In Gothic writings fantasy predominates over reality, the strange over the commonplace, and the supernatural over the natural, with one definite authorial intent: to scare. Not, that is, to

Read the ‘Student Guide on Avoiding Plagiarism in the Law Faculty’, which has been posted on Amathuba with this tutorial. Then, work through the three examples below, identifying whether the passages below the original extract are plagiarised and which ones are not: briefly explain the reasons for decisions in each case.
(Materials developed by Elizabeth Moll, Law librarian, UCT Law Library).
Example 1: Original Source: Ellen Moers, Female Gothic: The Monster’s Mother in Frankenstein. Ed. J. Paul Hunter. New York and London: W. W. Norton, 1996. Page 214.
In Gothic writings fantasy predominates over reality, the strange over the commonplace, and the supernatural over the natural, with one definite authorial intent: to scare. Not, that is, to reach down into the depths of the soul and purge it with pity and terror (as we say tragedy does), but to get to the body itself, its glands, epidermis, muscles, and circulatory system, quickly arousing and quickly allaying the physical reactions to fear.
A subset of English literature is Gothic literature. These writings have fantasy predominating over reality, the strange over the commonplace, and the supernatural over the natural, with one definite authorial intent: to scare. Not, that is, to reach down into the depths of the soul and purge it with pity and terror (as we say tragedy does), but to get to the body itself, its glands, epidermis, muscles, and circulatory system, quickly arousing and quickly allaying the physical reactions to fear.
A subset of English literature is Gothic literature. In these writings, there is a definite intent from the author to scare the reader, through the use of fantasy, supernatural and strange elements (Moers, 1996: 214). What distinguishes these writings from tragedy, is that the author does not use pity or terror, but rather aims to arouse the physical reactions to fear instead (Moers, 1996:214).
A subset of English literature is Gothic literature. These writings aim to use fantasy elements as well as strange and supernatural elements to aid the author’s intent of scaring the reader. The author does not want to scare the reader in the same way a tragedy does (with pity and terror) but rather wants to stimulate the reader’s physical reactions to fear.
A subset of English literature is Gothic literature. Fantasy, strange and supernatural elements dominate over reality, the common place and the natural with the intent to scare. The idea is not to scare as a tragedy does, with pity and terror, but rather to get the body’s physical reactions to fear, such as the glands, epidermis, muscles and getting the blood pumping, to be started quickly.
A subset of English literature is Gothic literature. Gothic literature seeks to scare the reader through highlighting the fantasy over the reality, the strange over the commonplace and the supernatural over the natural (Moers, 1996: 214; Shelton, 2008: 39). The author does this by stimulating the body’s own physical reaction to fear, such as getting the blood pumping, instead of using pity and terror such as in tragedies (Moers, 1996: 214).
Example 2: Original Source: Professor X, Law School Undercover. Honolulu: The Fine Print Press. 2011, p39-62.
A career in law is not necessarily the place for the high school debaters or the college trial team. It is not an extension of the clever interrogations or stunning closing arguments that are the staple of lawyer dramas on television. In the real world of the lawyer, a typical billable hour will be spent researching the law?involving an extremely close reading of statutes and judicial opinions?to discern applicable legal standards while simultaneously trying to recharacterize, usually in writing, a client’s past or intended conduct to fit within the boundaries of those legal standards.
There are many reasons to decide to go into a career in law. However, what has been displayed on lawyer dramas on television is not indicative of what being a lawyer is really like (Professor X, 2011: 40). Most of what occurs in the day to day life of a lawyer, is that of researching the law to be able to find the applicable legal standards that can be used to fit the client’s past or intended conduct (Professor X, 2011: 40).
There are many reasons to decide to go into a career in law. But it must be kept in mind that In the real world of the lawyer, a typical billable hour will be spent researching the law?involving an extremely close reading of statutes and judicial opinions?to discern applicable legal standards while simultaneously trying to recharacterize, usually in writing, a client’s past or intended conduct to fit within the boundaries of those legal standards.
