Combating and overcoming corruption in business and in political affairs is one of the most important issues facing business and professional ethics in the 21st century. That corruption exists is a fact. That corruption is widespread and spreading is a commonperception. Many believe that corruption is culturally induced. Some believe corruption to be so much a part of the fabric of some societies as to be unquestioned and unassailable. Or, is it simply a myth (...) that corruption is a matter of culture? (shrink)

Building on Seumas Miller’s concept of corruption leads me to conclude that the question of disposition is central to the concept of corruption, which prompts me to consider punishment theories with regard to deterring dispositions to corruption. However, problems with punishment as a stand-alone approach lead me to consider institutional reform recommendations. Although institutional reforms have the weakness of merely engaging corrupt disposition in a hide-and-seek game, I seek to reconcile institutional approaches and moral individualism by suggesting (...) that the former is intended to aid the latter, in the sense that resisting corruption is a question of cost, and the onus is to determine how to reduce this cost. In this regard, prevailing proposals are inept without an enabling environment: public deliberation (comprising publicity and deliberation) is a necessary (though not sufficient) condition for combating corruption, because it (1) compels reason to function at its best, (2) demands rational accountability, and therefore account-giving, (3) increases ‘common-good’ thinking, (4) facilitates the recruitment of responsible institutional role-occupants, and (5) is a self-correcting instrument. (shrink)

This article considers what policy reforms may help catalyze corporate commitment to combating corruption. The starting point for this discussion is a voluntary, corporate principles approach to self-regulation. Such an approach should seek to encourage corporations to implement effective compliance and ethics programs and to disclose information related to their anti-corruption activities to relevant stakeholders. Although a corporate principles approach is a private initiative, there is a significant role for the public sector. This article discusses some of (...) the ways that the public sector can support and further the goals of a corporate principles approach to combating corruption. The reforms discussed in this article include amnesty programs for corporations that self-disclose corrupt payments, the use of corporate monitors in the enforcement of anti-corruption laws, expanding the definition of corruption in criminal laws, sustainability reporting indicators related to bribery, and the implementation of multi-stakeholder initiatives to support a corporate principles approach. (shrink)

There are seven sins in the world: Wealth without work, Pleasure without conscience, Knowledge without character, Commerce without morality, Science without humanity, Worship without sacrifice and Politics without principle. (Mahatma Gandhi).

Academic institutions aim at achieving the highest standards of education and learning. Consequently, they prohibit academic corruption such as cheating or plagiarism. This article examines how international accreditation and quality assurance standards embody academic integrity as a main factor in deciding whether an academic institution should be accredited, and what ranking should an academic institution acquire in a competitive contest for educational excellence. Academic integrity is broadly defined to include, in addition to cheating and plagiarism, compliance with standards of (...) human rights, labor rights, corporate social responsibility, ant-corruption measures, environmental protection, social media usage, protection of underage students, anti-radicalization and extremism, avoidance of conflict of interest, faculty professionalism, students codes of conduct and human experimentation. Academic institutions should adopt policies that are designed to address these diverse standards and accommodate diversity and enhance access to education for all without discrimination. Academic institutions should also strictly require the highest standards in teaching and research. This article will discuss the different policies, laws, rules and regulations adopted by Qatar University as a model for incorporating academic integrity, which may be of interest to the international higher education community. This article will ask two main questions; are accrediting institutions asking the right questions to find out whether an academic institution strictly adheres to a policy of academic integrity, and whether policies adopted by academic institutions, Qatar University as a model, are adequate to address various violations of academic integrity. (shrink)

This article formulates a new approach to combating corruption in Uganda. In pursuit of this research, the author highlights the chronicity of corruption in Uganda, which is uniformly political and bureaucratic. Bureaucratic corruption takes place in service delivery and rule enforcement. It has two sides: demand-induced and supply-induced. Political corruption occurs at high levels of politics. There are 'political untouchables' and businessmen who are above the law and above institutional control mechanisms. The established institutions of (...) checks and balances in Uganda have assiduously continued to have a limited bearing on corruption. Neither coherent anti-corruption norms nor severe formal sanctions are able to dishearten certain politicians and civil servants in Uganda from the deviant behaviour of structural corruption. Corruption is a spiritual departure from the law and standard of God. It is an action conceived in the human mind and carried out by the corrupt. Therefore, corruption deterrence not only lies in sound public financial management systems but depends to a large extent on having people with positive human character in all aspects of national life. This article thus provides the framework of corruption and discusses the manifestation of political and bureaucratic corruption in Uganda. It also exegetes the biblical stance regarding corruption. Finally, it proposes a panacea for combating political and bureaucratic corruption. (shrink)

