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A legal approach to tackling contract cheating?

Michael J. Draper, Philip M. Newton, Phil Newton Orcid Logo

International Journal for Educational Integrity, Volume: 13, Issue: 1

Swansea University Author: Phil Newton Orcid Logo

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Abstract

The phenomenon of contract cheating presents, potentially, a serious threat to the quality and standards of Higher Education around the world. There have been suggestions, cited below, to tackle the problem using legal means, but we find that current laws are not fit for this purpose. In this articl...

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Published in: International Journal for Educational Integrity
ISSN: 1833-2595
Published: 2017
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URI: https://cronfa.swan.ac.uk/Record/cronfa37299
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first_indexed 2017-12-01T19:56:58Z
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spelling 2019-06-12T16:01:38.5680116 v2 37299 2017-12-01 A legal approach to tackling contract cheating? 6e0a363d04c407371184d82f7a5bddc8 0000-0002-5272-7979 Phil Newton Phil Newton true false 2017-12-01 PMSC The phenomenon of contract cheating presents, potentially, a serious threat to the quality and standards of Higher Education around the world. There have been suggestions, cited below, to tackle the problem using legal means, but we find that current laws are not fit for this purpose. In this article we present a proposal for a specific new law to target contract cheating, which could be enacted in most jurisdictions.We test our proposed new law against a number of issues that would need to be considered before any legal approach could be successful; would changing the legal status of contract cheating make it less likely to happen? Could this be achieved in a specific way? If so, who should actually be prosecuted and what offence are they committing? Would it actually address the causes of contract cheating? We suggest some answers to these questions, but then also identify a number of unintended potential consequences. We therefore additionally consider whether a legal approach is possible or even desirable.We conclude that a legal approach to contract cheating is possible, and, on balance, appropriate. Using UK law as an example, we offer a specific suggestion to lawmakers, around the world, for how this might be achieved, and conclude that the most successful approach would be to focus largely on a law targeting the providers of contract cheating, in particular commercial services. Journal Article International Journal for Educational Integrity 13 1 1833-2595 essay mills, plagiarism, academic integrity 29 11 2017 2017-11-29 10.1007/s40979-017-0022-5 https://edintegrity.springeropen.com/articles/10.1007/s40979-017-0022-5 COLLEGE NANME Medicine COLLEGE CODE PMSC Swansea University 2019-06-12T16:01:38.5680116 2017-12-01T18:46:18.0552697 Faculty of Medicine, Health and Life Sciences Swansea University Medical School - Medicine Michael J. Draper 1 Philip M. Newton 2 Phil Newton 0000-0002-5272-7979 3 0037299-15012018143112.pdf 37299.pdf 2018-01-15T14:31:12.9870000 Output 700978 application/pdf Version of Record true 2018-01-15T00:00:00.0000000 This article is distributed under the terms of the Creative Commons Attribution 4.0 International License. true eng
title A legal approach to tackling contract cheating?
spellingShingle A legal approach to tackling contract cheating?
Phil Newton
title_short A legal approach to tackling contract cheating?
title_full A legal approach to tackling contract cheating?
title_fullStr A legal approach to tackling contract cheating?
title_full_unstemmed A legal approach to tackling contract cheating?
title_sort A legal approach to tackling contract cheating?
author_id_str_mv 6e0a363d04c407371184d82f7a5bddc8
author_id_fullname_str_mv 6e0a363d04c407371184d82f7a5bddc8_***_Phil Newton
author Phil Newton
author2 Michael J. Draper
Philip M. Newton
Phil Newton
format Journal article
container_title International Journal for Educational Integrity
container_volume 13
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publishDate 2017
institution Swansea University
issn 1833-2595
doi_str_mv 10.1007/s40979-017-0022-5
college_str Faculty of Medicine, Health and Life Sciences
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hierarchy_top_title Faculty of Medicine, Health and Life Sciences
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department_str Swansea University Medical School - Medicine{{{_:::_}}}Faculty of Medicine, Health and Life Sciences{{{_:::_}}}Swansea University Medical School - Medicine
url https://edintegrity.springeropen.com/articles/10.1007/s40979-017-0022-5
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description The phenomenon of contract cheating presents, potentially, a serious threat to the quality and standards of Higher Education around the world. There have been suggestions, cited below, to tackle the problem using legal means, but we find that current laws are not fit for this purpose. In this article we present a proposal for a specific new law to target contract cheating, which could be enacted in most jurisdictions.We test our proposed new law against a number of issues that would need to be considered before any legal approach could be successful; would changing the legal status of contract cheating make it less likely to happen? Could this be achieved in a specific way? If so, who should actually be prosecuted and what offence are they committing? Would it actually address the causes of contract cheating? We suggest some answers to these questions, but then also identify a number of unintended potential consequences. We therefore additionally consider whether a legal approach is possible or even desirable.We conclude that a legal approach to contract cheating is possible, and, on balance, appropriate. Using UK law as an example, we offer a specific suggestion to lawmakers, around the world, for how this might be achieved, and conclude that the most successful approach would be to focus largely on a law targeting the providers of contract cheating, in particular commercial services.
published_date 2017-11-29T03:46:57Z
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