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Journal Cover Crime, Law and Social Change
  [SJR: 0.366]   [H-I: 27]   [421 followers]  Follow
    
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 1573-0751 - ISSN (Online) 0925-4994
   Published by Springer-Verlag Homepage  [2352 journals]
  • Pernicious custom' Corruption, culture, and the efficacy of
           anti-corruption campaigning in China
    • Authors: Tony C. Lee
      Abstract: This paper argues that using a legal approach to fight against corruption having a cultural root is unlikely to be effective. By analyzing the Eight-point Regulation, one of Xi Jinping’s anti-corruption measures, the present study shows that the efficacy of the Regulation is limited, notably when it comes to non-economic types of corruption. In fact, the Regulation does not halt the culture of gift giving, which is a common practice for the Chinese to establish guanxi (social connection) for potential or actual corruption. Based on the findings, this paper proposes complementary measures to curb corruption in addition to legal approaches.
      PubDate: 2017-11-09
      DOI: 10.1007/s10611-017-9735-x
       
  • National and regional instruments in securing the rule of law and human
           rights in the Nordic prisons
    • Authors: Tapio Lappi-Seppälä; Lauri Koskenniemi
      PubDate: 2017-11-09
      DOI: 10.1007/s10611-017-9723-1
       
  • Monitoring prisons in England and Wales: who ensures the fair treatment of
           prisoners'
    • Authors: Nicola Padfield
      PubDate: 2017-11-09
      DOI: 10.1007/s10611-017-9719-x
       
  • Framing corruption: how language affects norms
    • Authors: Ramona Zmolnig
      Abstract: This study deals with the fairly unexplored relationship between political decision-making and political framing. The intention is to figure out if there is a connection between the way political actors frame corruption and their commitment to the legislative fight against corruption in Austria. Thus, two research questions are focused: Are corruption-related framing practices of political actors of the Austrian National Council predominantly structural or personal' Do these framing strategies affect political actor’s willingness to legislatively combat corruption' Therefore the methodological approach is based on a manual dimension-reduced coding process and a further framing analysis of nine years (from 2007 to 2015) of political communication referring to corruption in the Austrian National Council. The framing analysis shows that the perception of corruption as an individual misconduct and a weakness of character of single and collective actors (parties) has significant impacts on anti-corruption policies and leads to an insufficient implementation of anti-corruption measures as well as the obstruction of meaningful policy reforms.
      PubDate: 2017-11-09
      DOI: 10.1007/s10611-017-9726-y
       
  • Anti-Corruption Norms in Training for United Nations Peacekeeping
           Operations
    • Authors: Anna K. Schwickerath
      Abstract: Corruption can be a serious threat to stability and peace. It is considered to be both, cause and consequence of violent conflict. United Nations peacekeepers are deployed in war-torn states (or regions), usually with the aim of supporting the restoration of stable institutions. The present study examines whether they are prepared to face the challenges emanating from corruption. In conducting a content analysis of United Nations training and guidance documents for their peacekeepers, it is hoped to contribute to a deeper understanding of peacekeeping and its impact on the fight against corruption in (post-)conflict situations.
      PubDate: 2017-11-09
      DOI: 10.1007/s10611-017-9731-1
       
  • Europe’s “democratic culture” in the fight against
           corruption
    • Authors: Ina Kubbe
      Abstract: This study investigates the influencing factors of corruption in Europe over the period of 1995–2013. Considering corruption as a cultural, multilevel phenomenon, the project proposes the design of models at both the micro and macro levels, allowing for panel-analyses as well as cross- and within-national comparisons. The findings reveal that a bundle of factors adding up to a specific “democratic culture” in Europe that hinders the growth of corruption by generating strong democratic institutions and fostering citizen norms and values aimed at monitoring and sanctioning corrupt actors. As a result, democracy promotion was and it is still the best remedy against corruption spread in Europe. The article emphasizes the relevance and need of area- and cultural-specific knowledge of factors affecting corruption.
      PubDate: 2017-11-06
      DOI: 10.1007/s10611-017-9728-9
       
