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Many readers have seen Piers Plowman as a poem of crisis, a poem that fractures under the weight of its own ambivalence. I argue here that the demonic ambiguity of debt offers a plausible explanation of the conflicting impulses at work in this text. For Langland, monetary exchange, along with the careful accounting practices it demands, as long as it is conducted honestly and fairly, serves as a metaphor of penitential exchange, not paradoxically, not in spite of its corrupting power, but because it is conducive to balance and order, to the practice of virtue and the ethical habits of self-regulation required for true and effective penance. On the other hand, for Langland, the unpayable and infinitely reproducible nature of debt, manifest precisely in the ascesis instituted by grace, produces a troubling limitlessness. The ascesis of debt is, in this way, self-undermining. The debt that cannot be repaid correlates to needs that cannot be measured, and thus to desires that cannot be checked and boundaries that cannot be known.
Details the investigation of the Ukraine scandal by the House of Representatives, the decision to impeach Trump, and the debates over the nature and scope of the articles of impeachment.
The article aims to provide a comprehensive theoretical and practical analysis of the issues in the legal regulation of corruption prevention, study the state of the fight against corruption and the legalization of proceeds of corruption-related crimes under martial law, determine new corruption risks during a war, and suggest recommendations for their minimization. The authors of this article established the main problems that cause the emergence and spread of corruption in society and ways to overcome this phenomenon. The study’s results established that independent anti-corruption agencies and authorized law enforcement agencies have continued preventive and law enforcement activities even under war conditions, their purpose being to ensure the normal State functioning, the country’s defence capacity, and society’s security. In law-making and law enforcement activities, this research work can help to improve international relations between Ukraine and foreign countries in the context of the development of bilateral relations regarding the provision of assistance to Ukraine for post-war recovery, the attraction of investment, the fight against corruption, and possible accession to the European Union.
Though the Islamic waqf is defunct, the Middle East now features modern organizations known also as waqfs. The modern waqf is essentially a philanthropic or charitable corporation. It is self-governing and has a perpetual existence. Along with other autonomous nongovernmental organizations known under different names, the modern waqf provides the institutional basis for a vigorous civil society. Yet across the Middle East civil society remains weak. This is due to two factors, both legacies of the Islamic waqf. First, a century is a short time to develop the civic skills that the Islamic waqf left uncultivated for a millennium. The region is still learning how to build politically effective NGOs. And second, the anemic civic life engendered by the Islamic waqf provided fertile ground for the repressive regimes of modern times. The region’s autocracies try systematically to keep civil society politically weak. From the standpoint of liberalization, a hopeful sign is that the region’s current NGOs, unless captured by the state, are serving as founts of civic education. Promoting a culture of bargaining and compromise, they are teaching how to communicate ideas and form coalitions.
Bribery for access to public goods and services remains a widespread and seemingly innocuous practice which disproportionately targets the poor and helps keep them poor. Furthermore, its aggregate effects erode the legitimacy of government institutions and their capacity to fairly administer public goods and services as well as protection under the law. Drawing on original evidence using social norms methodology, this research tests underlying beliefs and expectations which sustain persistent forms of bribery and draws attention to the presence of pluralistic ignorance and consequent collective action problems. With examples focused on bribery in traffic law enforcement, healthcare, and education—three critical areas where bribery is often identified as an entrenched practice—this article contributes new evidence of: (a) the presence of pluralistic ignorance, a common social comparison error, surrounding bribery behavior; (b) differing social evaluations of bribe-solicitation; and finally, (c) how this context might exacerbate collective action problems. This empirical case study of Nigeria shows that even though more people are likely to be directly affected by bribery during routine interactions with public officials and institutions and many believe this practice is wrong, most people incorrectly believe that others in their community tolerate or even accept bribery behavior.
