Readings week 1 Flashcards

(35 cards)

1
Q

what are the major difficulties in defining corruption

A
  1. the term refers to several distinct but related problems
  2. there are differences in corruption defined by official law, affects the public and based on public opinion
  3. different nations define issues differently as well
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2
Q

what is joseph s nye’s definition of corruption

A

corruption is
‘behavior which deviates from the normal duties of a public role because of
private-regarding (family, close private clique) pecuniary or status gains: or
violates rules against the exercise of certain types of private-regarding
influence. This includes such behavior as bribery (use of rewards to pervert the
judgment of a person in a position of trust); nepotism (bestowal of patronage
by reason of ascriptive relationship rather than merit); and misappropriation
(illegal appropriation of public resources for private-regarding uses).’

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3
Q

what are ths issues with joseph s nye’s definition of corruption

A

he is correct about it being due to a public role not his personal affairs - they may be wrong but are not corruption,
he seems to outline that gain, to family or self is necessary but sometimes, such as watergate, are for benefits of the political party as a whole
the other issue is they must deviate from normal, but it may be normal in some countries to take bribes.

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4
Q

give examples and types of abuse of office by public officials

A

A civil servant gives a position in his office to a relative rather than to a
better-qualified applicant (Nepotism).
- A political party wins an election and then removes all office-holders who
supported the opposition party (Patronage).
A legislator owns stock in a mining company, and votes for a bill which
will give tax concessions to the company (Legislative conflict of interest).
Government bureaucrats use their knowledge and contacts to establish a
part-time consulting firm which gives advice to private clients (Bureaucratic
conflict of interest).
awarding contracts to friends or supporters
lying to public

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5
Q

explain types and examples of corruption by non-office holder such as a business man
there are 6

A

A government official who takes unauthorized funds from the treasury is committing •embezzlement’ or ‘corruption.’
Private citizens or corporations, however, which intentionally use deception to take excessive or unauthorized government benefits or contracts
from the treasury are committing fraud. Examples of fraud might involve a welfare recipient providing incorrect facts
If there is no deception when unauthorized benefits are intentionally taken, it should probably be called simple theft.
Abuse occurs when ‘benefits are obtained or
used in ways which are not intended by those who design or administer programs, but which are not specifically prohibited by law or regulation.’ - using osap to buy alcohol
‘errors involve program decisions which violate relevant rules, and may be intentional or unintentional, substantial or technical, and may be
caused by the official or the client.
Waste is a concept even more vague than
abuse. In general it refers either to ineffective expenditures (expenditures which do not accomplish programmatic goals) or to inefficiencies, things which cost more than is necessary

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6
Q

what is the legal definition of corruption

A

if an official’s act is prohibited by laws established by the government, it is corrupt;
if it is not prohibited, it is not corrupt even if it is abusive or unethical.

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7
Q

james c scott has 3 issues with the legal definition of corruption what are they

A

1 the danger of assuming that everything legal
is always ethical.
2 the danger that an identical action in two nations will be labeled differently because of differences in laws
3 a nation where almost everyone is a government employee, he tells us, can’t easily be compared with one where most people work for private corporations

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8
Q

give an example of an illegal act that is ethical

A

In Nazi Germany during World War II, Jews were forbidden by law to emigrate. If a passport inspector took 1,000 Reichsmarks from a Jewish family and approved its departure, can his act be called ‘corruption’?

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9
Q

give an example where something is legal but unethical

A

urban renewal program found old buildings housing poor black families and tore them down to build luxury apartments for upper class whites. The old buildings were fit for demolition and the new ones are perfectly to legal codes. serving interests of the majority at the expense of the minority is unethical but technically this program was legal

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10
Q

what is the public interest definition of corruption

A

if an act is harmful to the public interest, it is corrupt even if it is legal; if it is beneficial to the public, it is not corrupt even if it violates the law.

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11
Q

what is the issues with the public interest definition of corruption

A

the effects of corruption on the public

interest cannot be analyzed without considering the many, many views people have about public goals.

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12
Q

Arnold Heidenheimer advises us to focus our attention on differences between
‘black,’ ‘grey,’ and ‘white’ corruption define each

A

black corruption ‘indicates that in that setting that particular action is one which a majority consensus of both elite and mass opinion would condemn
and would want to see punished as a matter of principle.
‘Grey corruption’ indicates that some elements, usually elites, may want to see the action punished, others not, and the majority may not care
white corruption’ signifies that the majority of both elite and mass opinion probably would not vigorously support an attempt to punish a form of corruption that they regard as tolerable.

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13
Q

what is difficult about using public opinion for definitions

A

public opinion polls taken over a period
of time show that attitudes can and do fluctuate
johnson asks who is the public, there can be many publics and they typically dont agree

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14
Q

what is the most extensive anti corruption education program in the world

A

Hong Kong’s Independent Commission Against
Corruption. ICAC uses a wide variety of techniques to increase public awareness and change attitudes: liaison with community organizations. public
education in the schools, and television public service announcements. Summarizing the first ten years of ICAC’ s public education activities, Prof.
David Clark concluded that the Hong Kong public has become more aware of corruption problems and of ICAC’s mission, is aware of the Prevention of
Bribery Statute and (in general) its provisions, and thinks positively of corruption control.