  • Pecunia non olet' Legal norms and anti-corruption judicial frameworks
           of preventive confiscation
    • Authors: Stoyan Panov
      Abstract: The mechanism of preventive non-conviction-based seizure and confiscation of assets derived from corrupt acts offers an intricate interplay of criminal and civil law norms. The preventive seizure and confiscation approach is analyzed as to its functions, purposes, and norm-changing effects. The normative change is observed in the preventive confiscation as the decision of the judicial or quasi-judicial organs is based on the degree of danger posed by the relevant person and corrupt activity on a suspicion-based inquiry, thus eliminating the need for criminal conviction. The normative side of the mechanism of preventive confiscation seeks to immunize the lawful economy from a “contamination” by the ill-procured assets through corruption. The approach includes various human rights protections established by the European Court of Human Rights such as the right to a fair trial, the right to property, and the rule of law. The preventive mechanism also focuses on measuring the likelihood to commit illegal acts in the future, and management and usage of the proceeds from the illegal corrupt activity for socially oriented goals.
      PubDate: 2017-11-06
      DOI: 10.1007/s10611-017-9734-y
       
  • Business unusual: collective action against bribery in international
           business
    • Authors: Elizabeth Dávid-Barrett
      Abstract: Collective action initiatives in which governments and companies make anti-corruption commitments have proliferated in recent years. This apparently prosocial behavior defies the logic of collective action and, given that bribery often goes undetected and unpunished, is not easily explained by principal-agent theory. Club theory suggests that the answer lies in the institutional design of anti-corruption clubs: collective action can work as long as membership has high entry costs, members receive selective benefits, and compliance is adequately policed. This article contributes to the debate by examining how these conditions manifest in the case of anti-corruption clubs in the realm of international business, with particular focus on the international dimension of many initiatives. This vertical aspect of institutional design creates a richer, more complex set of reputational and material benefits for members, as well as allowing for more credible and consistent monitoring and enforcement.
      PubDate: 2017-11-06
      DOI: 10.1007/s10611-017-9715-1
       
  • Self-legitimation patterns in the inequality-corruption nexus
    • Authors: Miranda Loli
      Abstract: This article attempts to analyze the intersection of corruption and inequality not only in terms of the injustices and inequalities accentuated by corruption, but also in terms of the role of self-justification narratives of corruption based on perceptions of inequality. Despite the fact that the common definition as an ‘abuse’ of power removes the possibility of legitimation of corruption, legitimation narratives do exist and they also do appear in various surveys or case studies. By introducing Tilly’s perspective of inequality to corruption research, this article provides new input for understanding the dynamics of inequality and opportunity hoarding that fuel endemic corruption.
      PubDate: 2017-11-04
      DOI: 10.1007/s10611-017-9729-8
       
  • Corruption in sub-Saharan Africa’s established and simulated
           democracies: the cases of Ghana, Nigeria and South Sudan
    • Authors: Ole Frahm
      Abstract: This article makes a contribution to the debate over the interconnectedness between democratization, corruption and resource dependence by way of a qualitative analysis of three African states, Ghana, Nigeria and South Sudan, in various stages of democratization, from post-conflict transition to increasingly consolidated democracies. The underlying question guiding the analysis is to assess how both the practice and perception of corruption change in the course of democratization. Using survey data, secondary literature and empirical observations, the article juxtaposes empirical findings with theories of the African state and finds neo-patrimonialism and the concept of the gatekeeper state the most satisfactory explanatory models for the sources and types of corruption in African democracies afflicted by the resource curse.
      PubDate: 2017-11-04
      DOI: 10.1007/s10611-017-9730-2
       
