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Anil Rajvanshi

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Debate: Is corruption a moral or a legal issue?

Too often the corruption debate and discussions all over the world are focused on how somebody broke a law. By that definition Mahatma Gandhi was the most corrupt man since he periodically broke British laws!

By dictionary definition corruption relates to doing things which are not ethical.

Hence how should the corruption be defined and fought for greater good?

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  • Nov 21 2012: http://www.lemauricien.com/article/leadership-and-corruption


    The above link would take us to an article I published recently in the local press on this issue of corruption ... I shall be pleased to read your comments. Thank you.
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    Nov 21 2012: Corruption is a moral issue and thus in most developed countries is addressed in law (which are all essentially derived from esoteric beliefs). I think in the developed world there are so many laws so that most actions that would be deemed "corrupt" are just simply covered somewhere in the governing text. I mean, for what its worth, social animals like baboons and bonobos have a sense of morality. Aggressive members of a tribe and members that steal from others are shunned etc. and obviously these tribes do not have laws in the sense that I think you are talking about. That brings up what I think is a more potent debate as to whether there is any real difference between morals and laws at all.
  • Nov 19 2012: Corruption is entirely driven by our beliefs.

    Those beliefs, however, are greatly influenced by that which is legal in our societies, and what we internally represent as moral. Our two primary motivators are pain and pleasure, but we have a greater need to avoid pain than to seek pleasure. In order to fight corruption and evil (a laudable intent), we must change negative beliefs, and instill certain empowering ones.

    For example, in order to stop robberies from happening, it must become more painful for a person to rob than not to. In other words, all of the guilt, misery, humiliation and legal consequences must be more real to the person than the accomplishment of acquiring certain material objects (which in turn reward the person emotionally).

    I define corruption as an action which the perpetrator is aware of as painful or unjust to others (and is recognized by society as such), but continues to do so to elicit a certain reward -- generally emotional. Let's look at the Watergate scandal, under Nixon's presidency. He believed that gathering certain intelligence (at the cost of justice and honesty, and whatever you decide was at stake) was more rewarding than just leaving it alone, and not taking action was more painful than following through with his plan. (I KNOW IT'S REALLY CONFUSING.)

    I think in order to battle corruption, we must hold those who are in power hostage by way of democracy, because they wouldn't make unjust laws if they were subject to them. Their beliefs need to shift not only to "corruption is bad," but "contribution and honesty is good." There must be some sort of training to make that experience real to them so that they may allow those principles to affect their life and leadership positively.
  • Nov 17 2012: Let's first study the relationship of the legal system and the moral values in a society. I would say that the legal system is generally decided or influenced by the moral standard of the whole, or a part, of the society. For example, the Robin Hood behavior was considered illegal because his behavior was not acceptable by the particular society at that time. But in the socialistic countries in modern times, it is completely legitimate to TAX the rich and GIVE it to the poor. Another issue like abortion,there are countries which legislatively treat abortion as illegal by religious moral ground, while in some countries like China, it is ILLEGAL to NOT HAVE AN ABORTION for the second pregnancy of a couple based on the government policy. So the legality or the moral values of almost any behavior, including corruption, have been different (evolving) from time to time and from country to country.
    Also, as far as I know, there are countries where bribe-taking or bribe-giving is more or less implicitly permitted by the the prosecutors in most legal system. And in some systems, the formal salaries of certain officials are not sufficient to support a family, thus the bribes are treated as part of one's pay anyway.
    In summary, the morality or the legality of corruptions is determined basically by the value system of a particular society at a particular time, determined by the evolution of the value system of the majority of the members in the society.
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    Nov 17 2012: Great question with an astute observation!
    It could be both moral and legal issue, but ultimately, it's definitely a moral issue, I think.
    Corrupt people with power can legitimize their wrongdoing.
    What Robin Hood does is illegal but I wouldn’t concur with the view that he is corrupt.
    For him, "robbing from the rich and giving to the poor" is a way to serve justice—equality. That is, his intention isn’t corrupt. His resentment for greedy, rich people isn’t out of corruptness. Provided laws should belong to ethics, even illegal things could be moral in some cases.
    It’s all about one’s intention and the methods—with rationalization—he use.
    (But there is a line. If people do all the illegitimate things by justifying that it’s for justice, a society gets anarchic and the law abiding spirit(which is ethical) disappears. And justifying anything willy-nilly would provoke another version of corruptness. )
  • Nov 17 2012: Good question. However, the answer is not as simple as whether or not corruption is a legal or moral issue.
    How would you define corruption? When someone breaks the law, or when a employee covers up a bosses misdeeds not only because he was told to but in hopes of climbing the corporate ladder? One could say that all of us are corrupt. All of us act on our own beliefs and feelings, but are those feelings and beliefs not influenced by other peoples ideas and beliefs? In my opinion we all our corrupt, we all act on our own prejudices and beliefs, which are made by our interactions with our surroundings. Our surroundings corrupt us. Obviously, this type of corruption is not inherently bad. The true question should be, how far is too far? And who or what is to make that determination.
    So, is greed good? Is corruption better and does absolute power corrupt absolutely? Think long and hard on this. In our species evolution, did these attributes help or hurt us, and without them would we be who we are today both as a species and as an individual?
  • Nov 17 2012: Given that anticorruption laws are passed sometimes by people who are themselves at least partially corrupt and enforced by institutions which may not always in fully independent and often staffed by people who are nominated by the same corrupt politicians, we cannot rely on the law to effectively deal with corruption. There will always be looholes in the law. In many countries political party financing by large corporations is not considered a bribe and is considered legal. And yet we know that this practice is often at the root of a lot of corrupt practices. This brings us back to the question of who writes the law. We are potentially in a conflict of interest situation. Thus, I would argue that corruption should first and foremost be considered a moral issue.
  • Nov 17 2012: I believe the legal system is designed to support society in a cost/ benefit manner, therefore if you are corrupt you are punished. And I would think that the legal system is based on what is moral, so corruption is a moral issue as well.

