In the case of plagiarism, by contrast, Randall asserts, ‘Identifying plagiarism entails ascribing to an agent a series of guilty or fraudulent intentions, the necessity to show intent, in order to establish guilt, or at least degrees of it, is by far the most important of all criteria for establishing plagiarism.’ Intention is relevant not just in the sense that the copying is deliberate, but also in terms of a further intention, sometimes referred to in criminal law as an ulterior intent, to claim the credit by passing [off] the work as one’s own.”I actually like the idea of making intent central to Judicial Plagiarism.
But is intent always required? The author goes on to add: “While some institutional statements explicitly include unintentional copying and non-attribution within their definition of plagiarism, the centrality of the element of deceit or bad faith suggests that, at least outside the academic sphere (where, as Groom observes, the concern is really with cheating rather than plagiarism in its literary or artistic context) intention should be key to a charge of plagiarism.”
In doing so, Fr. Bernas in effect, chains the tenant Justices of the Supreme Court to a Ticking Nuclear Bomb which will explode if malicious intent ever IS proved. For example: if a PATTERN of PLAGIARISM should ever be established in their recent jurisprudence. In their Compliance to the Show Cause Order of SCoRP, the UP Law's Malcolm 37 have begun that clinical demonstration of judicial plagiarism as defined by SCoRP and now Bernas--right within the corpus delicti that is Vinuya v. Executive Secretary. Moreover, there is also another SCoRP decision, already final and executory, in the Ang Ladlad case, that is also tainted with plagiarism. It was also written by Justice Mariano Del Castillo and promulgated just two days before Vinuya last April.
Father Bernas is driving the Court deeper into the Quagmire of plagiarism that they have dug themselves with two highly immoderate and unwise actions: (1) the unethical manner by which the Ethics Committee formed by Chief Justice Corona exonerated their colleague, when all five members had concurred with Del Castillo unqualifiedly in Vinuya to begin with; and (2) the Show Cause Order against the UP Law Faculty, which was really a Resolution finding them guilty of violating professional canons of behavior delivered in a Notice of Judgment with an order for them to show cause why they should not be punished according to the vindictive whims of the Court!