  • When anti-corruption norms lead to undesirable results: learning from the
           Indonesian experience
    • Authors: Richo Andi Wibowo
      Abstract: This paper analyzes how and why adverse side-effects have occurred in the implementation of two articles of Indonesia’s anti-corruption law. These articles prohibit unlawful acts which may be detrimental to the finances of the state. Indeed, the lawmakers had good intentions when they drafted the two articles. They wanted to make it easier to convict corrupt individuals by lowering the standard of evidence required to prove criminal liability. The implementation of these articles has raised legal uncertainty. The loose definition of the elements of the crime enables negligence and imperfection of (public) contracts to be considered as corruption. The Constitutional Court has issued two rulings to restrict and guide the interpretation of these articles. However, law enforcement agencies (Supreme Court and public prosecutors) have been unwilling to adhere to the rulings. There are two possible reasons for this. First, as has been argued by several commentators, the law enforcement agencies have misinterpreted the concept of “unlawfulness”. Besides, the law enforcement agencies wish to be seen to be committed to prosecuting and delivering convictions in corruption cases. To do so, they need to maintain looser definitions of the elements of the offence. This paper endorses the Constitutional Court rulings and provides additional reasons in support of their stance. The paper can be considered as a case study for other countries that may be contemplating similar legislation.
      PubDate: 2017-11-04
      DOI: 10.1007/s10611-017-9737-8
       
  • Corruption and the impact of democracy
    • Authors: Ina Kubbe; Annika Engelbert
      PubDate: 2017-11-03
      DOI: 10.1007/s10611-017-9732-0
       
  • Introduction
    • Authors: Annika Engelbert; Ina Kubbe
      PubDate: 2017-11-03
      DOI: 10.1007/s10611-017-9738-7
       
  • Conditions of collective commitment in sector-specific coordinated
           governance initiatives
    • Authors: Berta van Schoor; Christoph Luetge
      Abstract: Although both the problem of corruption and its detrimental effects on society, economy, and environment has widely been recognized, corruption remains one of the most challenging problems of today. In light of globalization, the exclusive focus on compliance-oriented measures such as sharpening laws seems to be more and more ineffective. Apparently, the problem is not so much a lack of anti-corruption regulation, but rather a lack of enforcement of existing regulatory frameworks. This governance gap is increasingly tackled by the business sector. As a consequence, new governance mechanisms characterized by the involvement of non-state actors have emerged in recent years, in an attempt to fill this gap. These Coordinated Governance Initiatives in which companies along with representatives of other societal sectors join forces to tackle the problem of corruption have not been in the focus of research so far. More research is needed particularly on the effectiveness of these collective anti-corruption efforts to explain whether this approach is useful to curb corruption. Therefore, we attempt to identify potential success factors of Coordinated Governance Initiatives that aim to curb corruption by means of a qualitative multiple-case study. Twenty semi-structured interviews were conducted with members of three different initiatives. Additionally, secondary data sources were examined. Three different anti-corruption initiatives were selected: the Ethics Management of the Bavarian Construction Industry (EMB), the Extractive Industries Transparency Initiative (EITI), and the Maritime Anti-Corruption Network (MACN). We found five success factors and one basic prerequisite for sector-specific Coordinated Governance Initiatives. Although the identification of success factors of Coordinated Governance Initiatives is just the first step in the assessment of these initiatives, results indicate that a collective commitment obviously matters when it comes to fighting corruption.
      PubDate: 2017-10-24
      DOI: 10.1007/s10611-017-9714-2
       
  • Lupo S. (2015). The two Mafias: a transatlantic history, 1888–2008
    • Authors: Klaus von Lampe
      PubDate: 2017-10-03
      DOI: 10.1007/s10611-017-9713-3
       
