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剽窃在美国会怎样?
http://www.sina.com.cn 2002/02/28 08:03  北京青年报

  The American state of Kansas, located near the center of North America in the Great Plains region, is normally a quiet, provincial place. But recently an incident at a high school in a small town there turnedsintosa nationwide controversy reported on both CNN and the front page of the The New York Times.

  The subject of the controversy was plagiarism. Plagiarism means using someone else's words or ideas without giving credit to that person. For example, if I write a book containing the phrase,“blustery winters with little snow, when the country is stripped bare and gray as sheet-iron,”that would be plagiarism, as the phrase is copied from the American author Willa Cather.

  But now suppose I write this: In her novel My Antonia, Willa Cather writes of“blustery winters with little snow, when the country is stripped bare and grey as sheet-iron.”That would not be plagiarism, because I have given Cather proper credit for her words.

  In December 2001, biology teacher Christine Pelton of Piper High School in Piper, Kansas, discovered that 28 sophomores had committed plagiarism in writing their reports for a botany project. The students all received grades of zero for the reports,which is a typical punishment for plagiarism in the American educational system. Several of the students' parents, however, believed that the punishment was too harsh. They complained to the school board, the electedsgroupsof local citizens governing the Piper public schools. The parents claimed that the 15-year-old students had not fully understand the rules prohibiting plagiarism and had not intentionally violated them. The school board, responding to the parents' demands, ordered Mrs Pelton to raise the plagiarists' grades. Mrs Pelton resigned in protest. The school board held public hearings at which many local residents sharply criticized the school board's decision to force Mrs Pelton to raise the students' grades.

  The news media discovered the story, and it soon became a nationwide controversy, with the tide of public opinion running overwhelmingly in favor of Mrs Pelton. According to an article in The New York Times, in the days after the story became news she received dozens of phone calls every day offering not only support but also new employment.

  The Piper High School controversy is one of several recent plagiarism scandals in the United States. In the last several months, both Stephen Ambrose and Doris Kearns Goodwin, two of America's best-known popular historians, were accused of plagiarizing from other authors in their books. The allegations were extensively reported in the news media and seriously damaged both writers' reputations. Goodwin admitted copying but claimed that it was done accidentally. Ambrose acknowledged that there were“omissions”in his use of quotation marks and said he was“sorry”. Both authors promised to correct future editions of their books.

  Last year, when I was a visiting professor of law at Peking University, I was amazed when I read my students' papers and discovered that virtually all had committed plagiarism. In fact, some had plagiarized from the textbook we used in class, thus making it inevitable that they would be caught. Had this been an American university, the students probably would have been given zero grades for their papers and possibly faced additional disciplinary action as well. But I did not react so harshly, for I had learned that plagiarism is treated less strictly in China than in the US. The students were allowed to rewrite their papers so that they gave full credit to the authors they quoted from, and then the papers were re-graded as if the plagiarism had never occurred.

  Why is plagiarism such a serious offense in the United States but not in China? I think the reason is that the American educational system prizes individuality and creativity, while the Chinese educational system emphasizes imitating and thereby learning from the masterpieces of the past. In American schools, students spend very little time memorizing classic poems or recopying famous writings. In all my years of schooling, I can recall only one time when I was asked to memorize a famous literary passage (in my case it was Mark Antony's funeral oration in Shakespeare's play Julius Caesar). Instead of memorizing and copying what others have written, American students are urged from a young age to write their own thoughts in their own words -or at least to use fresh language in explaining other people's thoughts.They are also invited to create original artwork, not to imitate models. Discussion, experimentation and independent thinking are encouraged. Because creativity and originality are so central to Western culture,“borrowing”someone else's work (whether phrases or a fully worked-out idea, it doesn't matter)and passing it off as your own is regarded as a very serious offense, a sort of intellectual larceny.

剽窃在美国会怎样?