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15
Q

what are the issues with different nations trying to have one definition

A

different legal definitions
different public interests
and different public opinions

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16
Q

what is dirty handed politics

A

type of ethical misconduct “dirty-handed”
politics. It occurs when leaders feel embattled and regard politics as a form of warfare. Convinced that their cause is right and their opponents’ wrong, they will do or authorize to be done anything that they believe is needed.

17
Q

what is an abuse of trust give an example

A

When public officials abuse the trust that is placed in them in order to provide themselves or their friends with special benefits. or to achieve personal goals in violation of the principles of equality and respect, which are the cornerstones of democracy. we say they have acted unethically. Such as the expense fund fraud

18
Q

What is democracy founded on

A

the principles of equality and respect for
all individuals: what we refer to as mutual respect
Some would suggest
that the fundamental principle of democracy is the concept of free elections for representative institutions, or the related principles
of equality and freedom. or the postulate of individual autonomy. Our thinking, however, is that mutual respect is a more basic democratic
principle: it is the concept from which free elections, equality, and freedom are derived.

19
Q

what else supports mutual respect

A

religion - every human being has equal worth - do to others as you would have them do to you
liberalism - mutual respect implies government by consent of the governed and as much individual freedom as is consistent with safeguarding the equal freedom and security of others.

20
Q

what are the 5 principals of democracy

A
  1. social equality
  2. deference to the majority - is not as simple as “majority rule.” find a broad consensus. When a consensus is not possible, then majority vote.
  3. minority rights
  4. freedom /freedom of expression is essential
  5. integrity
21
Q

two things that could help parties and candidates from landing in hot water

A

First. parties should not make promises
unless the implications of those promises are thoroughly researched. Promising to do one’s best to promote particular goals is both more honest and more realistic.
Second, the integrity of election promises should be addressed in a party’s code of ethics.

22
Q

at the federal level sanctions for corruption are handled in which instruments

A

Standing Orders of the House of Commons,
the Criminal Code
and the Parliament of Canada Act.

23
Q

where is the acceptance of bribes covered

A

all three
Standing Orders of the House of Commons,
the Criminal Code
and the Parliament of Canada Act.

24
Q

what forms of behavior are dealt with in the criminal code that relate to public officials

A

bribery, influence peddling, accepting benefits from persons dealing with government, accepting secret commissions, fraud, self-dealing, selling or influencing appointments and breach of trust by a public official.

25
define bribery
the dis-honest inducement of a public official to act in someone's favour by a payment or other inducement
26
what does the criminal code say about parliamentarians and bribery
the bribe must be in relation to the individual's "official capacity" The Code provides a maximum sentence of fourteen years imprisonment for both the person giving the bribe and the one receiving it
27
give a notorious example of bribery in canada
Robert Sommers, then Minister of Lands and Forests of British Columbia, was charged with receiving bribes in connection with the issuance of forestry management licences was convicted on five of the seven accusations of receiving bribes. As a result, first person in the Commonwealth found guilty of conspiring to accept bribes while serving as a Minister
28
define influence peddling
involves paying a third party to exert influence on the decision maker. In this situation, the buyer hopes that the influence of the person being paid will be sufficient to convince the decision maker to decide a matter in his or her favor.
29
what does the criminal code prohibit in relation to influence peddling
The Criminal Code prohibits officials from demanding, accepting or offering or agreeing to accept a loan, reward, advantage or benefit of any kind for cooperation, assistance or exercise of influence in connection with any matter of business relating to the government The Criminal Code prohibits influence peddling not only by government officials but also by anyone who has or pretends to have influence with the government or with a Minister you can face imprisonment but typically administrative sanctions
30
define fraud
The provision of the Criminal Code that addresses fraud is also broadly worded. It generally prohibits anyone from defrauding the public or any person by deceit, falsehood or other fraudulent means
31
give a notorious example of fraud in canada
In Saskatchewan, during the 1990s, an elaborate scheme was uncovered, including fictitious companies and falsified invoices, which resulted in 21 members of the provincial Progressive Conservative party being charged with fraud the money went to the party and into personal bank accounts most accused got a year or more of jail time and restitution of around 50,000 each.
32
define self-dealing
where a public office holder, acting in his or her official capacity, awards a contract or other form of government business to himself or herself, or to a company in which he or she has an interest.
33
where is self dealing covered
prohibited under the Parliament of Canada Act
34
what is the difference between section 122 and section 336 of the criminal code
Section 122 of the Criminal Code targets every official who, in connection with the duties of his or her office, commits fraud or a breach of trust. Section 122 does not require intent to commit 12 fraud or a breach of trust. As a result, public officials have broader li-ability than private citizens who are charged under the general fraud provision, section 336 of the Criminal Code, which requires a specific intent to defraud Correspondingly, public office holders can be sentenced only to a maximum of five years in prison, whereas private citizens who engage in similar activities can face up to 14 years in jail
35
give an example of a breach of trust
person in charge of giving road paving contracts had the person he hired pave his driveway as well