La nouvelle gestion publique et l'accroissement des marges de manœuvre : un terreau propice au développement de l'éthique?

Abstract: The administrative discretion of civil servants is a central topic in public administration literature. Some authors view it as necessary and beneficial, while other researchers see it is a source of widespread abuse. However, reforms inspired by the “new public management” taking place in a number of public administrations are promoting greater managerial flexibility. In parallel with these modernization initiatives directed at administration, scandals continue to shake politico‐administrative life, and ethical issues are increasingly at the heart of public action. It is within this context that we question the relationship between an increasing managerial discretion and the development of an ethics infrastructure. Which areas are at risk? Can ethics help overcome the potential abuses of power? How do managers perceive their ability to be flexible and the role of ethics in their work? How do you implement the ethical requirements developed in various standards documents? These are the principal themes addressed in this article that presents the findings of a qualitative case study conducted in a Quebec ministry in 2008–2009. Our results show that, contrary to what promoters of the new public management claim, managers have little, if any, discretionary power in matters of financial management. Their actions and decisions are strictly governed by hierarchical control mechanisms or a computer system. This explains in part why taking ownership of general principles and establishing an ethics infrastructure remain a formal process.     

Re-imagining crime prevention: controlling corporate crime?

While the discourses and practices of crime prevention are of increasing salience, few criminologists have sought the inclusion of corporate illegalities on such agendas. Relatedly, within criminology, there has been a diminished tendency to think in idealistic, utopian and emancipatory terms. This paper is one small attempt to think in precisely such terms.¹ But it is not an exercise in pure imagination. In particular, the paper makes extended reference to Finland, where recent experience suggests that corporate crime prevention may be feasible, under certain conditions, albeit subject to certain limitations. Thus we consider both the desirability and the feasibility of corporate crime prevention intruding upon the generally narrowly constructed terrain of ‘crime prevention’. We begin with a critique of some of the key aspects of crime prevention discourses – at both theoretical and practical levels – with a particular emphasis upon the extent to which these are both more appropriately and usefully applied to corporate crime prevention, before going on to discuss corporate crime prevention ‘in action’, through a focus upon recent developments in Finland. In a concluding section, we consider various aspects of both the desirability and feasibility of corporate crime prevention.