By Laura S. Underkuffler
ISBN-10: 0300173148
ISBN-13: 9780300173147
Read Online or Download Captured by Evil: The Idea of Corruption in Law PDF
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Additional resources for Captured by Evil: The Idea of Corruption in Law
Example text
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.