This article discusses the effects of the OECD Convention on Combating the Bribery of Foreign Public Officials, which was signed in 1997 and is due to be implemented by the signatory nation‐states this year. The Convention represents the expansion of legal measures to combat the bribery of foreign public officials by individuals or corporations, and it has been accompanied by the Organisation of American States’ Convention Against Corruption. Previously the Foreign Corrupt Practices Act , which applied only to (...) United States individuals or corporations, ‘stood alone in the world as a legal barrier to transnational bribery’ . This article proceeds in stages to evaluate implications of the Convention. Firstly the Convention is placed in the context of the increased focus on transnational business bribery in recent years. Second, the main points of the Convention are outlined. Third, the issues and problems posed by the Convention for business are discussed. Finally some themes regarding enforcement by the relevant authorities are outlined. (shrink)

In this book, Seumas Miller develops distinctive philosophical analyses of corruption, collective responsibility and integrity systems, and applies them to cases in both the public and the private sectors. Using numerous well-known examples of institutional corruption, he explores a variety of actual and potential anti-corruption measures. The result is a wide-ranging, theoretically sophisticated and empirically informed work on institutional corruption and how to combat it. Part I defines the key concepts of corruption, power, collective responsibility, (...) bribery, abuse of authority and nepotism; Part II discusses anti-corruption and integrity systems, corruption investigations and whistle-blowing; and Part III focuses on corruption and anti-corruption in specific institutional settings, namely policing, finance, business and government. Integrating theory with practical approaches, this book will be important for those interested in the philosophy and ethics of corruption as well as for those who work to combat it. (shrink)

Despite a strong sensitization to the corruption problem and a large body of interdisciplinary research, scientists have only rarely investigated which motivational, volitional, emotional, and cognitive components make decision makers in companies act corruptly. Thus, we examined how their interrelation leads to corruption by proposing an action model. We tested the model using a business simulation game with students as participants. Results of the PLS structural equation modeling showed that both an attitude and subjective norm favoring corruption (...) led to a desire to act corruptly. Given high perceived behavioral control, this desire was transformed into an intention that finally resulted in corrupt action. Components related to general private and professional goals did not allow for any prediction. Based on these results, we discuss preventative measures and methods for combating intra- and inter-organizational corruption. (shrink)

This book represents the first systematic qualitative analysis of a new type of collective anti-corruption initiatives. The author describes how companies can take responsibility in the fight against corruption and which six success factors play an important role in this difficult endeavor. Despite great international efforts throughout the last two decades, corruption has not significantly decreased on a global level. In light of globalization, private actors increasingly cooperate in the fight against corruption in the context of (...) sector-specific coordinated governance initiatives. In this study, this new collective approach is examined in view of its potential to curb corruption. Contents - Introduction - Theoretical Background: Self-Interest as a Means of Preventing Corruption - Methodological Approach - Multiple-Case Study Analysis - Cross-Case Analysis and Discussion - Summary and Conclusions Target Groups - Researchers and students in the fields of politics, economics, and business ethics - Practitioners such as compliance managers and other anti-corruption specialists The Author Berta van Schoor works as a compliance manager at a major German company. She wrote her doctoral thesis at the Business Ethics Chair of the Technical University Munich. As a co-leader of the regional chapter of Baden-Wuerttemberg of Transparency International Germany, she regularly speaks on topics like corruption prevention and the role of business in combating corruption. While working on her thesis she also gave lectures in business ethics and sustainability management. (shrink)

A bold new approach to combatting the inherent corruption of representative democracy This provocative book reveals how the majority of modern liberal democracies have become increasingly oligarchic, suffering from a form of structural political decay first conceptualized by ancient philosophers. Systemic Corruption argues that the problem cannot be blamed on the actions of corrupt politicians but is built into the very fabric of our representative systems. Camila Vergara provides a compelling and original genealogy of political corruption from (...) ancient to modern thought, and shows how representative democracy was designed to protect the interests of the already rich and powerful to the detriment of the majority. Unable to contain the unrelenting force of oligarchy, especially after experimenting with neoliberal policies, most democracies have been corrupted into oligarchic democracies. Vergara explains how to reverse this corrupting trajectory by establishing a new counterpower strong enough to control the ruling elites. Building on the anti-oligarchic institutional innovations proposed by plebeian philosophers, she rethinks the republic as a mixed order in which popular power is institutionalized to check the power of oligarchy. Vergara demonstrates how a plebeian republic would establish a network of local assemblies with the power to push for reform from the grassroots, independent of political parties and representative government. Drawing on neglected insights from Niccolò Machiavelli, Nicolas de Condorcet, Rosa Luxemburg, and Hannah Arendt, Systemic Corruption proposes to reverse the decay of democracy with the establishment of anti-oligarchic institutions through which common people can collectively resist the domination of the few. (shrink)

The cases of corruption reported by the media tend almost always to involve a private party (a citizen or a corporation) that pays, or promises to pay, money to a public party (a politician or a public official, for example) in order to obtain an advantage or avoid a disadvantage. Because of the harm it does to economic efficiency and growth, and because of its social, political and ethical consequences, private-to-public corruption has been widely studied. Private-to-private corruption, (...) by contrast, has been relatively neglected and only recently has started to receive the attention it deserves. The purpose of this paper is to offer some thoughts on the nature and importance of private-to-private corruption; the legal treatment it receives in some of the world''s leading countries; and the measures that companies can take to combat it, with special consideration of its ethical aspects. (shrink)

