Political corruption and the role of public prosecutors in Italy

This paper analyzes the problem of political corruption in Italy and the role public prosecutors have played in unraveling such a phenomenon. The factors that have contributed to fostering systemic corruption as well as those that have contributed to uncovering such a system are given careful consideration. The most relevant conclusion is that whereas endogenous forces in the judiciary (prosecutors and judges) — in particular, its low level of institutional autonomy — have prevented it from containing corruption, exogenous forces — which have broken the conditions that had favoured the stability of the so-called first Republic — have led prosecutors to engage in massive investigations.This article is a revised version of the paper prepared for delivery at the 1994 Workshop on Corruption and Politics held at the Instituto Internacional de Sociologia Juridica, Onati (Spain), July 13–14, 1994. I am appreciative to Prof. Giuseppe Di Federico (University of Bologna) for his deep insights of this complex matter and for his very useful comments.     

The role of the judiciary in combating corruption: aiding and inhibiting factors in Nigeria

Based on empirical facts and research in socio-economic fields, it is consensually agreed among scholars that corruption is one of the greatest hindrances to the development of any country. As part of the efforts to combat the menace of corruption, laws and institutions have been put in place. Consequently, judges, by virtue of their position in society, have an important role to play to ensure the effectiveness of those laws and institutions. However, the Nigerian judiciary has failed to live up to its responsibility in its role of combating corruption in the country and is even itself accused of corruption. This article discusses the factors that are necessary to assist in building an effective, vibrant and corruption-free judiciary. Salient factors that hinder the judiciary in the performance of its role to combat corruption are highlighted. The article finally suggests the need to reform Nigeria’s judicial sector and to set in motion all the machinery necessary for the purpose of creating a formidable judiciary in the country.     

反“黑”特别司法制度研究

追求程序正义是我们时代的要求，一个国家的程序正义能否实现，关键看该国的刑事司法制度。保障人权，严格依法办案是刑事司法的基本原则。黑社会犯罪作为有组织犯罪的最高形态，世界各国深受其害，都在加强对此类犯罪的打击力度，然而，在加强“刑事司法的保护功能同时，又势必对刑事司法的保障功能带来不利影响”，真可谓“鱼与熊掌不可得……     

The foundations of electoral corruption in Japan

This article describes the sources of electoral corruption in postwar Japan, in particular the relationship between demand for political funds by politicians and its supply by corporate donors. The weakness of legal and political sanctions, it is argued, allows this relationship to continue. The article concludes by examining the possibilities and limitations of recent efforts to curb electoral corruption.     

The changing forms of corruption in China

Crime, Law and Social Change - China’s famed growth has created a paradox of huge proportions that is associated with how this development could happen despite the well documented issue of...     

论加强惩治和预防腐败制度体系建设

现阶段,我国处于经济转型时期,腐败的滋生蔓延,从根本上说还在于制度上的缺陷.因此,加强惩治和预防制度体系的建设是防腐于未然的根本途径.具体而言,就是要通过构建抑制腐败诱因、严格权力运作程序、及时有效监督、增大腐败成本等相关制度,切实加大惩治和预防腐败的力度,以期从源头上堵塞腐败发生的制度漏洞.     

The electoral consequences of corruption scandals in Spain

Previous studies of the electoral consequences of corruption in Spanish local elections (Jiménez Revista de Investigaciones Políticas y Sociológicas, 6(2):43–76, 2007; Fernández-Vázquez and Rivero 2011, Consecuencias electorales de la corrupción, 2003–2007. Estudios de Progreso, Fundación Alternativas; Costas et al. European Journal of Political Economy: 28(4):469-484, 2012) have found that voters do not necessarily punish corrupt mayors. As has been pointed out in the comparative literature, the average loss of electoral support by corrupt incumbents is small and does not prevent their reelection most of the times (Jiménez and Caínzos 2006, How far and why do corruption scandals cost votes? In Garrard, J. and Newell, J. (eds.) Scandals in past and contemporary politics. Manchester: Manchester University Press). What remains unsolved, however, is the remarkable variability in this pattern. This article explores some of the micro-level variables that may mediate the effect of corruption scandal on the votes. We focus on three factors: ideological closeness to the incumbent party, political sophistication, and employment status. Our results provide only partial support for our hypotheses, suggesting that the effects of corruption are much more complex than what may seem at first sight.     

