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)

The paper explores some normative challenges concerning the integration of Machine Learning (ML) algorithms into anticorruption in public institutions. The challenges emerge from the tensions between an approach treating ML algorithms as allies to an exclusively legalistic conception of anticorruption and an approach seeing them within an institutional ethics of office accountability. We explore two main challenges. One concerns the variable opacity of some ML algorithms, which may affect public officeholders’ capacity to account for institutional processes relying upon (...) ML techniques. The other pinpoints the risk that automating certain institutional processes may weaken officeholders’ direct engagement to take forward-looking responsibility for the working of their institution. We discuss why both challenges matter to see how ML algorithms may enhance (and not hinder) institutional answerability practices. (shrink)

Anticorruption regulators delegate to organizations part of the responsibility for deterring corruption in the form of ethics and compliance programs (ECPs), also referred to as compliance programs, ethics programs, and integrity programs. From this anticorruption perspective, organizations are expected to design and implement programs that comply with general criteria established by regulators to achieve a specific social goal—reducing corruption. This integrative review examines how different communities of practice analyze ECPs in their role as anticorruption mechanisms. Based on (...) a conceptualization of ECP derived from theories of regulation, the review integrates the fragmented literature at the intersection of ECPs and corruption and uncovers connections across communities of practice to propose new insights and research directions. To achieve this objective, the review proposes a process-oriented anticorruption multi-level integrative framework that (1) situates ECPs in the anticorruption process that originated them and (2) identifies the areas where cross-fertilization of ideas from different communities of practice can contribute to redirecting future research. The review concludes with a research agenda that can help advance knowledge applicable to ECPs as anticorruption mechanisms and to other self-regulatory initiatives against grand societal challenges. (shrink)

Manuscript type Empirical. Research question/issue This paper aims to contribute to an improved theoretical and empirical understanding of the role that corporation has to play in anticorruption efforts. Research findings/insights Using cross-country data from three databases (Bribe Payers Index, Corruption Perceptions Index, and Doing Business) we found that pro-bribery Investment Climate conditions in host countries are not related to the payments of bribes by multinational companies when these corporations operate abroad. Theoretical/academic implications After describing the conceptual and policy framework (...) that surrounds the discussion on the role played by firms in anticorruption, we present the current debate regarding the effectiveness of international bribery control instruments, with the World Bank-GAC (2006-2008) report as a basis. Both literature and policy seem to be divided into two main, although not mutually exclusive, positions: one demands improvements in Investment Climate conditions from a joint public-private consensus led by international agencies; the other one supports the effectiveness of self-regulation by firms, independent of Investment Climate improvements. The study provides empirical support to the idea that a better Investment Climate is not enough for reducing corrup tion. Practitioner/policy implications This study offers insights to policy makers interested in promoting the involvement of corporations in the fight against corruption. (shrink)

In the late twentieth century constitution-designers came to understand that, in addition to the three classic Montesquiean functions of law-making, law-applying, and law-interpreting, constitutional institutions had to perform an additional function, that of protecting the constitution itself. That function is performed by constitutional courts, but also by agencies concerned with elections and with corruption. A case study of an important anti-corruption inquiry in South Africa illustrates the proposition that institutions protecting the constitution must combine independence from other political actors with (...) some degree of accountability to them. Following the case study, the Article examines some general characteristics of these institutions, sketching some of the questions about independence and accountability that constitution-designers must consider. Among those questions are the possibility of too much independence, with the institutions having a greater impact on political outcomes than is appropriate, too much responsiveness to non-political but professional concerns such as legality and the details of accounting conventions, and of course too much accountability to the very political institutions that these agencies are designed to regulate. Throughout the Article emphasizes the role of conflicts of interest both in setting the agenda for these agencies and in posing the risk that the agencies will undermine rather than protect the constitution. (shrink)

Moving toward a possible transatlantic free trade area (TAFTA), the European Union (EU) and the United States reached an accord in December 1995 to collaborate on 150 policy issues. Regional market integration arrangements involve the acceptance of international policy regimes defining conditions for cooperation and harmonization. Because multinational enterprises (MNEs) will likely increase in size and global scope, regional and global regime development efforts for defining corporate social responsibility and performance norms will be needed. In light of these trends, this (...) article focuses on a case study of an emerging, global anticorruption norm among countries of diverse cultures, interests, and values. Although, historically, a norm against the bribery of domestic public officials has been virtually universal, there was little prohibition against bribery by business of foreign public officials. Regionally adopted anticorruption norms require national implementation and enforcement, and they must operate globally to be effective. Implications for other norms are considered. (shrink)