The article “Prevention of corruption in public procurement: importance of general legal principles” examines the importance of general legal principles in the sphere of public purchases. The purpose of the work is to analyse the information on possible methods of prevention of and fight against corruption. The main result of the work is the conclusion that strict adherence to the general legal principles is one of the corruption-reducing factors. While combating corruption in the field of (...) public procurement, general legal principles should not be divided into primary and secondary principles, because they are all equally important and complement each other. Audit of the normative acts regulating public procurement shall be performed in the Member States of the European Union; positivisation of the following principles will effectively prevent manifestations of corruption in the area of public procurement: the principle of responsibility; principle of permanent composition of the procurement commission; the principle of in dubio pro reo; the principle of compensation; the principle of control; the principle of objectivity; the principle of completing the procurement procedure within a reasonable time period. (shrink)

The superfluous and systemic problem of fraud and corruption in South African universities has intentionally paralysed internal control measures that detect and combat corruption. This reality has been aggravated by the deployment of unskilled workers in strategic positions in universities, driving the corruption agenda and frustrating those skilled quality employees capable of operating the systems that detect and combat corruption. This article explores employees’ experience and knowledge in previously disadvantaged universities relating to operating systems that enable (...) the detection and prevention of fraud and corruption. This paper further attempts to assess whether these universities employ and retain knowledgeable and quality employees who can operate these systems. The qualitative multi-case study was conducted using a sample of 20 middle and senior managers, with data collected through interviews. The study generated five themes from the research findings, which appear to have allowed the corrupt practices to occur. These include, first, intentionally paralysed internal control systems and processes; second, the deliberate employment and retention of incompetent employees; third, the inconsistent application of policies and practices which favour those driving the corruption agenda; fourth, the lack of the requisite knowledge and skills; and lastly, the absence of retention and succession plans, with those who are ethical being isolated and purged from the corrupt system. This study has not been explored previously and therefore adds value to theories and realities of corruption in universities. The research also contributes by shedding light on the extent of organised and systemic corruption in South African universities, assisting decision-makers in implementing the appropriate interventions to combat corruption. (shrink)

The disruptions in Africa including underdevelopment, poverty, disease, ignorance, instability, are said to have constituted a serious pandemic, and the causes of the pandemic have been variously described as consequences of colonialism, neo-colonialism, military incursion, poor leadership and corruption. This paper argues that the absence of mass education may be considered as a pandemic. It further contends that the failure to offer the population mass education, beginning with the basic literacy programmes is serious educational pandemic. That pandemic could explain (...) much of the problems and afflictions in Africa and the breakdown of the society, long before the contemporary COVID-19. The study relied on interviews, articles and books using the descriptive approach as a methodology. The authors found out that the absence of mass education has consequences such as unemployment, low life expectancy, poverty trap and exploitation among others. The study recommends that training structures at all levels need to ensure there is always a built-in link between literacy and students’ professional activities, including the different elements of their environment. It also recommends that the vision for mass education itself needs to be more inclusive of and responsive to other areas of life to improve the guarantee of adjustment to globalization, rapid change and new challenges. (shrink)

This paper aims to investigate the extent of anti-corruption reporting by ASEAN companies and examine whether coercive factors influence the level of disclosure. The authors adopt indicators from the Global Reporting Initiative version 4.0 to measure the extent of anti-corruption disclosures in 117 companies’ reports. Informed by a coercive isomorphism tenet drawn from the institutional theory, the authors propose that several institutional factors influence the extent of their voluntary disclosures. The findings reveal that a large degree of variability (...) difference between the average levels of anti-corruption disclosure in Thailand and the Philippines. The dependence on government tenders and foreign ownership are associated with the level of disclosure. Surprisingly, the United Nation Global Compact membership is not a significant determinant of anti-corruption reporting. This signifies that the membership in the international initiative does not correspond to individual company’s commitment to disclose anti-corruption information. In spite of significant efforts undertaken by global organizations to combat corruption, the level of anti-corruption disclosure is significantly different among the four countries under study. The disclosure of sensitive information such as the confirmed incidences of corruption cases requires careful consideration by the top management as it is subjected to legal implications and reputational risks. Thus, impression management can complement the coercive pressure in explaining the level of anti-corruption reporting. This study is among the first studies which explores the association between coercive factors and the level of anti-corruption disclosure in ASEAN region. (shrink)

