 23:7 |
Keyword(s) | falsehood |
Source Page(s) | 277-281 |