    I think corruption is the compromising of ones duties and or moral/ethical obligations for personal gain. Corruption would be, in my opinion , regarding people in politics and people who have the potential to harm others with their corrupt actions.
  • Nov 17 2012: corruption is without doubt a moral issue... whenever a person is "corrupt" they are looking to gain something, usually for themselves, and nearly always at someone else's expense. as individuals, when we in someway harm another soul, this is a moral dilemma (and in fact we are actually harming ourselves as well)
    also, legality has little to do with morality. the two often meet, but you can have laws that conflict with morality. an example: slavery laws. at a not to distant point in history, it was against the law for a black man (or woman, child) to sit in a white section. if he did so he would be a lawbreaker. this does not make him immoral. another example: nazi germany and their laws regarding harboring jews. the people that helped jews escape from persecution were law breakers, but no one can call that an act of immorality. laws are created by humans, often for evil purposes. our consciences, however, are part of a universal collective... and if we are tapped into that, we don't need an explanation of what is moral... we know based on these universal truths.
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    Nov 16 2012: At first define "Corruption", I would say - it's an abstraction. "An issue" is instantiating. Than you might speculate over that instance.
    I would suggest another idea, parallel that might give a hand when dealing with those instances:
    To have a functioning democracy you need a set of rules that works and rules that does not, and everyone has to realize it.
  • Nov 16 2012: I think corruption is a legal issue, but also it is a moral issue when it affects the lives of the people of a particular country. Corruption often affects neighboring countries and countries world wide. I am not sure which is worst, a country that is blatantly corrupt or one that is corrupt in the shadows, and increasingly becomes corrupt like a disease and all of a sudden it is too late; maybe that is the way all corruption starts out, in the shadows. I think one thing is certain, corruption is exponential in that it becomes more rapid and dangerous.
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    Nov 16 2012: Hello Anil,

    On a par with the level of (inadequately and unsuccessfully addressed) unemployment in South Africa, (both petty and heinous) crime in South Africa has spiralled out of all control.

    And, therefore, as I believe it was incumbent upon the new South African government to immediately institute (and implement) an "emergency aid and relief plan" for the provision of essential food, clothing and shelter to the millions of unemployed (of all race groups) in 1994 - which it did not do then - and still has not done to date.

    Corruption on a personal, individual level is clearly an initial, moral issue which, where crime of any description is also involved, then becomes a legal one. However, as it appears that many in our judicial system (and police services) are also morally corrupt. Decent, civilized, law-abiding and peace-loving citizens in South Africa are presently faced with a very real (apparently insolvable) danger and dilemma.
  • Nov 16 2012: Police used to be "To Protect & Serve-Not self serve.
  • Nov 16 2012: This is True! and GOD will Bless all of you for it
  • Nov 14 2012: We can have different dimensions to this issue.
    It can be moral, legal or ethical.
    Moral corruption will be which relates to moral issues. One may be legally correct but morally wrong.
    Similarly in legal corruption issues which are forbidden legally will fall in.
    Lastly ethical corruption shall encompass those issues which a particular society forbids ethically.
    But it is the human mind which is momentarily encouraging to do certain things which will be called corrupt practice. A control on that fraction of a moment shall help the urge to get into corrupt practice.
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    Nov 13 2012: Both, I think. To obey a law is one thing but doing because you love is far better.
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    Nov 12 2012: Law is fundamentally grounded on moral grounds/ethical principles... It's very nature is studied through philosophy or is it jurisprudence. Hence I think that ultimately, corruption ought to be seen as a moral issue that requires lawful repercussions to chastise and maintain ethical foundations of a society.
  • Nov 11 2012: well wen the ones to make laws are corrupt it becomes a civil issue
  • Nov 11 2012: Corruption is a process where the other person demands a favor from you ,to do what you expect him to do due to his legal responsibility towards you. But , he doesn't do so unless and until he is not motivated or inspired by offering hm a tangible or intangible favor.