Corruption has caused serious dysfunction in most of the public institutions in Zimbabwe. The effectiveness of public institutions on providing meaningful services today hinges upon the capacity of the Church and other social institutions to combat corruption. Regrettably, corruption has infected and affected both the Church and the secular institutions. This theoretical qualitative study explores the potential of the Church of Christ in Zimbabwe (COCZ) in curbing corruption in Zimbabwe. It employs a combination of the Christological (...) kenosis and Ubuntu or Hunhu as its theoretical lenses. The article argues that the Church has great potential to tackle corruption. The potential of the COCZ manifests in its organisation and public engagement. The restorative nature of the COCZ Restoration Movement (RM) magnifies scripture, the gospel of Christ (Christological kenosis) as a tool of conviction and behaviour change in public spaces to combat corruption. These unique attributes of the COCZ provide the rationale for choosing it as a case study in this article. The data were collected through the engagement with literature largely from the Zimbabwean scholars on the subject and the COCZ documents. The findings were that the COCZ can only unlock its potential if it is committed to taking a self-introspection and reconfigure itself in order to take a robust anti-corruption stance.Contribution: The study poses questions about the potential of the Church’s voice, through the case of the COCZ, in the context of corruption in Zimbabwe. It pushes for the Church to reclaim its authentic status in order to root out corruption and have relevance in the Zimbabwean communities’ lived experiences. Religion has always claimed higher ground in ethical and moral issues, but there is scanty literature on the COCZ’s role in combating corruption in Zimbabwe. The study maintains that the Church has a consequential opportunity to either drive the agenda to end corruption or lose relevance due to perceived complicit attitudes towards the same. (shrink)

Thomas W. Dunfee, in addition to his many other contributions to business ethics literature, has generated a stream of research that attempts to tackle the issue of corruption. Dunfee's research on corruption includes three primary contributions: the introduction of "Integrative Social Contract Theory" which provides a normative theoretical framework by which to judge the morality of global business activity including corruption; the "C2 Principles", which outline specific content and implementation measures that corporations can voluntarily adopt to combat (...) corruption; and a normative evaluation of "guanxi," a concept which can lead to questionable corruption practices in China. The article will highlight Dunfee's contribution to the literature and suggest future research directions based on his academic work. (shrink)

It is clear that corruption as the abuse of power is an enormous bioethical issue in the public health sector in SA, but as a challenge, it has not elicited much discussion from a global bioethical perspective. The Universal Declaration of Bioethics and Human Rights on corruption considers three matters. First, the existence of corruption as a problem of power is recognised in the health environment and condemned. Second, corruption is indicated as an immoral phenomenon that (...) harms the interests of the patient, ignores vulnerable people and neglects social responsibility. Third, it can be concluded that the UDBHR expresses the opinion that corruption has to be combated by a process of ethical decision-making, the use of ethics committees and ethics education. (shrink)

Corruption is a serious economic, social, political, and moral blight, especially in many emerging countries. It is a problem that affects companies in particular, especially in international commerce, finance, and technology transfer. And it is becoming an international phenomenon in scope, substance, and consequences. That is why, in recent years, there has been a proliferation of international efforts to tackle the problem of corruption. One such international cooperative initiative is the United Nations Convention against Corruption, signed in (...) 2003, which came into force in December 2005. This is the first truly global instrument to prevent and combat corruption, built on a broad international consensus. The purpose of this article is to explain the origin and content of the Convention, what it adds to existing international instruments for combating corruption, and its strengths and weaknesses, mainly from the point of view of companies. (shrink)

Resumen Los estudiantes universitarios pueden contribuir a la calidad de la democracia de su país en la medida en que aprendan a distinguir cómo la corrupción se instala en su práctica cotidiana, la combatan y se comprometan a estar atentos a la honestidad de sus acciones y la veracidad de su discurso. Describimos las implicaciones de comprender a la democracia como gobierno por discusión y pasamos a proponer a la razón pública como el sine qua non de una democracia que (...) busca hacer justicia social y que requiere ciudadanos dispuestos a debatir ideas con honestidad y rigor crítico, con debates públicos y pasión por la verdad. Estas ideas las contrastamos con los hallazgos de una encuesta sobre corrupción aplicada anualmente a estudiantes universitarios.University students maj contribute to the quality of democracy in their country to the extent that they learn to distinguish how corruption is part of their day-to-day practices, they combat it and commit themselves to be attentive regarding the honesty of their actions and the veracity of their discourse. We describe the implications of understanding democracy as government by discussion; we then propose public reason as the sine qua non of a democracy that seeks social justice and requires citizens willing to debate ideas honestly, rigorously, and critically, in public debates and with a passion for the truth. We contrast these ideas with the findings from a yearly survey of university students. (shrink)

Thomas W. Dunfee, in addition to his many other contributions to business ethics literature, has (along with several co-authors) generated a stream of research that attempts to tackle the issue of corruption. Dunfee's research on corruption includes three primary contributions: (1) the introduction of "Integrative Social Contract Theory" which provides a normative theoretical framework by which to judge the morality of global business activity including corruption; (2) the "C2 Principles" (Combating Corruption), which outline specific content (...) and implementation measures that corporations can voluntarily adopt to combat corruption; and (3) a normative evaluation of "guanxi," a concept which can lead to questionable corruption practices in China. The article will highlight Dunfee's contribution to the literature and suggest future research directions based on his academic work. (shrink)

