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Rethinking Corruption

Gofur, A; (2013) Rethinking Corruption. Doctoral thesis (PhD), UCL (University College London). Green open access

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Abstract

It is generally agreed by policymakers and scholars alike that corruption is a form of misconduct which merits criminalisation. But definitions of corruption vary widely and there is no consensus on what constitutes corruption. Theorising about corruption is therefore a valuable exercise because it promotes greater understanding of this important concept. For example, it enables us to clarify the issues for debates about criminalisation, it assists with fair labelling of wrongdoing, and it helps in establishing coherent penalty regimes through accurate identification of the harms involved in corruption. But in order to theorise about corruption, we must have a complete picture of the harm which results from such conduct, and this in turn requires us to identify the interests being set back and their relationship to the wrongdoing involved. The scholarship on corruption is defective in this respect because it fails to provide a complete account of the harm which results from corruption. The dominant bodies of non-legal literature tend to argue that corruption results in remote harms to public interests. They assume but fail to provide a detailed account of the primary and indirect harms suffered by those innocent actors who are not engaged in corruption. By contrast, the legal literature has tended to focus almost exclusively on the wrongdoing in corruption. But this approach is incomplete because it not only fails to acknowledge that corruption harms innocent actors by setting back their interests, it also fails to emphasise the connection between such harming and the wrongdoing which also results from corruption. This thesis addresses these omissions by articulating a coherent theory of the harm in corruption. Using a three-part analytical framework, it analyses a number of core cases of corruption, and uncovers the harm and wrongdoing caused by such conduct (particularly to those innocent actors who are not engaged in corruption).

Type: Thesis (Doctoral)
Qualification: PhD
Title: Rethinking Corruption
Open access status: An open access version is available from UCL Discovery
Language: English
UCL classification: UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/1389943
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