The most obvious examples of Minister Yasmin Esquivels plagiarism in

The most obvious examples of Minister Yasmín Esquivel’s plagiarism in her doctoral thesis

An investigation by EL PAÍS has documented that the Minister of the Supreme Court of Mexico, Yasmín Esquivel, plagiarized the dissertation that earned her her 2009 law degree from Anahuac University. At least 209 of the 456 pages of his dissertation Fundamental Rights in the Mexican Legal System and Their Defense correspond to previously published works by 12 authors, including well-known Mexican, Spanish, Italian and German jurists. PAN Senator Kenya López Rabadán has called the judge a “repeat offender of intellectual theft” in a nod to allegations that Esquivel also plagiarized his 1987 thesis, saying the new revelations about academic plagiarism showed a “difficult pattern to justify,” and urged Esquivel to submit her resignation as minister so as not to further upset the Supreme Court. Anahuac University, a private school in Mexico, released a statement Friday night saying plagiarism is not a criminal offense three years after the doctoral examination.

In defense of the minister, her lawyer, Alejandro Romano, reiterated that “the possible presence of omissions in the author’s quotations or errors in their wording has only that meaning – that of defects or omissions – but never a form of plagiarism”. Lawyer has argued that plagiarism “technically” means publishing a “complete work” in someone else’s name. In addition, Romano has said that there are authors whose work is widely used by law students and professors, therefore ” it would be absurd to say that their work has been plagiarized when their points of view are cited.” Esquivel’s lawyer pointed out that two Italian authors, Luigi Ferrajoli and Maurizio Fioravanti, would fall for this assumption, but did not mention the other 10 Authors whose work has been plagiarized, as documented by EL PAÍS Below are the most obvious examples of academic plagiarism Listed in Mexican Supreme Court Dissertation.

The author most copied by Esquivel is Antonio Enrique Pérez Luño, a prolific 79-year-old Spanish jurist and philosopher. A total of 55 pages of the minister’s dissertation come from transcriptions of two unquoted texts by the lawyer: his essay “The Fundamentals of Human Rights” published in the Revista de Estudios Políticos (Nueva Época) in 1983 and the chapter “The role of Kant in the formation of human rights” contained in the work History of fundamental rights (Dykinson, 1998). From this second text, Esquivel even took, without citing, the names that Pérez Luño gave to his sub-chapters: “Immanuel Kant and the High Point of Enlightened Humanism”, “Kant and the Rule of Law”, “Penal Guarantees and Human Dignity”, “Human Rights as Concretization”. of the value of justice” and “Kant and the discovery of the universality of human rights”.

On the left, the index of Esquivel's dissertation;  of Law, index of essays by Pérez Luño, published in “History of Fundamental Rights”.On the left, the index of Esquivel’s dissertation; des Rechts, index of essays by Pérez Luño, published in “History of Fundamental Rights”, El País

From Luigi Ferrajoli – another of the most copied authors – he borrowed practically an entire chapter of his book “Rights and Guarantees: The Law of the Vulnerable”, which the 82-year-old Italian theorist entitled “Fundamental Rights”. Esquivel modified it a bit by calling it “Definition of Fundamental Rights”. The minister quoted Ferrajoli in two paragraphs and then took 33 almost consecutive pages from his book without referring to it. From another Italian jurist, Maurizio Fioravanti (1955-2022), the judge copied the chapter “The three theoretical bases of the freedoms”, which the author divided into sub-chapters, which the minister brought to her dissertation of the same name: “The historicist model”, “The Individualistic Model” and “The Statistical Model”. In this last case, as in several other cases of her dissertation, the minister changed the terms slightly and instead of “statist” she wrote “statist”. Something similar was implemented in the case of the book Los derechos del hombre by José Castán Tobeñas, the President of the Supreme Court of Spain. Where the author titled “Human Rights in their Relation to Similar Legal Figures”, Esquivel wrote: “Fundamental Rights in Relation to Similar Legal Figures”.

Other of the most obvious examples of plagiarism within Minister Esquivel’s thesis can be found in the footnotes. In the original texts, the authors make their own quotations, which they insert at the bottom of the pages. These are transferred directly to her doctoral thesis by the judge, as if she were the one who consulted these works. For this reason, the citation style changes on the 456 pages of the work.

For example, on page 351, in its section on the legal basis of the Amparo trial, footnote 325 states: “We treat of the term ‘governed’ in our work Las Garantías Individuales, Chapter Two” . Esquivel did not write this book, but rather the respected Mexican constitutionalist Ignacio Burgoa Orihuela, whom she is transcribing.

Similarly, footnote 243 on page 206 of Esquivel’s thesis states: “See our article ‘Subjective Rights’ in the New Legal Encyclopedia, Barcelona, ​​​​​​Seix, t. VII, p. 102 ff. This encyclopedia was published in Spain between 1950 and 1965. The minister was born in 1963. Former President of the Spanish Supreme Court, José Castán Tobeñas, contributed to its preparation, who wrote this footnote for the first chapter of his book The Human Rights, 1992.

Or, for example, in the “Legal nature of fundamental rights” section of the minister’s thesis, there are a total of six footnotes to the Basic Law, some of which quote whole articles and even say: “This is the German position on constitutional law, see RENGELING, Hans-W.: Grundrechtsschultz in The European Community, Munich, 1992, p. 112, for Spain see also STC 53/1985 (FJ. 4.)”. They are the same ones that appear in the chapter presented by the German jurist Rainer Arnold for the book “Rechte in Europa” (Rights in Europe) coordinated in 1997 by the National Distance Learning University (UNED) in Spain.

On the left, the minister's dissertation;  on the right a page from the book On the left, the minister’s dissertation; on the right a page from the book “Fundamental rights in Mexico” by the Mexican lawyer Miguel Carbonell.El País

The bibliography also cites Immanuel Kant’s Die Metaphysik Der Sitten (1977) in German and Norberto Bobbio’s Kant e le fue libertá (1974) in Italian. These are the languages ​​in which Antonio Enrique Pérez Luño consulted the books for his text “The Role of Kant in the Historical Formation of Human Rights”, published in 1998 in the History of Fundamental Rights. EL PAÍS asked Minister Esquivel if she had consulted these works in their original languages, but received no reply.

Spanish lawyer José Manuel Rodríguez Uribes, another of the copied authors, has pointed out that the extent of the plagiarism can be seen in the “details”. He, who wrote the chapter “Rousseau and Human Rights” for the history of fundamental rights, added as a footnote an anecdote from the life of the French philosopher that he encountered during his doctorate in the 1990s: Rodríguez Uribes wrote this when Rousseau wrote his discourses – one on the sciences and arts and one on the origin and foundations of inequality among men – to the Dijon Academy, he had a contradictory fate: with the first he triumphed and became famous, with the second he failed because The jury retires before it has finished its reading. “The consensual extravagance of the first discourse became outrageous with the second because of the explicit criticism, in this case not of civilization and progress in general, but more directly of private property in particular, of the incipient capitalist system,” Rodríguez Uribes wrote at the bottom of the page. Dodge it too.

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