Corruption, Social Sciences and the Law: Exploration across the disciplines PDF
Preview Corruption, Social Sciences and the Law: Exploration across the disciplines
Corruption, Social Sciences and the Law The problem of corruption, however described, dates back thousands of years. Professionals working in areas such as development studies, economics and pol- itical 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 multifa- ceted 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 and address corruption and anti-corruption in our own disciplin- ary silos, we are unlikely to significantly progress the fight against corruption. What do terms such as ‘culture of integrity’, ‘demand accountability’, ‘transpar- ency and accountability’ and ‘ethical corporate culture’ dominating the anti- corruption discourse mean, if anything, in other disciplines? If they are meaning- less, 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 com- prehensively. It will be of value to researchers, academics, lawyers, legislators and students in the fields of law, anthropology, sociology, international affairs and business. Jane Ellis is a director, corporate governance specialist, independent researcher and legal adviser with expertise in corporate governance, risk management, whistleblower guidance, business ethics, anti-corruption law and competition law. Jane is a long-standing supporter of Transparency International and a former board member of the Australian chapter of Transparency Inter- national. She is an Australian-qualified lawyer who was formerly a partner in competition law with Ashurst in Sydney. The Law of Financial Crime Series Editor: Nicholas Ryder Available titles in this series include: TheFinancialCrisisandWhiteCollarCrime-LegislativeandPolicyResponses A Critical Assessment Edited by Nicholas Ryder, Jon Tucker and Umut Turksen Countering Economic Crime A Comparative Analysis Axel Palmer The Global Anti-Corruption Regime The Case of Papua New Guinea Hannah Harris Financial Crime and Corporate Misconduct A Critical Evaluation of Fraud Legislation Edited by Chris Monaghan and Nicola Monaghan Corporate Liability for Insider Trading Juliette Overland Corruption in the Global Era Causes, Sources and Forms of Manifestation Lorenzo Pasculli and Nicholas Ryder Counter-Terrorist Financing Law and Policy An analysis of Turkey Burke Uğur Başaranel and Umut Turksen For more information about this series, please visit: www.routledge.com/The- Law-of-Financial-Crime/book-series/FINCRIME Corruption, Social Sciences and the Law Exploration across the disciplines Edited by Jane Ellis Firstpublished2019 byRoutledge 2ParkSquare,MiltonPark,Abingdon,OxonOX144RN andbyRoutledge 52VanderbiltAvenue,NewYork,NY10017 RoutledgeisanimprintoftheTaylor&FrancisGroup,aninformabusiness ©2019selectionandeditorialmatter,JaneEllis;individualchapters,the contributors TherightofJaneEllistobeidentifiedastheauthoroftheeditorial material,andoftheauthorsfortheirindividualchapters,hasbeen assertedinaccordancewithsections77and78oftheCopyright, DesignsandPatentsAct1988. Allrightsreserved.Nopartofthisbookmaybereprintedor reproducedorutilisedinanyformorbyanyelectronic,mechanical, orothermeans,nowknownorhereafterinvented,including photocopyingandrecording,orinanyinformationstorageor retrievalsystem,withoutpermissioninwritingfromthepublishers. Trademarknotice:Productorcorporatenamesmaybetrademarksor registeredtrademarks,andareusedonlyforidentificationand explanationwithoutintenttoinfringe. BritishLibraryCataloguing-in-PublicationData AcataloguerecordforthisbookisavailablefromtheBritishLibrary LibraryofCongressCataloging-in-PublicationData Acatalogrecordhasbeenrequestedforthisbook ISBN:978-0-367-18641-8(hbk) ISBN:978-0-429-19735-2(ebk) TypesetinGalliard byIntegraSoftwareServicesPvt.Ltd. Contents Acknowledgements vii Listofcontributors viii Foreword,LeahAmbler x Introduction 1 JANEELLIS 1 Corruption:Theshapeofthebeast 6 ARVINDK.JAIN 2 Thehistoryofcorruptionandthebenefitsofahistoricalapproach 29 MARKKNIGHTS 3 Bribery,corruptionandthelaw 47 JANEELLIS 4 Reductionofcorruptionasgoodgovernance 59 HABIBULHAQUEKHONDKER 5 Cuibono?Corruptorsandthecorrupted–corporategovernanceand corruption:Therolesandresponsibilitiesoftheprivatesector 78 MARIEDELARAMA,ALICEKLETTNERANDMICHAELLESTER 6 Tacklingcorruptionthroughcorporatesocialresponsibility 101 ONYEKAK.OSUJI 7 Apoliticalscienceperspective:Fromdebatetodétente 133 SAMPOWER vi Contents 8 Discourseofcorruptionandanti-corruption 149 CHRISMCVITTIEANDRAHULSAMBARAJU 9 Corruption:Asociologicalapproach 166 JACEKKURCZEWSKI 10 Themoralityofcorruptioninorganisations 188 DAVIDETORSELLO 11 Usingsystemsthinkingtounderstandandaddresscorruption inthecriminaljusticesysteminfragilestates 201 CHEYANNESCHARBATKE-CHURCHANDDIANAV.CHIGAS 12 Socialnormsandattitudestowardscorruption:Comparative insightsfromEastAfrica 223 CLAUDIABAEZ-CAMARGO,ABELDUFITUMUKIZA, EGIDIUSKAMANYI,SABAKASSA,ROBERTLUGOLOBIANDCOSIMOSTAHL 13 Corruption:Killingthebeast 238 ARVINDK.JAIN 14 Explorationsacrossthedisciplines 260 JANEELLIS Index 270 Acknowledgements My heartfelt thanks go to all the contributors to this book and their appreci- ation of what I hope to achieve through it. Thanks also go to Leah Ambler of the Anti-Corruption Division at the OECD who, in a personal capacity, sacri- ficed what little free time she had to review and contribute to this book. Finally, but certainly not least, my thanks to Peter Leahy who encouraged me in the development of the idea behind the book and its realisation. Contributors Leah Ambler OECD Anti-Corruption Division Arvind K. Jain John Molson School of Business, Concordia University Mark Knights University of Warwick Jane Ellis Director,corporategovernancespecialist,legaladviserandindependent researcher Habibul Haque Khondker Zayed University, Abu Dhabi, UAE Dr. Marie dela Rama University of Technology, Sydney and LongView Part- ners, Sydney Dr. Alice Klettner University of Technology, Sydney and LongView Partners, Sydney Mr. Michael Lester University of Technology, Sydney and LongView Partners, Sydney Onyeka K Osuji School of Law, University of Essex Sam Power Lecturer in politics, University of Exeter Chris McVittie Queen Margaret University, Edinburgh Rahul Sambaraju Trinity College Dublin, University of Dublin Jacek Kurczewski Prof. Em., University of Warsaw, Institute of Applied Social Sciences, chair in sociology and anthropology of custom and law Davide Torsello Central European University, Hungary Cheyanne Scharbatke-Church Professor of practice, Fletcher School of Law and Diplomacy, Tufts University, Medford Diana V Chigas Senior international officer and associate provost, Tufts Uni- versity, and professor of practice, Fletcher School of Law and Diplomacy, Tufts University Claudia Baez-Camargo Basel Institute on Governance Contributors ix Abel Dufitumukiza Basel Institute on Governance Egidius Kamanyi Basel Institute on Governance Saba Kassa Basel Institute on Governance Robert Lugolobi Basel Institute on Governance Cosimo Stahl Basel Institute on Governance
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