The question of what firms do internally in the fight against bribery is probably as important to the successful outcome of that fight as formal anti-bribery law and enforcement. This paper looks at corporate approaches to anti-bribery commitment and compliance management using an inventory of 246 codes of conduct. It suggests that, while bribery is often mentioned in the codes of conduct, there is considerable diversity in the language and concepts adopted in anti-bribery commitments. This diversity is a feature of (...) the language used in describing parties to bribery and in defining which activities are prohibited (e.g. promising bribes versus actually giving them, gifts and entertainment, and solicitation. This diversity of language and concepts suggests that it might be useful to extend and deepen efforts in business associations and international organisations to build consensus on the meaning of bribery and corruption. In contrast, the bribery codes show evidence of an emerging consensus on managerial approaches to combating bribery. This involves the deployment of a distinctive mix of management tools, including financial record keeping, statements by executive officers, internal monitoring, whistle-blowing facilities, creation of compliance offices and threats of disciplinary action. (shrink)

Introduction. The problem of corruption continues to be relevant in Russia. More research is needed to effectively combat corruption. Studying corruption in the context of general issues of contemporary Russian politics is particularly relevant in this regard. Purpose. The article is aimed at disclosing contradictions associated with perceiving corruption by the population of Russia and its representation in the official discourse. Methods. The author uses the following methods: analysis of statistical data, analysis of the results of (...) public opinion polls, and discourse analysis. Scientific novelty of the research. The article demonstrates the discrepancy between citizens’ perceptions of corruption and their attitudes regarding power and the political regime. The author shows the inconsistency of the official discourse on corruption in Russia. Results. The article reveals the peculiarities of perceiving corruption by the population of Russia. Citizens’ perceptions of corruption correlate with their attitudes towards power and political regime. The author shows the key features of depicting corruption in the official discourse. Conclusions. Widespread perceptions of high levels of corruption have little impact on public support for the Russian political regime. In the mass consciousness, there is no understanding of the connection between corruption, an ineffective economy and a low standard of the population’s living. Corruption is not a significant factor in protest moods, although many causes of social discontent are somehow related to corruption. Reflections of corruption in official discourse are incomplete and internally inconsistent. The approaches to combating corruption proclaimed in the official discourse are not fully implemented in the current anti-corruption policy. (shrink)

The phenomenon of corruption is a cancer that affects our country and that it is necessary to eradicate; This dilutes the opportunities for economic and social development, privileging the single conjunction of particular interests, political actors in non-legal agreements for their own benefit, which lead to acts of corruption. Recent studies indicate that the level of corruption present in a political system is directly related to the type of institutional structure that defines it (Boehm and Lambsdorff, 2009), (...) as well as the ineffectiveness of the control organisms (Casar, 2015; Cárdenas, 2010, Rojas, 2010, Carbonell, 2009, Restrepo, 2004), which requires citizen action to combat corruption (Sandoval, 2010, Villanueva, 2006). This work, focuses our attention on the federal public administration, presenting as a proposal to empower the citizen action in the fight against corruption and in the National Anticorruption System; the figure of Whistleblowers or generator of citizen alert, based on two fundamental principles: i) recognizing the citizen's obligation to report acts of corruption and ii) the granting by the authority of witness protection. These two actions will result in two important results: i) Consolidate the citizen's complaint to inform society about acts of corruption and ii) and the exercise of freedom of information so that society is able to be informed about acts of corruption. These actions will allow promoting and consolidating a culture of reporting acts of corruption that may constitute a crime as a fundamental pillar in the National Anticorruption System in Mexico. (shrink)

Among key emerging societal principles to which a lawyer owes a high degree of fidelity are those that advance sustainability and that combat corruption. This essay considers the character of those...

The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the OECD Convention) obligates signatory nations to make bribery of foreign public officials a criminal act on an extraterritorial basis. The purposes of this article are to describe the nature and consequences of bribery, outline the major provisions of the OECD Convention, and analyze its role in promoting transparency and accountability in international business. While the OECD Convention is not expected to totally eliminate the seeking (...) or taking of bribes, there are hopes that a uniform set of rules will curtail corrupt behavior, as long as those rules are both enforceable and enforced. (shrink)

The purpose of this essay is to explain what kind of responsibility citizens should assume for structural corruption. To delve into this topic, we analyze the components of a concept of structure as applied to the features of corruption, as well as the notions of guilt, responsibility and political responsibility. Thus, we argue that citizens who do not participate directly in acts of bribery are politically responsible for systemic corruption. Assuming political responsibility implies taking actions in the (...) public sphere to combat the structure of corruption in conjunction with other citizens. (shrink)