    In India the prime movers of corruption is "Duniyadari" and "Vyahvarikta". To run duniaydari you have to be "Vyavharik" ,"Be practical". And duniadari involves dealing with family and society. And to run the family and deal with the society , momey is needed . Life is short , and no body wants to go through the lengthy process of making money.
  • Nov 8 2012: Corruption has been my research topic for decades, both in and out of academia. Why corruption is still alive and well today as it was, say, 50 years ago? In part because it is treated as either a legal or moral issue, leaving out other possibilities. But in fact corruption is a management/governance issue and it would be easier to solve it if we understood that.

    Look, the government structure can be corrupt from top to bottom and EVERYBODY there might work not according to the written law, but according to "informal law" (the understanding of how the things really work). Then, the "understanding" is the real law. And if the population agrees with it, fine... If, however, only SOME of the people in the power structure are corrupt, especially not the top boss (the president or equivalent who is usually elected by their "boss" - the people - who don't want corruption) then it is just a managerial problem: all that is needed is that every manager from the president down effectively monitors that his subordinates are not cheating, stealing, or breaking the laws in the myriad ways they can... Don't you agree?

    I'll tell you more: the normal pyramidal structures on which we rely from the times of pharaohs are not made for effective monitoring/management. They are long obsolete even in the military, which has been emulated by bureaucracies. Instead, these power pyramids are very well suited for supervisory incompetence of bosses and wrongdoing by subordinates. The agency theory, properly understood, will lead you to the same conclusion. (See my quip on it in the Financial Times: http://on.ft.com/dnSJAa )

    Change the subordination/management structure to a much better one, and you'll wipe out corruption in a blink of historic eye... As manager, I've done it in organizations in the matter of weeks and days. You can do the same everywhere and be a new mini-Gandhi - clearing away legal gunk of the past and profiting, too.

    Best,

    AV
    www.CorruptionManagement.com/how
  • Nov 8 2012: The majority of the worlds problems, especially the in United States, can be summed up in one word: greed. I believe greed is the core of corruption and therefore is the moral issue to address. I agree that corruption has components of both morality and legality. Just because something is legal does not make it moral, and just because something is moral does not mean it has been made legal. They blur together making it more a case by case issue of weither something is legal AND moral. Corruption can easily hide behind the guise of being 'legal' while destroying its country and citizens. In short, its both. Greed is the moral part of this dilemma that need to be kept in check by individuals. Laws need to truely reflect the abhorrence of corruption in strictly adhering to checks and balances.
  • Nov 8 2012: I think corruption is when a person has been given the authority to carry out functions for the public good, but uses that power to enrich themselves, often consequating in public harm. Perhaps a moral and legal issue.
  • Nov 8 2012: Corruption and morality are separate acts; saying that, I believe that more often than not, corruption is an act is the result of moral degradation.

    Corruption is civil, legal, community oriented and socially defined by society as a collective. Morals are internally grounded and based on personal core beliefs that define our humanity and individuality.
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    Nov 7 2012: Well, corruption has been with us since we exist. About being moral or legal issue, i think that you can't split into two different things, since our laws are based on our moral society and in what we define right or wrong. When we face a situation that needs us to decide if we're going to make a decision based on our ethic or based on our moral society. A person that has profit as the primary ethic value will direct it actions to it, so the person moral will be centered in profit and it doesn't mean that this person has wrong ethic values because you can't judge it. But when the ethic person's confront with the moral of the society (and here we have what it considered right or wrong), the decision that the person made needs to be study, analyzed. But the real question is, does he/she need to leave the ethic besides to go for the moral of the society? Well, as long we live in groups, we need to determinate some rules so that we can live properly with peace and respect, order and progress. But what about in the person's believe? Why do we have so many corruption? Are we becoming an individualized society? Do we forgot the concept of society or do we changed it?
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    Nov 7 2012: Need to define -reference frames
    Say Body, heart, Mind
    or permissive Limits and cross-over to in-discipline - a state of mind .
    Desirable highest Discipline index
    What steps are needed for social reforms to develop Identity Index /
  • Nov 6 2012: Corruption is global problem, and at first, it's a society problem. I belive and imagine it as organization, so strong, invisible, and it has "wide deep roots inside". With a regular kind of opinion, opinion we have got in school, while the education, this problem is so complex and apstract. Hard for understanding.
    we can see that this problem is not "young" or "brand new". Old movies as "Godfather", "Scarface" represent it as a normal in high layers of society. So we can use a field of ethic, and ask,
    why is that normal in high layers of society?
    Who are the people that leading country, and
    Why are they corupted?
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      Nov 6 2012: Jelena,
      I agree with your insightful comments. Corruption is a global challenge with wide deep roots, which is not a new challenge in our world. One really important statement you make, which I see as a big part of the challenge, is that we often perceive it as "normal". So, in some respects, we accept corruption as a "normal" part of being human. How or why would we change something that on some levels we believe is "normal"?