There are many reasons to decide to go into a career in law. However, it is not necessarily just a career for those who are good at arguments, as is displayed by the interrogations and closing arguments shown on lawyer dramas on television. In the lawyer’s reality, most of your time is spent researching the law, which involves reading statutes and case law to find applicable legal principles that can be used to fit a client’s conduct.
There are many reasons to decide to go into a career in law. Although it may seem an attractive prospect for debate captains and moot court aficionados, most of a lawyer’s hours are spent in research, contrary to what TV would have us believe (Professor X, 2011: 40; Kiernan, 2014: 204). These hours are spent judiciously reading statutes and cases to find applicable legal principles that are able to cover your client’s past or intended behaviour.
There are many reasons to decide to go into a career in law. Not only those on debate and trials teams can go into law, as most of a lawyer’s time is spent conducting research, contrary to what is shown on lawyer television dramas. This research involves close reading of legislation and cases in order to find legal standards that will fit a client’s intended or past conduct.
Example 3: Original Source: Ronald Dworkin, Law’s Empire. Massachusetts: Harvard University Press. 1986. Page 1-5.
Lawsuits matter in another way that cannot be measured in money or even liberty. There is inevitably a moral dimension to an action at law, and so a standing risk of a distinct form of public injustice. A judge must decide not just who shall have what but who has behaved well, who has met the responsibilities of citizenship, and who by design or greed of insensitivity has ignored their own responsibilities to others or exaggerated theirs to him. If this judgment is unfair, then the community has inflicted a moral injury on one of its members because it has stamped him in some degree or dimension an outlaw. The injury is gravest when an innocent person is convicted of a crime, but it is substantial enough when a plaintiff with a sound claim is turned away from court or a defendant leaves with an undeserved stigma.
The outcome of a lawsuit is especially important in a community. A judge must decide not just who shall have what but who has behaved well, who has met the responsibilities of citizenship, and who by design or greed of insensitivity has ignored their own responsibilities to others or exaggerated theirs to him. If this judgment is unfair, then the community has inflicted a moral injury on one of its members because it has stamped him in some degree or dimension an outlaw.
The outcome of a lawsuit is especially important in a community. The moral aspect of law means that law is also able to deliver unjust outcomes. A judge, whose responsibility it is to measure the parties in front of him against societal and legal standards, runs the risk of inflicting a moral injury on a community member through an unfair judgment. This injury can be especially substantial when parties with worthy causes are turned away or a party leaves court with an undeserved stigma.
The outcome of a lawsuit is especially important in a community. Lawsuits have a moral dimension and therefore stand a risk of public injustice. A judge’s job is to decide who has behaved well, who gets what, who is a responsible citizen, and who has ignored their responsibilities to others or exaggerated their responsibilities to the judge. If the judgment is unfair, then a moral injury is done to the community because it has branded a member as a person who has done something wrong. This is especially bad when an innocent person is convicted of a crime, but also is still a wrong when a plaintiff’s legally sound claim in court is turned down or a defendant leaves court, not convicted, but with an undeserved stain on their character.
The outcome of a lawsuit is especially important in a community. Law itself has a moral dimension, and this aspect means that in a lawsuit a judge not only runs the risk of public injustice, but also should the judgment be unfair, then a moral injury is done to the community (Dworkin, 1986: 1). This injury is most apparent and dangerous when it is an innocent person convicted of a crime, but it still damages the community when a worthy claim is turned away from court or a defendant’s character is stained undeservedly (Dworkin, 1986:
The outcome of a lawsuit is especially important in a community. Lawsuits matter to a community not only because of the money and liberty involved, but because there is a moral dimension to any legal action and a judge, who is the decider of not only the outcomes of the action but also of the parties’ characters, runs the risk of a public injustice being done should the judgment be unfair (Dworkin, 1986: 1; Andrews, 2011: 35). An unfair judgment inflicts injury on a community, something especially seen when an innocent party is unfairly convicted, but nevertheless still felt when sound legal claims don’t succeed or defendants leave with their reputation in ruins (De Vos, 2015: 5).

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