The revelation of widespread corruption in the Oil-for-Food Programme (the “Programme”) and the recent scandal involving the British arms manufacturer BAE Systems threatens to unravel the fragile global consensus on combating corruption. This paper outlines the emerging global consensus and legal framework on corruption and assesses the extent to which this consensus has been undermined by the above mentioned revelations of corruption. Both incidents provide an interesting context in which to analysesome of the difficult issues (...) presented in the regulation of transnational corruption. The regulation of transnational corruption provides a framework for analyzing the critical dimensions of the interaction between the norms in various domestic communities and the transnational context of these interactions. The paper argues that the current framework of multilateral efforts to curb transnational corruption is unable to tackle the problem effectively and concludes that the liability framework for engaging in transnational corruption has almost exclusively been the result of political expediency rather than that of empirical information. By examining the multilateral efforts by the international community to combat corruption, the paper generates questions about the status and future direction of thefight against corruption under international law. (shrink)

Over the past decade, we have witnessed some early signs of progress in the battle against international bribery and corruption, a problem that throughout the history of commerce had previously been ignored. We present a model that we then use to assess progress in reducing bribery. The model components include both hard law and soft law legislation components and enforcement and compliance components. We begin by summarizing the literature that convincingly argues that bribery is an immoral and unethical practice (...) and that the economic harm it causes falls most heavily on those least able to absorb it. The next section summarizes the main provisions of anti-bribery legislation including the Foreign Corrupt Practices Act (FCPA), the Organization for Eco nomic Development's Convention on Combating Bribery of Foreign Officials in International Business Transactions, the United Nations Convention Against Corruption and the laws of selected countries. We conclude this section with a discussion of the "moral imperialism" argument for not imposing Western laws and values on other cultures. The next section focuses on the roles played by NGOs including Transparency International (TI), the World Economic Forum (WEF), and the International Chamber of Commerce. We review trends in enforcement and prosecution, including a review of the United States' enforcement processes, mechanisms for cross-border legal assistance, a discussion of the distinctive nature of FCPA cases, and an assessment of what the future holds for enforcement. The final section focuses on compliance processes for corporations aimed at reducing the risk of FCPA and related violations. This section also addresses the ethics of gift giving and "grease" payments. The article concludes with a summary and suggestions for further research. Throughout the article, we reference important bribery cases and include comments from several authorities who are on the front lines of the battle against international bribery. (shrink)

Recently (2010–2011) new criminal legislation to combat illegal income and corruption was passed and publicly discussed in Lithuania. Within the list of the new legal measures, special attention should be paid to criminalisation of illicit enrichment, establishment of a model of extended property confiscation, reinforcement of responsibility for corruption-related offenses, a provision that not only property but also personal benefits may constitute a bribe. It can be seen from the explanatory letters attached to the draft laws and the (...) political debate that the new regulation is expected to achieve decisive breakthrough in the fight against corruption and illegal income. However, without any doubt as to the necessity to fight against those social evils, the author presents critical evaluation of the reform by applying the test of principles of criminal law, legal language and practical effectiveness. By making critical conclusions that the new criminal legislation deliberately lightens the prosecution’s goal of incrimination and the burden of proof, the author warns about the purposive instrumental nature of the new laws, which are balancing on the threshold of legitimacy. In the article the author reveals crucial shortcomings of the new legislation: in some aspects it lacks legal certainty, in other aspects it ignores the principles of guilt, presumption of innocence and proportionality as well as the conception of criminal law as a last resort (ultima ratio). As a result, the new legal means against illegal income and corruption leave space for applying inadequate repression beyond their intended purpose, in addition, they criminalise human conduct that is insufficiently dangerous and create preconditions for senseless criminal prosecutions and violation of human rights. (shrink)

AbstractCorruption is one of the most intractable problems that the world is faced with and its reported impact is widespread and pervasive. Since the mid-1990s, international efforts to combat this problem expanded significantly, driven by the involvement governments, international financial institutions and non-governmental organisations. The objective of this article is to use Michel Foucault’s work in a critical analysis of the international fight against corruption. This analysis is centred on Foucault’s concept of governmentality, as well as his notions of (...) knowledge, power and ethics. The primary focus is on the role played by the World Bank, the International Monetary Fund and Transparency International in the proliferation of international anti-corruption discourse and practices. Furthermore, South Africa will be used as a case study to unpack the historical and contextual factors that play a role in the legitimisation of corruption. As will be shown in this assessment, without adequately understanding the local factors that stimulate corruption and the other societal characteristics that serve to compound its pervasiveness, internationally driven anti-corruption initiatives have limited scope for success. Corruption will persist where there is a lack of resonance between international anti-corruption ideals and local norms, values and ideologies. (shrink)

