Corruption, legal solutions and limits of law

Carr, Indira

doi:10.1017/s1744552307003035

Cited by 11 publications

(7 citation statements)

References 22 publications

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“…This research is done based on a belief that corruption complexity can be narrowed through an equitable approach. Due to its extraordinary financial and non-financial impacts [7], society's perceptions regarding to officers' performance must be engaged as it neutralizes deviated and partial perception from industry sector and supervisory boards although this research realizes the importance of both parties' perception [8]. Therefore, embracing all parties to create a holistic view of officials is the idea to present a fair preliminary consideration.…”

Section: Introductionmentioning

confidence: 92%

Public Engagement for Objective and Holistic Officials’ Evaluation: an Integrated Political-Social-Legal View

Widhoyoko¹,

Sasmoko²,

Khan³

et al. 2018

IJET

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This research proposes new model of officials’ evaluation grounded on a belief regarding to the urgency of a framework which embraces socio-political aspects holistically. This is derived from national vision in sustainability development demanding a more transparent, reliable, and competent leadership. Regarding to this, distortions often occur due to governance malpractices in the form of corruption which impact officials’ performance as well as environment conduciveness. This phenomenon is taken as a fundamental paradigm of this research which results in a reasoning stating that officials’ objective evaluation. This research realizes that cannot be done by considering officials as a single-role entity. It must consider several roles which impacts and influences several different parties (political, social, and governmental). This research comprehends such gap through comprehensive literature review and transforms all theories in the purpose of building a systematic assessment methodology which captures various aspects from different perspective. In its discussion, this model is proven academically to be able to evaluate officials’ performance objectively through three broad parameters: (1) policies formulation, (2) social engagement, and (3) regulatory submission. In addition, those three categorical assessment would be integrated in a weighted-average system, enabling them to produce a numerical score. In this stage, this framework is applied through information technology is used to capture data from different respondents.

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Section: Introductionmentioning

confidence: 92%

Public Engagement for Objective and Holistic Officials’ Evaluation: an Integrated Political-Social-Legal View

Widhoyoko¹,

Sasmoko²,

Khan³

et al. 2018

IJET

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“…Nevertheless, a regulatory CSR perspective ought to recognise the limited scope of prescriptive regulation (Carr, 2007; Deakin and Hobbs, 2007, p. 69), and acknowledge the relative strengths of prescriptive regulation and self-regulation. Reflexive law, for example, argues that rigidity makes centralised top-down formal law and materialised substantive laws inadequate for complex and challenging issues in competing subsystems, and therefore requires a ‘limiting’ role that ‘searches for regulated autonomy’ and ‘retreats from taking full responsibility for substantive outcomes’ (Teubner, 1983, pp.…”

Section: Regulationmentioning

confidence: 99%

Corporate social responsibility, juridification and globalisation: ‘inventive interventionism’ for a ‘paradox’

Osuji¹

2015

International Journal of Law in Context

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This paper proposes ‘inventive interventionism’ as a regulatory approach to incorporate substantive outcomes, stakeholder empowerment, effective disclosure and a global multi-stakeholder and multidimensional view of corporate social responsibility (CSR) and social disclosure. Inventive interventionism also applies new paradigms of regulation that recognise CSR as one of the proximate engineers of efficient public governance and ultimate sources of socio-economic development. The paper adopts a transnational and comparative approach to regulatory CSR and situates the voluntary and prescriptive approaches in the wider regulation debate. It draws on reflexive law, responsive regulation, institutional and other theories to demonstrate that existing CSR regulations in several jurisdictions are not representative of the law's multidimensional and multidirectional nature. Inventive interventionism reflects a functional approach to the law–CSR dialectic relationship and contributes to the development of an analytical framework for CSR and reforming its national and global regulatory environment.

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“…If successful, the individual enjoys a portion of the monetary award made by the court. Carr (2003, p. 241) traces these “common informer actions” to the end of the thirteenth century, when there was no modern police force, and notes that Britain abolished them in 1951. Qui tam lawsuits against corruption have a modern existence in the US False Claims Act (FCA), enacted in 1863 but amended and strengthened in 1986.…”

Section: Rise Of Civil Actions Against Corruptionmentioning

confidence: 99%

Why civil actions against corruption?

Young

2009

Journal of Financial Crime

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Purpose -The purpose of this paper is to identify and examine motivating factors for why public and private actors initiate costly and risky civil actions to recover loss due to corruption in an era of increasing multilateral consensus and cooperation against corruption and organised crime. Design/methodology/approach -Research into recent global trends and types of civil lawsuits against corruption is conducted. Several cases, particularly from Canada, Hong Kong, the USA and the UK, are used to illustrate the attractions and difficulties of civil litigation. The implications of the recent international treaties on corruption are analyzed. Qualitative findings are made on a range of motivational factors that lie behind different types of civil actions against corruption. Findings -The paper notes an apparent rise in interest in civil actions against corruption and describes five types of actions brought by governments and companies. Civil actions are indicative of the want of better alternatives to recovery. While recent anti-corruption treaties help to remove barriers to civil actions, the treaties themselves cannot explain the increased interest in civil lawsuits. Full explanation lies in the empowering effect of suing, the political significance of these lawsuits particularly for a new regime suing to recover plundered property from the old regime, and the ease by which a lawsuit can be launched. Originality/value -This paper contributes to the literature in identifying types of civil actions against corruption, the practical and political motivations behind civil actions, and the positive relationship between international cooperation regimes and civil actions.

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Corruption, legal solutions and limits of law

Cited by 11 publications

References 22 publications

Public Engagement for Objective and Holistic Officials’ Evaluation: an Integrated Political-Social-Legal View

Public Engagement for Objective and Holistic Officials’ Evaluation: an Integrated Political-Social-Legal View

Corporate social responsibility, juridification and globalisation: ‘inventive interventionism’ for a ‘paradox’

Why civil actions against corruption?

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