We had barely re-tweeted the post from February 2013 with the question do Conservatives cheat More? when we read about the proposal to introduce a statute of limitations for plagiarized doctoral theses.
The renewed call for a statute of limitations for this academic misdeed comes in the context of the MD thesis of current German Defense Minister, Mrs. Leyen, being looked at for plagiarism after web site Vroniplag alleged impropriety. While often condemned as vigilantes and as the academic equivalent of the retiree patrolling the neighborhood to write up cars for parking violations, a problem with the folks behind Vroniplag is that they get it right a lot of the time.
So, seeing the call for a statute of limitations, we decided to look at the arguments for and against it.
The main proponent of a "let it be" rule, German law Professor Löwer, says this should be done to achieve "legal certainty". Legal certainty serves as an umbrella term, if you will, for several distinct issues.
Issue one is that fact that many of the contested theses date back two or three decades, which can make definitive proof more difficult. Proponents of a statute also say that the withdrawal of the title of doctor as a result of confirmed plagiarism potentially "destroys a life's work".
Issue two is that a statute of limitations does exist for other academic misdeeds. According to this article, if you cheat on your BA/BS or MA/MS in Germany, there is a five year statute of limitations. The same period of time applies to cheating in your law finals.
So, proponents say that equal treatment as well as protection against "self appointed plagiarism hunters" make the need for a statute of limitations for doctoral theses pretty much self-evident.
The opposing view, rejecting a statute of limitations, is detailed very nicely in this article entitled Should there be a statute of limitations on plagiarism claims?
The main argument in this article is: "To set a time limit and say that plagiarists who get past this point are “safe” does a grave injustice to those who are working to produce great, legitimate work. It allows others to take shortcuts and escape punishments if they can hide their misdeeds long enough."
The author argues from the analogy of copyright violations, which do have a statute of limitations with the qualification that the clock starts at the time of discovery.
Two arguments not found elsewhere - the reason for this post
You could make an argument for a statute of limitations of ten years, as suggested by Professor Löwer, based on technological progress. Uncovering any degree of plagiarism used to be hard work until only a few years ago, but technology pulling in data from a tremendously diverse range of sources makes it easier in many subject areas. Commercial offers, such as ithenticate, or free scanners like Viper, make the task much easier.
The blogster does not know if doctoral theses are routinely run through one or more of these tools today - but they should be.
An argument against a statute of limitations for doctoral theses is, in the opinion of the blogster, much more convincing: in almost all cases, the post graduate work and the title of doctor are one or more qualification levels above "baseline" academic grades needed to enter into a career in the chosen field.
In Germany, for instance, neither a legal doctorate nor a medical doctorate are needed to work as a lawyer or as a physician. In fact, in the debate about the medical thesis that conferred the title "Dr." on Mrs. Leyen, journalist supporters of "let it be" explicitly said that it is a well known fact that medical doctoral theses almost never qualify as "scholarly contribution to advancement in the field" - as the official requirement for such work is normally phrased. They also say that, as a result, hardly anybody actually ever reads these theses.
Which, to the blogster, pretty much means that, at least in some fields, the average doctoral thesis is not far from a vanity degree in the first place. The fact that a lower degree means you cannot get a job in the field may even make the situation worse by providing all the wrong incentives.
The blogster's main point is this: if you pass a BA/BS and then an MA/MS with hard work and diligence, without cheating, the blogster believes plagiarizing in writing a doctoral thesis should not be given a free pass under a statute of limitations.
In a country like Germany, where the extra "Dr." still provides economic and social benefits often far beyond the additional skills and knowledge, indicated by being able to make the title legally part of your name, there simply should not be a statute of limitations.
Real life consequences of losing the "D"
If you are well connected in Germany, being stripped of your "Dr." for cheating has no lasting adverse consequences anyway. Take German Education Minister Schavan, whose thesis was invalidated: not long after losing her PhD, the University of Luebeck conferred an honorary doctorate on the ex-Dr., allowing her to go by Dr. Schavan once again, and she was appointed German ambassador to the Vatican. The Lord forgives.
Or take the poster boy of recent plagiarism, former German Defense Minister Guttenberg. Having been stripped of his JD title did not prevent him from starting a new life in the United States - it seems the "good moral character" requirement for immigration is not adversely affected by bad research habits. And just yesterday, Der Spiegel announced that Bavarian state governor (prime minister) Seehofer has appointed Mr. Guttenberg as a member of the team for the 2018 state election. The mandate of Mr. Guttenberg on the team comprises security policy and digital policy.
PhD programs are limited to a few -- every EasyPhD deprives a student
The final argument against a statute of limitations is that the number of students who get a crack at a PhD (or any D) in Germany is strictly limited. In practical terms, every single time a rich kid or a kid from an "elite" in-group is given a space, another young person does not get a space.
Since personal connections account for a substantial number of awarded places, there are bright young Germans who never have a career because someone like Mr. Guttenberg, Mrs. Schavan and others were given preference.
[Update 10/13/2015] Added paragraph on limited space.
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