O objetivo do artigo é analisar a condução da política externa estadunidense com a China, entre 1890 e 1909, tomando como referencial a interpretação historiográfica dos autores revisionistas William Appleman Williams e Walter LaFeber. Propõe-se que o “anticolonialismo imperial” engendrado pelos Estados Unidos no processo de disputa pela abertura do mercado chinês está na origem dos conflitos com as tradicionais potências imperialistas. O trabalho explora, portanto, a tese historiográfica revisionista segundo a qual a política externa norte-americana radicada nos princípios da (...) “Open Door Policy” é fundamental para a compreensão de antagonismos que contribuíram para a Guerra Fria.The aim of the article is to analyze the conduct of US foreign policy with China between 1890 and 1909, taking as reference the historiographical interpretation of the revisionist authors William Appleman Williams and Walter LaFeber. It is proposed that the "imperial anticolonialism" engendered by the United States in the process of dispute over the opening of the Chinese market is at the origin of conflicts with the traditional imperialist powers. The paper thus explores the revisionist historiographical thesis that US foreign policy rooted in the principles of the Open Door Policy is fundamental to understanding the antagonisms that contributed to the Cold War. Resumen El objetivo del artículo es analizar la conducción de la política exterior estadounidense con China, entre 1890 y 1909, tomando como referencial la interpretación historiográfica de los autores revisionistas William Appleman Williams y Walter LaFeber. Se propone que el "anticolonialismo imperial" engendrado por Estados Unidos en el proceso de disputa por la apertura del mercado chino es el origen de los conflictos con las tradicionales potencias imperialistas. El trabajo explora, por lo tanto, la tesis historiográfica revisionista según la cual la política exterior norteamericana radicada en los principios de la "Open Door Policy" es fundamental para la comprensión de antagonismos que contribuyeron a la Guerra Fría. (shrink)

We are revolutionary offspring of indomitable spirit. We are born rebels. We came to this world to rebel against the bourgeoisie and carry the great proletarian revolutionary banner. Sons will justifiably succeed the power seized by their fathers' generation. This is called passing it on from generation to generation.

Corruption Perceptions Index (CPI) scores for 47 countries reported by Transparency International were used to ascertain determinants of bribe taking in international business. Two sets of independent variables – economic and cultural – were used in a multiple regression analysis. Results indicate that bribe taking was more likely to be prevalent in countries with low per capita income and lower disparities in income distribution. Cultural factors such as high power distance and high masculinity in a country were also likely (...) to be associated with high level of bribe taking. Both economic and cultural factors were important explanatory factors of bribery. Implications of the findings for combating bribery are discussed. (shrink)

Confucianism’s emphasis on filial piety is both a hallmark of its approach to ethics and a source of concern. Critics charge that filial piety’s extreme partialism corrupts Chinese society and should therefore be expunged from the tradition. Are the critics correct? In this article, we outline the criticism and note its persistence over the last century. We then evaluate data from the empirical study of corruption to see whether they support the claim that partialism corrupts. Finally, we report some (...) recent experimental work done with colleagues testing the claim that filial piety is associated with tolerance of corruption in Chinese societies. The results suggest that the critics are on to something. However, partialism (or kin affection) is not a cause of concern. Instead, authoritarianism (another aspect of filial piety) is associated with tolerance of corruption. We conclude that critics should reformulate their criticisms if they seek to combat corruption effectively. (shrink)

The field of Business Ethics is still underdeveloped and negative stereotypes about the level of business ethics practice are prevalent. The field of Business Ethics is not yet institutionalized in the Academia of most ideastern countries. Most governments in the region have agencies to combat corruption. One of the interesting developments is the Eco-Peace organization for cross national cooperation in the field of ecology. The report concludes with some of the trends expected to impact economic developments and Business Ethics (...) in the Middle East. (shrink)

A moral core places ethical considerations superior to business interest. This core must include voluntary prescriptions in various forms to “buy higher, sell lower.” International business ethics must somehow address the tradeoff between corporate financial and stakeholder interests. Corporation codes of conduct generally do not define a moral core. Corporate citizenship is typically strategic investment in markets and reputation. There are two practical paths for formulating a moral core. One path is civil lawsuits against multinationals that, successful or not, increase (...) corporate moral sensitivity. The other path is evolution of multilateral codes of conductembedding negotiated norms for guidance of corporate behavior. Four key cases illustrate: (1) World Bank approach for combating corruption in Chad; (2) a lawsuit against Unocal alleging human rights abuses by Myanmar; (3) a lawsuit against ChevronTexaco alleging environmental and community damages in Ecuadorian Amazonia; and (4) demand by developing countries for relaxing intellectual property rights. (shrink)

Ethics in Public Policy and Management: A global research companion showcases the latest research from established and newly emerging scholars in the fields of public management and ethics. This collection examines the profound changes of the last 25 years, including the rise of New Public Management, New Public Governance and Public Value; how these have altered practitioners' delivery of public services; and how academics think about those services. Drawing on research from a broad range of disciplines, Ethics in Public Policy (...) and Management looks to reflect on this changing landscape. With contributions from Asia, Australasia, Europe and the USA, the collection is grouped into five main themes: theorising the practice of ethics; understanding and combating corruption; managing integrity; ethics across boundaries; expanding ethical policy domains. This volume will prove thought-provoking for educators, administrators, policy makers and researchers across the fields of public management, public administration and ethics. (shrink)