  (本文作者为美国律师,毕业于哈佛大学法学院)

  美国堪萨斯州的地理位置,靠近北美中心腹地的大平原,平时是个安静的充满乡土气息的地方。但近来在该州一座小城里的中学所发生的事情演变成了一场全国范围的争论,美国CNN电视网和《纽约时报》的头版均对此进行了报道。

  辨论的主题是剽窃。剽窃意味着不署人家的名就用人家的话或是思想。比如,如果我写的书里有这样一句:“这里的冬天狂风大作,还夹带着小雪,原野只剩得灰蒙蒙一片,就像是一块大铁板。”这便是剽窃,因为这一句是从美国作家维拉凯瑟那儿抄来的。但如果我这样写:维拉·凯瑟在她的小说《我的安东尼亚》中写道:“这里的冬天狂风大作,还夹带着小雪,原野只剩下灰蒙蒙一片,就像是一块大铁板。”这就不是剽窃,因为我已经署了她的名。

  在2001年12月,堪萨斯州派珀市派珀中学的生物老师克里斯汀·培尔顿发现28个高一的学生在写植物课报告时进行了剽窃,便给他们打了零分,这是在美国教育制度中对剽窃行为实施的典型的惩罚。但是几名家长认为这一惩罚太严厉了,便向校董事会告状(校董事会由当地居民推选出来的人组成,是派珀中学的领导机构),这些家长声称这些15岁的学生还没有充分理解禁止剽窃的纪律,并非故意违反。作为对家长要求的回应,校董事会下令培尔顿女士提高剽窃者的分数。培尔顿女士则以辞职表示抗议。校董事会召开了听证会,很多当地居民都在会上尖锐地批评了校董事会强迫培尔顿女士给那些学生提分的决定。

  新闻媒体发现了这件事,使其很快成为了一场全国性的辨论,而支持培尔顿女士的舆论浪潮占压倒之势。据《纽约时报》的报道,在此事成为新闻之后的几天里,她每天都会收到几十个电话,这些电话不仅表示声援,还向她提供工作机会。

  派珀中学的辨论是美国最近发生的几起剽窃丑闻之一。在过去的几个月中,两位知名的写大众历史读物的历史学家安姆布罗斯和古德温被指控在其所著的书中剽窃了他人。这一指控被新闻媒体广为报道,严重地损害了二人的名声。古德温承认了抄录,但声称那是偶然所为,阿姆布罗斯承认自己在使用引号方面存在着“疏忽”,并对此表示“对不起”。二位作者都答应当他们所写的书再版时加以更正。

  去年,我在北京大学做法学访问教授,在我批阅学生的论文时,发现几乎所有的学生都进行了剽窃,这使我十分吃惊。实际上,有些人是剽窃课堂上所用的教科书,因此被发现是必然的。如果这发生在美国大学,这些学生恐怕就会得零分,还可能面临其他的惩罚。但我对此的反应并没有那么严厉,因为我知道中国对剽窃不像美国那么严厉。我便让学生重写论文,让他们对引用的部分仔细署上作者的名字,然后重新给他们打分,就像剽窃没有发生过一样。

  为什么剽窃在美国被认为是如此严重的罪过,而在中国却并非如此?我认为原因在于美国的教育体系崇尚个性和创造性,而中国的教育体系重在模仿,因而也就重在学习以往的名家作品。在美国的学校,学生们只花极少的时间去记忆古典诗歌或重抄名句。在我的学生生涯中,我记得只有一次是老师要我记住一段著名的文学片断(那是莎士比亚所写的话剧《裘力斯·凯撒》中马克·安东尼的葬礼致词)。美国学生从小就受到督促,要用自己的语言写出自己的思想,至少也要使用新鲜的语言来解释他人的思想,而不是记忆和抄写他人已经写好的东西。他们还被鼓励原创艺术作品,而不是模仿样板。讨论、尝试以及独立思考是受到鼓励的。因为创造力与独创性是西方文化的核心,所以“借用”他人的作品(无论是句子还是已经充分阐述了的思想)并将其转到自己名下就被视为严重的罪过,是一种知识领域的盗窃罪。




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