CORRUPTION, LAW, AND JUSTICE - A CONCEPTUAL CLARIFICATION

Authors
Citation
M. Deflem, CORRUPTION, LAW, AND JUSTICE - A CONCEPTUAL CLARIFICATION, Journal of criminal justice, 23(3), 1995, pp. 243-258
Citations number
64
Categorie Soggetti
Criminology & Penology
Journal title
ISSN journal
00472352
Volume
23
Issue
3
Year of publication
1995
Pages
243 - 258
Database
ISI
SICI code
0047-2352(1995)23:3<243:CLAJ-A>2.0.ZU;2-L
Abstract
This article suggests a concept of corruption based on Jurgen Habermas ' theory of communicative action. Corruption, as defined in this study , is a colonization of social relations in which two or more actors un dertake an exchange relation by way of a successful transfer of the st eering media of money or power, thereby sidestepping the legally presc ribed procedure to regulate the relation. Two types of corruption are identified: monetary and bureaucratic. In monetary corruption, the exc hange relation is carried out by way of a transfer of money, and in bu reaucratic corruption by way of a transfer of power. Both types of cor ruption can circumvent regulations spelled out by legitimate or system atic law. Corruption of social relations regulated by legitimate law i nvolves a transformation from communicative action to strategic action . Corruption of social relations regulated by systemic law intensifies action-coordinating mechanisms aimed at monetary or bureaucratic succ ess. The value of this approach is explicated with reference to some i mportant topics of debate in corruption research.