Purpose The purpose of this study is to investigate Libyan journalists’ perspectives regarding the media laws Articles 37,132, 38 and 46, which address media freedom in the new Libyan Constitution of 2017. Design/methodology/approach Focus group discussions were done with 35 Libyan journalists, 12 of them from the Constitution Committee, while 23 of them reported the update of the constitution in the Libyan Parliament. Findings The results of the study indicated that there were media laws articles that did not conform to (...) the international laws and United Nations treaties, which the Libyan Parliament committee approved. Another finding from the journalists was the Constitution should provide and guarantee press freedom, while media laws articles approved to put a paragraph about “censorship” in the press and media as a tool to silence government opposition. In addition, journalists indicated future constitution should redraft Article 38 to conform with Article 19 of the “International Covenant on Civil and Political Rights,” to support the “principles of freedom of expression and information” without control. Moreover, Article 46 needs to be changed and linked to the “provisions of international law on the right of information access” to improve the access and dissemination of information in the media. Practical implications Redrafting the constitution articles in the future can be summarised as follows: First, the Libyan Constitution should provide and guarantee press freedom without any censorship and include clear articles to protect journalists in conflict zones. Second, Articles 37,132 and 38, about “freedom of information and publication,” need to be redrafted to link with Article 19 of the “International Covenant on Civil and Political Rights,” to support the principles of freedom of expression and information, and the use of this right must not be subject to prior control. Third, Article 46 needs to be changed and linked to the provisions of “International law on the Right of Access to Information” to improve access and dissemination of information in the media to protect confidentiality sources. The most important articles should be implemented because after the Arab Spring revolutions, there was a transitional period in societies and a change in the constitutions of Tunisia and Egypt. They developed legal articles about media freedom so that Libya resembles other Arab countries. From that point, the journalists recommended that all information should be protected from government interference to ensure transparency, combat corruption and protect independent journalists. These articles will open the way to add more development articles to media freedom rules in the Journalists’ Syndicate. Fourth, there are also various types of threats encountered by journalists in their work. In pursuit of their right and freedom of expression, they recommended that Libya must establish an independent self-regulatory media that are free from political and economic influence. Fifth, journalists need licenses for them to work through the syndicate. The new syndicate should play an active role to safeguard the rights of journalists, activists and media entities to carry out their work and end the self-censorship. Sixth, the constitution should also add articles to end the impunity and change the articles in the penal code. Overall, the journalists covering the conflict and war are encountering threats, violence and imprisonment. As a result, Libyan journalists must seek new legislation to defend independent journalism and freedom of expression in their deeply divided country. In addition, they need to have a strong central authority to defend journalists and journalism in wartime, where journalists are regularly threatened, abducted and sometimes killed. Also, the Libyan Journalists Syndicate should stress the importance of the media’s self-regulation to guarantee their rights to freedom of expression, grant their readers’ respect and minimise government’s interference. Finally, they need to develop new laws to grant media freedom from regulations and restrictions, as well as defend and promote democracy, the citizens’ right to be informed, as well as their right to discuss and disseminate information. There is also the need to implement articles in the constitution, articles about the protection of political speech, which would be specific enough to differentiate between what is legally permitted and what may be ethically offensive. Originality/value This study will help the new Libyan parliament after the legislative elections on 24 December 2021 to amend the media laws articles in the constitution. (shrink)

The political system of Berne during the enlightenment era was dominated by landowning patricians who represented a “republican type of gentry.” These landowners promoted agriculture, traded in grain, wood, wine, invested in cottage industries, and also were involved in foreign military service. In the debates about republican political economy in the 1760s, there was a cleavage within the Bernese aristocracy. On one side, conservatives defended the mercenary service as part of existing political obligations, above all towards France. Against this, the (...) Economic Patriots combated corrupting influences from abroad and censured military service. Socio-moralistic principles, condensed in the term “civic virtue,” ranked higher in the patriots’ eyes than economic or political interests; in a virtuous and frugal republic, there should have been no place for mercenaries. The paper reconstructs these arguments over key decades in the eighteenth century. (shrink)

Corrupt, unethical and imprudent practices in the global banking sector have been identified as among the causes of the Global Financial Crisis. In this paper I provide an analysis of institutional corruption that enables institutional corruption within the global banking sector to be viewed in relation to economic injustice, and demarcated from the unfortunate consequences of unavoidably risky market-based activity, poor judgment, ill-informed policy-making etc.; argue for an understanding of and response to institutional corruption in the global (...) banking sector that is holistic i.e., focuses on institutional purpose, industry structure and banking culture rather than simply structure or culture; and argue for an account of moral responsibility for corruption and economic injustice in the global banking sector, and for combating it, in terms of meta-collective responsibility, a specific notion of collective moral responsibility that does not allow individual human actors to evade responsibility. (shrink)