Discusses the origins of the Armstrongs and Vickers firms and their shifts into armament production. In trying to make domestic sales Armstrongs and Vickers encountered three main challenges in dealing with the British Government. First, the primacy of laissez-faire ideology within the Government, especially in the Treasury and the Foreign Office and Diplomatic Service. Second, the class prejudices of the southern elite dominating the British Government. The governing elite’s distain for trade made it difficult for armament firms to get any help, though the Admiralty and sometimes the War Office needed their products and so dealt with them. Third, departments such as the Foreign Office and Diplomatic Service were disinclined to deal with trade, preferring to focus on high politics. In response, Armstrongs and Vickers developed strategies for the domestic and international markets: building and maintaining relationships with British elites, including through exchanging personnel with the government and supplying intelligence; building and maintaining relationships with foreign elites, including using agents for diplomacy, and bribes to facilitate sales; excluding competitors from the domestic market; if exclusion failed, then cooperating and colluding with other armament firms; diversifying when sales were scarce; providing finance to secure international sales; and innovating to generate sales.
Over the century considered here there were two overriding problems for Armstrongs and Vickers in doing business with the Ottoman Empire. First, the Empire’s constant indebtedness; they always needed loans to buy weaponry and had a habit of falling behind in payments. Second, the British Government followed its own diktats and would annoy the Ottoman rulers. Therefore Armstrongs– and later Vickers– despite pursuing independent policies, were often disadvantaged by being seen as British firms, showing the limitations of the firms’ independent diplomacy and marketing. Armstrongs through its alliance with Ansaldo– accidentally– discovered a route around the problem of guilt by association, and for a short time profited handsomely from that strategy. Having battled with Germany to secure plum contracts, on the eve of the Great War the British Government thwarted Turkey by commandeering the Sultan Osman I and the Reshadieh dreadnoughts built by Armstrongs and Vickers. This affected relations with Turkey until she joined the Allies in World War Two, after which she got British Export Credits. Postwar Turkey was granted American military aid, closing the market to Vickers-Armstrongs.
British armament firms operating in Latin America and elsewhere got very little help from their home government; they were on their own. They were also operating in very changeable political conditions, with many states in the region experiencing regular internal power shifts, including naval revolts and coups. There was also a lot of interstate rivalry, presenting many sales opportunities. The inhibitor to making arms sales was Latin American indebtedness. States needed loans to buy weapons but also often defaulted on them. Bribery was also a necessary lubricant of trade in the region. The Latin American market was therefore an exhilarating mix of risk and reward for Armstrongs and Vickers. Sales began in the 1880s with a controversy over the Chilean Esmeralda when war broke out with Peru. The British Government detained the ship, though Armstrongs had broken no rules. Argentina, Brazil, Chile and Peru all became important Armstrongs’ and Vickers’ customers until the Great War saw the firms focus on British needs, ceding the market to America. There were few British armament sales in the interwar years. After the Second World War Vickers-Armstrongs and the British Government worked together on arms sales, ignoring the “Gentleman’s Agreement” with America.
Adaptation by
Adrian Evans, Monash University, Victoria,Richard Wu, The University of Hong Kong,Shenjian Xu, China University of Political Science and Law, Beijing
The common types of poor lawyering include bribery, receiving private fees, forgery, theft of clients’ money and obtaining property by deception, all with themes of greed and laziness. But there are also failures of lawyers’ regulation not just of lawyers’ character, with little discipline of the largest law firms involved in corporate scandals. Choosing a ‘good’ law firm is therefore important for all law students’ futures, and it is important to ask firms about many issues, including their attitude to pro bono work and whether they have a written policy on handling ethical issues. More fundamentally, if the public interest in ‘good’ lawyering is to be supported across Greater China, then better legal ethics education is central to change and social stability. This chapter examines key procedural rules about investigating lawyer misconduct in each of the PRC, Hong Kong and Taiwan, and provides the different definitions of what is misconduct, lists of penalties, details of complaints processes, reviews and appeals. Finally, we set out a table of key ethical rules affecting legal professional conduct in each of the Pthree jurisdictions, including those related to fees and costs.