The politics of conceptualizing corruption in reform China

It is significant to examine Chinese debates over corruption for several reasons. These debates confirm certain universal aspects of corruption that have been emphasized in the Western social science literature. They also suggest unique features of corruption that are useful for understanding the issue in the Chinese context. They further reveal how the conceptualization of corruption is politicized in the Chinese discourse,giving insight to the alignment of political and intellectual forces on the issue. Finally, Chinese analyses have heuristic values for general discussions of political corruption. This paper surveys Chinese debates over the definitions, sources, and consequences of corruption from the late 1980's to the late 1990's.     

Privatization in Argentina: The implications for corruption

The article analyzes the privatization program carried out under the Carlos Menem administration in Argentina between 1989 and 1995. It shows how, on many occasions, the divestiture of government-owned assets was often carried out within a very weak legal framework which, in turn, opened windows of opportunities for corrupt behavior and collusive practices involving high ranking government officials and private corporations. Based on their findings, the authors stress the crucial role that transparency plays for effective results to take place after government selloffs. Indeed, the Argentine case shows that there is a strong correlation between the legal and regulatory problems that often arise in the aftermath of state divestitures and privatizations that have been carried out hastily and under a cloud of corruption allegations.     

Combating corruption and the role of the judiciary in Nigeria: beyond rhetoric and crassness

The role of the judiciary in combating corruption in Nigeria cannot be overemphasised. However, its ability to combat corruption is a function of the legal and political mechanisms in place. In Nigeria, these mechanisms and their effectiveness in the anti-corruption fight remain thorny issues. The judiciary faces myriad of challenges, ranging from perceived corrupt practices by judicial officers, interference by politicians, and the adjudicatory system in Nigeria. However, we are of the view that the judiciary can perform its role in the anti-corruption fight if its efforts are adequately complemented by legislation.     

Facilitating corruption and human rights violations: the role of international financial institutions

The connection between corruption and the suppression of human rights has been recognized by scholars of human rights, state and state-corporate crime, non-governmental organizations, the United Nations as well as various governments. Scrutiny of governmental and/or regime corruption has been a primary focus, in relation to barriers and/or violations of human rights. Additionally, multinational companies’ complicity in corruptive policies and practices has raised concerns, in particular in the arms and natural resources sector. Glaringly absent, however, within the criminological literature are discussions of, and research on, the role of international financial institutions (IFIs) in relation to high levels of state corruption, save for the relatively little criminological research that has explored how cooperative endeavors between international financial institutions, transnational corporations, and states often result in demonstrably harmful activities as a result of structural adjustment policies. As such, it seems appropriate to consider how certain components and/or policies of IFIs facilitate rather than constrain corruptive practices by regimes, militias, paramilitaries, and transnational corporations. Such an exercise is not only important for its etiological contributions, but also to draw criminological attention to this phenomenon and because these organizations have stated a commitment to reducing state level corruption. I hope to extend the focus and insights of criminological analysis of crimes of globalization herein.     

The unknown depths of political theory: The case for a multidimensional concept of corruption

Defining corruption has proven to be such a difficult challenge that many contemporary analysts pass over the question as quickly as possible. But while definitions are too important to be dismissed as an analytical concern, a single one-dimensional definition that will satisfy all observers will never be found. Rather than proposing yet another definition, this article explores five dimensions of the concept: corruption as social decline, as deviant behavior, as a logic of exchange, as a system of measurable perceptions, and corruption as shadow politic. All help us view corruption within actual social settings; all lend further detail to the sorts of contrasts among concepts and usages that Arnold Heidenheimer explored in his work. In the end one of the most important aspects of the issue is that of trust, which not only helps us understand how corruption functions in actual cases but also underscores the reasons why we must continue to fight it.     

The role of firm and national level factors in fostering R&D cooperation: a cross country comparison

This paper explores the factors that affect firms’ propensity to engage in R&D cooperation using a CIS-3 sample of innovative firms located in seven European countries. It performs the analysis separately for the manufacturing and the service sectors in order to examine whether there are specific features that shape the service firms’ R&D cooperative behaviour in particular ways. Differences between the manufacturing and the service sectors in the cooperative behaviour of firms become much more evident once an appropriate structure of endogeneity is determined. We compare different countries because, so far, the empirical evidence produced comes from single countries or countries that are all quite homogeneous in terms of industrial structure. Instead, we consider also countries, such as transition economies, that have not been analyzed so far. We find that public subsidies positively affect firms’ propensity to engage in R&D cooperation in all countries, but they seem particularly important to enhance firms’ cooperativeness in the service sector. Implications for innovation policy are examined.