  • Sufficient, stable and secure' An exploratory comparative analysis of
           integrity agency financial resourcing
    • Authors: A. J. Brown; Mark Bruerton
      Abstract: Sufficiency, stability and security in the budgets of anti-corruption institutions and systems are recognised as fundamental to their capacity and potential performance, but how do we assess sufficiency of resources, and what represents adequate stability' This article re-evaluates how these basics of integrity system capacity might best be approached, using an exploratory comparison of the financial resources of select integrity agencies across different jurisdictions over time. Using a ‘most different systems’ design, we present data on the ratio of the budget expenditures of key institutions to total public expenditure of 10 national/subnational jurisdictions, from three settings covered by National Integrity System assessments: Bangladesh, New Zealand and Australia. The exploration confirms the potential for more systematic comparative and longitudinal analysis to inform debate on key policy issues confronting institutionalised anti-corruption efforts, but importantly, also affirms this is likely best achieved if ‘system’ and ‘sub-system’ approaches, not just individual agency approaches, are taken towards this assessment task.
      PubDate: 2017-10-03
      DOI: 10.1007/s10611-017-9711-5
       
  • Measuring accountability performance and its relevance for
           anti-corruption: introducing a new integrity system-based measure
    • Authors: Finn Heinrich; A. J. Brown
      Abstract: It is widely presumed that preventing or addressing widespread corruption requires effective public institutions, supplemented by non-state actors, in a system of interlocking and interlinked institutions and actors (anti-corruption checks and balances). However there has been little evidence of the interactions and interdependencies between anticorruption mechanisms to enable empirical testing of theories that such institutionalised networks function as such, or have any relationship with reduced corruption. We use assessments of the performance of accountability roles of a diversity of institutions, on 19 indicators, in 38 countries using the National Integrity System approach, to test for the relationships between horizontal and vertical accountability, and the importance of each – and accountability in general – for policy and institutional reforms aimed at curbing corruption. We show that horizontal and vertical accountability are each measurable constructs, whose weakness or strength does tend to correlate; and that while causation is beyond the scope of this analysis, this accountability role performance also correlates separately and jointly with independent measures of corruption control. These results affirm the potential for holistic, country-based qualitative assessments of networked integrity institutions, as pioneered by the NIS approach, to deliver stronger evidence of how reforms to prevent and suppress corruption can be better targeted.
      PubDate: 2017-09-26
      DOI: 10.1007/s10611-017-9712-4
       
  • National Integrity Systems – An evolving approach to anti-corruption
           policy evaluation
    • Authors: A. J. Brown; Finn Heinrich
      PubDate: 2017-09-19
      DOI: 10.1007/s10611-017-9707-1
       
  • Corruption, anti-corruption and human rights: the case of Poland’s
           integrity system
    • Authors: Anna Krajewska; Grzegorz Makowski
      Abstract: Serious tensions can arise in a country’s integrity system when anti-corruption policy also poses a threat to fundamental values and standards under which a democratic state operates, in particular human and civil rights. This article examines these tensions using the case of Poland, where the risk arises, in particular, in situations of ‘moral panic’, where intense public and political discourse around a specific issue with a strong sense of threat to society also generates expectations that policy and decision makers will quickly solve the problem. With the Polish National Integrity System (NIS) assessment as a background, we examine the need and the scope for developing research and evaluation instruments which help reduce the risk that anti-corruption initiatives will undermine the basis of a democratic state, with recommendations in this regard.
      PubDate: 2017-09-13
      DOI: 10.1007/s10611-017-9710-6
       
  • Cultural specificity versus institutional universalism: a critique of the
           National Integrity System (NIS) methodology
    • Authors: Paul M. Heywood; Elizabeth Johnson
      Abstract: This article provides an assessment and critique of the National Integrity System approach and methodology, informed by the experience of conducting an NIS review in Cambodia. It explores four key issues that potentially undermine the relevance and value of NIS reports for developing democracies: the narrowly conceived institutional approach underpinning the NIS methodology; the insufficient appreciation of cultural distinctiveness; a failure properly to conceptualise and articulate the very notion of ‘integrity’; and an over-emphasis on compliance-based approaches to combating corruption at the expense of the positive promotion of integrity. The article seeks to offer some pointers to how the NIS approach could be adapted to broaden its conceptualisation of institutions and integrity, and thereby provide reports that are more theoretically informed as well as being more constructive and actionable.
      PubDate: 2017-09-13
      DOI: 10.1007/s10611-017-9709-z
       
 
 
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