The emergence of multijurisdictional anti-bribery actions presents a substantial challenge to multinational corporations (MNCs). Multiple sovereigns have the jurisdiction to pursue criminal enforcement action against the same entity for the same underlying bribery. The existing legal framework is not sufficient for addressing this global challenge. The difference between theories of double jeopardy and judicial practices across sovereigns complicates multinationals’ strategic designs of their compliance programmes. A global settlement regime would help in efficiently using precious judicial resources and incentivize MNCs to self-disclose in furtherance of their cooperation.
A robust global legal regime holds business firms accountable for engaging in corruption. This chapter explicates that regime. This chapter also puts forth a business case for not engaging in corruption. Corruption imposes real costs on businesses, and degrades the quantity and quality of relationships into which they might enter. The chapter concludes with a discussion of measures that all businesses should take to mitigate the likelihood that persons associated with them will engage in corruption. Before discussing any of these topics, however, this chapter first discusses the definition of corruption and describes the harms corruption inflicts.
How can we make sure that states do not only sign international anti-corruption conventions, but also comply with them once the ink has dried? Peer review among states offers one answer to this question. This article develops a theoretical framework to study the different processes and mechanisms through which peer reviews can contribute to state compliance. It focuses on three processes: transparency, pressure, and learning. The article subsequently applies this framework to the OECD Working Group on Bribery (WGB) in order to identify how far participants in this peer review perceive the WGB as capable of organising these processes, and to what extent they consider these processes relevant for promoting state compliance. Data come from an online survey (74 observations) and 17 in-depth interviews. The findings reveal that this peer review exercise is perceived as effective in creating transparency about state behaviour, mobilising pressure, and stimulating learning. However, the extent to which these processes can promote compliance is more limited. For these processes to work, political will is crucial.
Compared to universal jurisdiction, active nationality jurisdiction remains one of the least understood and written about forms of extraterritorial criminal jurisdiction. This article seeks to offer a normative account of the exercise of criminal jurisdiction by states over their nationals for crimes committed abroad such as sexual offences against minors, bribery of foreign public officials, or medical “circumvention” tourism. It highlights all of the reasons that militate against such assertions of jurisdiction as a matter of policy and law. It goes on to argue that the assertion of criminal jurisdiction over nationals for crimes committed abroad must be understood beyond its permissibility under international law as a modality that manifests the interests of the state of nationality, the territorial (host) state on occasion, the relevant individuals, and, increasingly, the international community.
Why has China grown so fast for so long despite vast corruption? In China's Gilded Age, Yuen Yuen Ang maintains that all corruption is harmful, but not all types of corruption hurt growth. Ang unbundles corruption into four varieties: petty theft, grand theft, speed money, and access money. While the first three types impede growth, access money - elite exchanges of power and profit - cuts both ways: it stimulates investment and growth but produces serious risks for the economy and political system. Since market opening, corruption in China has evolved toward access money. Using a range of data sources, the author explains the evolution of Chinese corruption, how it differs from the West and other developing countries, and how Xi's anti-corruption campaign could affect growth and governance. In this formidable yet accessible book, Ang challenges one-dimensional measures of corruption. By unbundling the problem and adopting a comparative-historical lens, she reveals that the rise of capitalism was not accompanied by the eradication of corruption, but rather by its evolution from thuggery and theft to access money. In doing so, she changes the way we think about corruption and capitalism, not only in China but around the world.
