INTELLECTUAL KIDNAPPING: PLAGIARISM AND ITS CONSEQUENCES FOR A LEGAL RESEARCHER

Abstract

The use of the scholarly works or ideas of others without referencing or acknowledging them is not an uncommon practice in research generally. It is a practice that is as old as when writing began. Plagiarism has caused a lot of problems for legal researchers, publishers, academic institutions, and research institutes. Though not a legal offense unless intellectual property right is breached, it touches on the integrity of a researcher and is a violation of research or academic ethic, with mild to severe consequences. It is no gainsaying that advancement in technology has impacted gravely on the rise in plagiarism in legal research. This paper examined the concept of plagiarism generally and its consequences for a legal researcher. It adopted a qualitative research methodology using a doctrinal method of legal research. This research found that technological advancement is one of the major contributors to the growth of plagiarism in legal research. Unfortunately, however, notwithstanding the punitive measures in place to sanction such inappropriate research behaviour, it still persists. The research found further that the punitive measures in place for addressing issues of plagiarism in legal research are inadequate. The research, therefore, concluded that legal researchers must uphold research ethics as if they were legislative instruments with penal sanctions. The paper recommended that considering the gravity of the offense and the inadequacy of the punitive measures adopted to curb the menace, there is a need for legislative measures in the form of penal sanctions for this misconduct.