[lbo-talk] The Daily Schadenfreude: Zakaria not original!

Carrol Cox cbcox at ilstu.edu
Sat Aug 11 09:18:21 PDT 2012


The kind of "plagiarism" illustrated in the article ought to be allowed. Here are the examples:

Adam Winkler, a professor of constitutional law at UCLA, documents the actual history in Gunfight: The Battle over the Right to Bear Arms in America. Guns were regulated in the U.S. from the earliest years of the Republic. Laws that banned the carrying of concealed weapons were passed in Kentucky and Louisiana in 1813. Other states soon followed: Indiana in 1820, Tennessee and Virginia in 1838, Alabama in 1839 and Ohio in 1859. Similar laws were passed in Texas, Florida and Oklahoma. As the governor of Texas (Texas!) explained in 1893, the "mission of the concealed deadly weapon is murder. To check it is the duty of every self-respecting, law-abiding man."

Ms. Lepore:

As Adam Winkler, a constitutional-law scholar at U.C.L.A., demonstrates in a remarkably nuanced new book, "Gunfight: The Battle Over the Right to Bear Arms in America," firearms have been regulated in the United States from the start. Laws banning the carrying of concealed weapons were passed in Kentucky and Louisiana in 1813, and other states soon followed: Indiana (1820), Tennessee and Virginia (1838), Alabama (1839), and Ohio (1859). Similar laws were passed in Texas, Florida, and Oklahoma. As the governor of Texas explained in 1893, the "mission of the concealed deadly weapon is murder. To check it is the duty of every self-respecting, law-abiding man."

Both paragraphs belong in the public domain as much as any single word or phrase is. I imagine thousands of writers have used the phrase "any single word." Why are they not as guilty of plagiarism as is this writer.

Doug is right -- a tempest in a teapot.

Well, not quite. Writing in the media (including left media) would be much improved and often more intelligible if wrieters were allowed to "plagiarize" without cittion merely informative passages. Shakespeare, according to this standard, was a serious plagiarist. So was Milton and probably even Wordsworth.

Carrol



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