This chapter first provides a broad definition of corruption and discusses why it is so toxic to effective governance. We then address how corruption has emerged as a key issue in the development process after being ignored for many decades. We explore the ways in which, without proper vigilance, government and corruption can become intertwined and feed off each other, destroying the foundations of human prosperity and the very purpose of governance. Existing efforts to tackle corruption at the national, regional and global levels are reviewed, and additional ways forward, particularly as regards the role of economic policies in developing the right sorts of incentives and institutions to reduce the incidence of corruption, are presented. Finally, proposals are put forth for the establishment of an International Anticorruption Court (IACC) to greatly strengthen and better implement a range of legal instruments that are already in place, but that have had limited success in checking the growth of multiple forms of corruption across the planet – affecting developing and developed countries alike. The setting up of an IACC is seen as a necessary adjunct to existing tools to check the spread of what many now regard as a global epidemic.
In the late eighteenth century, Swiss Cantons had been ruled by privilege, inequality, and conflicts; yet thirty years later a modern political nation was born that quickly caught up with developed England. Was this an internally-driven miracle or the most successful improvement in governance known in history following an external intervention? Chapter 1 deconstructs the transformation of Switzerland during the French Revolution and Empire, to inquire why a similar Napoleonic ambition seems to have met with less success in our own times.
The protection of foreign investment by treaties often clashes with the State's sovereign right to investigate economic crimes committed by investors. This article examines the different approaches taken by tribunals to questions concerning admissibility and jurisdiction, applicable law, the standard of review, the burden and standard of proof and deference to actions taken by domestic courts and regulators related to economic crimes. It concludes that investors should not automatically be deprived of treaty protections and their access to investment arbitration blocked. The arbitration agreement, being autonomous from the main contract (or the relevant treaty), should, as a rule, remain valid even if the conduct of investors is tainted by economic crimes. The article calls on investment tribunals to reflect in their awards on the contributory fault of the parties when representatives of States and investors are both complicit in economic crimes. To achieve greater legal certainty and procedural efficiency, a new generation of investment treaties and the practice of investment tribunals should draw on not only applicable domestic law but also existing sources of international law concerning economic crimes or national best practice.
Criminal violence differs from other conflicts because illegal cartels primarily use violence to eliminate rivals rather than overthrow the state. However, politicians’ ability to influence cartel behavior remains unclear. This article argues that politicians alter the use of violence by setting their jurisdiction’s police enforcement levels, but that cartels can bribe politicians to look the other way. Because cartels are uncertain about politicians’ corruptibility, not every bribe is successful. Following an election, cartels must invest resources into learning politicians’ level of corruption. Cartels only increase their level of violence after successfully bribing political leaders, which implies that local violence levels should increase the longer parties remain in office. The study formalizes this argument and tests its implications using data on homicides and political tenure from Mexico. The results link incumbency to violence and suggest Mexico experiences an additional 948 homicides for each year of increased political tenure after holding an election.
Four recent books, taken together, offer a wealth of important insights on how we might effectively tackle corruption. All of the books’ authors agree that there is something akin to a universal understanding of what corruption is, and all dispute the idea that corruption may simply be in the eye of the beholder. However, there are also sharp disagreements—for example over whether corruption is best eliminated from the top down, or whether bottom-up approaches are more effective. If the books share one weakness, it is that they do not sufficiently emphasize the importance of getting people to believe and feel that they have fair opportunities for good lives, even after institutional and legal reforms are made. Tackling corruption involves taking seriously the substantive link between actual fair treatment and the belief that fair treatment prevails. This will require further research examining how to shift and update people’s deeply held sentiments.
International human rights law may serve as a language through which lawyers and others describe the harms resulting from corruption, but this approach has significant limitations as a legal framework. Despite a growing emphasis among scholars and practitioners on a human rights approach to the problem of corruption, this body of law does not provide a strong basis for addressing such conduct. International human rights treaties make no mention of corruption, and human rights treaty bodies have not brought conceptual clarity to the question of how corruption violates or undermines human rights. Given that human rights law binds States alone, it is also ill-suited to a phenomenon that typically occurs at the intersection of the public and private sectors. Even as a language for describing how corruption harms social and economic rights, human rights law has its limitations, some of which come into relief when compared with the field of development economics.