The academic literature has viewed drivers of corruption in isolation and, consequently, failed to examine their synergistic effect. Such an isolated view provides incomplete information, leads to a misleading conclusion, and causes great difficulty in curbing corruption. This paper conducts a systematic literature review to identify the drivers of corruption in the construction industry. Subsequently, it develops a system dynamics (SD) model by conceptualizing corruption as a complex system of interacting drivers. Building on stakeholder and open systems theories, the proposed (...) SD model shows how the complex reinforcing relationship between authoritative, organizational, cultural, and financial drivers of corruption further increases corrupt practices. The new model also provides lessons that can be helpful in the development of policy frameworks to control corruption in the construction industry. To achieve success in the fight against corruption, the findings of this research suggest that (1) corruption must be understood at both the organizational and state levels, (2) anticorruption practices must be informed by ethically grounded stakeholder management strategies, and (3) anticorruption reforms must go hand-in-hand with strategies to tackle the economic downturn. (shrink)

Niche parties have been increasingly successful during the last 30 years and have accordingly received a lot of scholarly attention. So far most of the focus has been on Green and radical right parties, and to a more limited extent, regional parties. In this paper I analyze the electoral fates and policy outcomes of another type of niche party, namely those focusing on anti-corruption, whose successes culminated during the 2000s. The study is limited to all new parties campaigning on the (...) issue of anti-corruption in Central and Eastern Europe since the fall of the Berlin wall and the questions to be answered are: To what extent are these parties successful in obtaining relevant positions in the government so that they are able to effectively fight corruption? What impact do they have on anti-corruption measures, thereby influencing the level of corruption? How successful are these parties in the elections that follow? In short, to what extent do anticorruption parties matter? Apart from electoral and governmental data, the analysis is based on the Freedom House Nation in Transit annual reports, in which one section deals with the efforts to curb corruption. The results are rather mixed, but indicate that the more influential positions the anti-corruption parties (ACPs) have in government, the better are their anti-corruption performances. That implies that they are serious and competent enough to tackle those issues, despite their newness and lack of experience. Not surprisingly, the incumbent ACPs fare worse than those in opposition in subsequent elections, but quite a few still remain popular. Finally, all but one party abandoned their anti-corruption rhetoric in their second election, which implies that anti-corruption is a different type of issue, compared to the ones used by previous niche parties. (shrink)

An increasing number of global policy regimes are intended to influence international business practices, but their effectiveness is uncertain. This article presents a conceptual framework for understanding the effectiveness of regimes, with seven propositions. The case of the evolving global anticorruption regime is described and used to test the propositions. Two key conclusions are (a) the difficulty of the problem being addressed is a key factor in limiting regime effectiveness and (b) this problem, as well as others, can be (...) addressed in part by careful development of formal regime policies. Implications for scholarship and practice are presented. (shrink)

The dominant academic paradigm and the main inspiration of anticorruption policies is the economic theory of corruption, according to which anticorruption policies should be focused on raising the costs associated with corrupt behavior. In this article, I provide three reasons to explain why anticorruption interventions in organizations inspired by the economic theory of corruption frequently fail. I contribute to the current literature by integrating the literature on constructive deviance, on personality psychology, and on managerial biases in ethical (...) decision-making into the study of corruption and into the design and implementation of anticorruption interventions. Research propositions are advanced. Research and practice implications are discussed. (shrink)

In 1972 Angela Davis stood trial on charges of conspiracy, kidnapping, and murder before a White jury. A professor of philosophy, a Communist, and a member of the Black Panther Party, she had no reason to believe that any of the jurors were her peers. Yet, after three days of deliberation, they returned a Not Guilty verdict on each of the counts. Through an analysis of the case, this essay argues for a new approach to peerhood that defines it as (...) a combination of (1) demographic similarities to the defendant and (2) a worldview orientation of contestation and anticorruption that emerges from the jury’s function in the trial. Greater clarity on how these factors are important for peerhood provides insights into how jurors can best fulfill their role and what remedies are necessary to achieve a jury of one’s peers. (shrink)

Are federal prosecutions of non-federal officials for corruption likely to improve non-federal government? This essay suggests that such prosecutions can undermine the distinctive style of democracy at the state and local level, an effect that can be harmful to democracy in America overall. This conclusion rests on a larger argument about the different nature of federal and non-federal democracy in the United States. To insure that each official maintains impartial loyalty to values defined by a single, popularly accountable policymaker, the (...) federal system of bureaucratic populism strictly separates the officials’ public and private interests, through various devices such as civil service protection for executive officials, Article III life tenure, and fixed salary for federal judges, specialized training for federal officers, and conflict-of-interest rules that bar federal officers from acting when their judgment could be compromised by private interests. By contrast, participatory populism rejects this separation of the public and private spheres, instead mixing professional and lay decision-making by using thousands of part-time, under-paid executive and legislative officers who are expected to have substantial private interests in the communities that they represent. The essay argues that each style of democracy has mutually exclusive advantages and disadvantages. However, enforcement of federal anticorruption law against non-federal democracies can undermine their system of mingled private and public interests, reducing the degree to which such governments can provide laypersons with opportunities for political activity. As an illustration of the overextension of federal criminal law, I examine the First Circuit’s interpretation of 18 U.S.C. §§ 1341 and 1346, the federal mail fraud statute in United States v. Sawyer. Sawyer comes dangerously close to declaring that any undisclosed state or local officer’s conflict of interest constitutes a violation of § 1346 when it involves the U.S. mails. I argue that this view of § 1346 is an error. Participatory populism requires that private and public tasks be closely mingled in ways that bureaucratic populism forbids. Undoubtedly, this mixture of public and private creates a risk that public office will be used for private gain. However, it also avoids some of the bureaucratic sclerosis and lack of lay participation that can be endemic to the more centralized federal tradition. In conclusion, I suggest that federal prosecutors ought to content themselves with using § 1346 to enforce already-existing state criminal conflict-of-interest rules, for the sake of preserving a place in our federal regime for participatory populism. (shrink)

