Corruption, Social Sciences and the Law: Exploration across the disciplines (The Law of Financial Crime)

The problem of corruption, however described, dates back thousands of years. Professionals working in areas such as development studies, economics and political studies, were the first to most actively analyse and publish on the topic of corruption and its negative impacts on economies, societies and politics. There was, at that time, minimal literature available on corruption and the law. The literature and discussion on bribery and corruption, as well as on the negative impact of each and what is required to address them, particularly in the legal context, are now considerable. Corruption and anti-corruption are multifaceted and multi-disciplinary. The focus now on the law and compliance, and perhaps commercial incentives, is relatively easy. However, corruption, anti-corruption and the motivations for them are complex. If we continue to discuss, debate, engage, address corruption and anti-corruption in our own disciplinary silos, we are unlikely to significantly progress the fight against corruption. What do terms such as 'culture of integrity', 'demand accountability', `transparency and accountability' and `ethical corporate culture' dominating the anti-corruption discourse mean, if anything, in other disciplines? If they are meaningless, what approach would practitioners in those other disciplines suggest be adopted to address corruption. What has their experience been in the field? How can the work of each discipline contribute to the work of whole and, as such, improve our work in and understanding of anti-corruption? This book seeks to answer these questions and to understand the phenomenon more comprehensively. It will be of value to researchers, academics, lawyers, legislators and students in the fields of law, anthropology, sociology, international affairs, and business. -- Provided by publisher Cover 1 Half Title 2 Series Page 3 Title Page 4 Copyright Page 5 Table of Contents 6 Acknowledgements 8 List of Contributors 9 Foreword, Leah Ambler 11 Introduction 14 1. Corruption: The shape of the beast 19 Introduction 19 The nature of corruption and the key players 19 Forms of corruption 20 Administrative corruption and bribes 22 Political corruption 28 Crony-capitalism 29 Corruption in kleptocratic societies 33 Concluding remarks 37 Bibliography 37 2. The history of corruption and the benefits of a historical approach 42 Introduction 42 Conflicts of interest and the problem of defining public and private 45 Entrusted power 48 Gifts 49 The hybrid state and its contractors 51 Comparative histories 54 Conclusion 56 Bibliography 56 3. Bribery, corruption and the law 60 Introduction 60 Bribery and corruption – from a domestic to an international concern 61 From the United States to multilateral conventions and other initiatives 62 Increased enforcement against business 65 And anti-corruption reforms elsewhere? 68 Bibliography 70 4. Reduction of corruption as good governance 72 Introduction 72 What is corruption? 72 What is wrong with corruption? 73 What is governance? 75 The interaction of governance with corruption 77 Does governance require democracy? 78 Corruption as an institutional process 79 Forms of corruption 82 What is to be done? 85 Bibliography 88 5. Cui bono? Corruptors and the corrupted – corporate governance and corruption: The roles and responsibilities of the private sector 91 Introduction 91 Private sector corruption around the world 92 The role of multilateral frameworks in addressing anti-corruption 95 The role of corporate governance in anti-corruption 96 Boards and crisis management 101 Stewardship codes 102 Corporate lobbying 103 Revolving door politics 104 Partially closing the door and the responsibility of the private sector 108 Conclusion 108 Bibliography 109 6. Tackling corruption through corporate social responsibility 114 Introduction 114 CSR, law and anti-corruption: Concepts, scope and relationship 119 The anti-corruption CSR paradigm 123 Anti-corruption CSR implementation framework 126 Practical steps for anti-corruption in CSR 134 Conclusions 137 Bibliography 138 7. A political science perspective: From debate to détente 146 Introduction 146 Traversing the definitional minefield 146 The quantification of corruption: Traversing the methodological minefield 149 The importance of typology: Moving towards a broader debate 153 Analysing the causes of corruption 154 Conclusion 157 Bibliography 159 8. Discourse of corruption and anti-corruption 162 Introduction 162 Discourse of corruption 164 Discourses and corruption 164 Corruption and everyday talk 166 Constructing corruption 168 Discussion and conclusions 174 Bibliography 177 9. Corruption: A sociological approach 179 Introduction 179 The conceptual liquid 179 Ambiguous normativity 180 Functionalist background 180 Sociology of the normative 182 Study of scandals as dramatisation of corruption 183 Scandals as factors of evolution 185 Constructing social problems as politics 186 Political transformation of corruption into economic and social problems 188 Partial definitions 191 Bribery under communist rule and an anthropology of gifts 192 Is there a necessary relationship between power structures and corruption? 194 Conclusion: Do we gain by extending the concept? 197 Bibliography 198 10. The morality of corruption in organisations 201 Introduction 201 Individual motivations and moral order 202 Moral and individual standards forged at the organisation 205 Organisational motivations 208 Does morality matter at all? 210 Bibliography 212 11. Using systems thinking to understand and address corruption in the criminal justice system in fragile states 214 Introduction 214 What’s the problem with the way corruption is commonly understood? 216 Rethinking corruption: Systems analysis 220 Taking it to the field: Conducting a systems-based corruption analysis 222 From analysis to intervention design: Using the map 228 Kuleta Haki 229 Insights on corruption and anti-corruption 230 Conclusion 233 Bibliography 233 12. Social norms and attitudes towards corruption: Comparative insights from East Africa 236 Introduction 236 Behavioural influences based on sociality 238 Social practices and corruption 241 Analysis: The ambivalence of multiple normative frameworks 245 Conclusion 248 Bibliography 249 13. Corruption: Killing the beast 251 Introduction 251 Fight against corruption 253 Champion for the fight 255 Generic strategies 261 Incentives for corruption: Value of rents 261 Performance of government 263 Public administration 264 Civic institutions 265 Anti-corruption strategy 267 Conclusions 267 Bibliography 268 14. Explorations across the disciplines 273 What is corruption? 274 Legal frameworks 277 Practical implications 280 Bibliography 282 Index 283