Download Captured by Evil: The Idea of Corruption in Law by Laura S. Underkuffler PDF

By Laura S. Underkuffler

ISBN-10: 0300173148

ISBN-13: 9780300173147

One of the main robust phrases within the English language, "corruption" is additionally the most ideas in legislations. based on Laura Underkuffler, it's a idea in accordance with religiously printed rules of fine and evil. however the inspiration of corruption defies the standard different types wherein legislations defines crimes—categories that punish acts, no longer personality, and that eschew punishment at the foundation of faith and emotion. Drawing on modern examples—including former assemblywoman Diane Gordon and previous governor Rod Blagojevich—Underkuffler explores the results and risks of keeping such an archaic notion on the center of felony law.

"Underkuffler demanding situations the conventional rational and logical characterizations of corruption and defends a hugely unique and insightul notion. In her view corruption is an emotional notion grounded in non secular rules defying conventional felony legislation doctrines. This booklet is a ravishing contribution to the research of corruption in addition to extra quite often to the examine of legislation and culture."—Alon Harel, Hebrew collage legislation School

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Interests,”70 then this public-­interest theory has advanced us little. As so imagined, the public interest has no necessary grounding in or congruence with any moral notion, something that we have identified as important to articulating the corrupt core. ”71 If we understand “the public interest” to be some kind of transcendent notion, then the problem of moral invocation or moral grounding is solved. ) It is perhaps because of this problem that analysts who utilize a public-­interest theory of corruption rarely consider, in any depth, what that public interest is.

There is a working conception, entwined with this theory, that “abuse of power” (as defined above) is bad, and identifiable for that reason.  .  .  . ”87 In addition, and most interestingly, there is a normative dimension to the idea of abuse of power that this theory introduces.  . ”89 This theory’s focus on an institutional setting, in which an inherently powerful individual abuses her power through “use[] of force,”90 invokes substantive ideas of oppression, overreaching, and otherwise undesirable power arrangements.

10 This invitation to invoke ideas of morality would seem odd, if we think of corruption as involving (only) particular, specified acts. It is not odd, if we understand corruption to involve, at its core, a deep (and unspecified) moral wrong. The idea of bribery and other public corruption as morally depraved or “evil” has a long historical pedigree. As John Noonan has observed, “ ‘[M]oral opprobrium toward bribery is nothing new.

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