Anti-bribery and corruption in sport governing bodies is a little explored area in academic literature. This paper addresses the gap in the literature through expert perceptions on the current state of anti-bribery and corruption policies in international and national sport governing bodies as seen through an ethical climate theory lens. Thus, this paper addresses the question of how and why enhancing anti-bribery and corruption in sport internal controls can mitigate financial corruption and improve ethical climates. Semi-structured interviews were undertaken with (...) 17 forensic accountants and anticorruption experts to garner their opinion on strengths and weaknesses of current policies in sport governing bodies and ascertain the link between anticorruption, accounting controls, and ethical climates. The transcripts were analysed using thematic analysis and the results showed a consistency of opinion with regards to the policy improvements required for a robust anti-bribery and corruption programme within sport governing bodies, with multiple implications for ethical organisational climates. (shrink)

Has there already been a Grotian Moment for corruption? If not, what would it take for new legal rules and doctrines on corruption to crystallise? This article seeks to answer these two questions by reviewing the relevant history of international legal scholarship, the current public international law framework for anticorruption, and recent developments in international legal practice. We conclude that a Grotian Moment may have been reached for a narrow concept of corruption, focused on petty corruption and bribery, with (...) the proliferation of international anticorruption law following the Cold War. However, a Grotian Moment for a broadened understanding of corruption, based on other forms such as institutional, political, and grand corruption, ought to emerge to comprehensively address all forms of corruption. Given the range of challenges, including resistance from political elites and the indeterminacy of criminal liability, a Grotian Moment for a broadened concept of corruption remains improbable. (shrink)

"This book discusses political corruption and anticorruption as a matter of a public ethics of office. It shows how political corruption is the Trojan horse that undermines public institutions from within via the interrelated action of the officeholders. Even well-designed and legitimate institutions may go off track if the officeholders fail to uphold by their conduct a public ethics of office accountability. Most current discussions of what political corruption is and why it is wrong have concentrated either on explaining (...) and assessing it as a matter of an individual's corrupt character and motives or as a dysfunction of institutional procedures. The book investigates the common normative root of these two manifestations of political corruption as a relationally wrongful practice that consists in an unaccountable use of the power of office by the officeholders in public institutions. From this perspective, political corruption is an internal enemy of public institutions that can only be opposed by mobilizing the officeholders to engage in answerability practices. In this way, officeholders are responsible for working together to maintain an interactively just institutional system"--. (shrink)

Scholars and international organizations engaged in institutional reconstruction converge in recognizing political corruption as a cause or a consequence of conflicts. Anticorruption is thus generally considered a centrepiece of institutional reconstruction programmes. A common approach to anticorruption within this context aims primarily to counter the negative political, social, and economic effects of political corruption, or implement legal anticorruption standards and punitive measures. We offer a normative critical discussion of this approach, particularly when it is initiated and sustained (...) by external entities. We recast the focus from an outward to an inward perspective on institutional action and failure centred on the institutional interactions between officeholders. In so doing, we offer the normative tools to reconceptualize anticorruption in terms of an institutional ethics of ‘office accountability’ that draws on an institution’s internal resources of self-correction as per the officeholders’ interrelated work. (shrink)

The article presents political corruption as a problem of public ethics of institutions. It first explains the theory of institutional action that underlies the conception of political corruption as a deficit of “office accountability”. Having clarified the officeholders’ duties in their institutional capacity, it portrays political corruption as an “internal enemy” of public institutions. A discussion follows of the normative implications for an approach to anti-corruption based on the officeholders’ direct engagement.

This essay explores the possibility of universal values. Universal values do not exist as Platonic ideals nor do they exist in clearly defined lists of rules or laws. Rather, universal ethical claims are constructed through the actions of individual political leaders, scholars, and activists. This essay explores how such normative constructions take place. It uses an initiative undertaken by the UN Office of Drugs and Crime to further education around corruption as an example of how such universal values come into (...) existence. The initiative focused on developing teaching materials for higher education. The essay focuses on two particular modules, both their content and the process by which they were written. (shrink)

The Guide offers some ideas concerning readings, topics, and seminar prompts for a philosophy course on political corruption.