      You ask some great questions that might help us understand and deal with corruption...why do we consider corruption in any way "normal"? Why are some people corrupt and why do we continue to accept it?
      • Nov 6 2012: I omitted the field of legality. Is the corruption legal? Offcourse it is! And it is the main paradox! How? Well, who makes law in one country? It is the corruptive layers. They make law that provides "legal rob". Very big percent of politicans has "legaly rob money".
        And there is an answer to the question "why do we act as it is normal". We act like that, because, it is impossible to act in a different way. If we want to stop corrupition, we have to have, as good relations, deep roots, as corruptive groups. And, in XXI centory, they are too clever, and we are too predictive.
        I think, change is possible, only if we change the order. At all.
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        Nov 17 2012: Hi, Colleen
        I think people are pretty smooth when it comes to justifying themselves. As we see from many politicians, businessmen and brokers, glibness works, and even has positive effects on others' perspectives. So the word 'normal' we use to rationalize corruption is a clever yet, pathetic excuse, but isn't morally right. It just does not ring true in our minds. A number of people tend to believe what prevails among them is ‘normal’. Some might argue it isn’t, but the way people use this definition: ‘normal’ highly depends on a majority’s thoughts. And they start to differentiate between what’s right and what’s normal. So in that case, even if something is a right and moral thing to do, if it’s such a rare case, corruption could be justified by its frequency, which we call ‘normal’. I assume one way to solve this common misconception of corruption is to narrow a gap between moral duties—if you will—and social interactions in reality. Provided people think moral standards are too high to meet, and regard it as ideal goals, they give themselves a room for compromise, further, corruption in excuse of ‘inevitable’ reality. Some sincere religious people with strong convictions would succeed in maintaining their integrity by not being involved in corruption. Their strong religious ethics would be plausible factors that prevent them from any corruption. On the other hand, quite a few cleverer corrupt religious leaders take advantage of their moral standards to justify what they do. In that case, corruption gets uglier and more repulsive. People can be selfish, manipulative and unconsciously self-deceiving, and that could be normal. Corruption is the dirtiest outcome of these chaotic traits with rationalization and wrong interpretation. We know corruption is a bad thing. And we also know we can avoid being corrupt as long as we pursue transparency and justice. So, it is normal to think that corruption is not right. Thinking that corruption is normal is self-deceiving.
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          Nov 22 2012: I agree Elizabeth that some folks can be "smooth" when it comes to justifying their actions. This seems to be connected to the other conversation we are involved in? Where do thoughts come from? People can often "think" the thoughts which they believe to justify their actions, and I agree Elizabeth, that it is often a rather "pathetic excuse", which we can generally see through.

          Again Elizabeth, you hit the nail on the head!!! Many corrupt actions are "normalized" and therefor accepted over time. Also, as you say, many leaders take advantage of their positions as leaders to justify certain corrupt or immoral actions....we've seen that too many times throughout history.

          I agree that corruption is not in any way, shape or form good for our local, national, or global societies, thinking corruption is normal is self-deceiving, and the way we can change corruption, is to pursue transparency. Each and every one of us can be mindfully aware as we decide what is normal and/or beneficial to ourselves as individuals AND beneficial and productive to the whole of our global society.

          P.S. I would like to give you MANY thumbs up for your previous comment, and unfortunately, I've maxed out for you this week! Sending you a smile and a hug:>)
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      Nov 7 2012: I think you will find some food for thought in this article on corruption and greed. http://articles.timesofindia.indiatimes.com/2011-09-19/edit-page/30175385_1_desire-corruption-greed

      If we reduce our own greed then corruption can be reduced and nearly eliminated from this world.

      Cheers.
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    Nov 6 2012: I believe corruption is created by society and not by man. One man by himself on earth can not be corrupted, but with two men on earth they are both corrupted in some means to each other. I believe that as a group, all man is corrupted, and its the power they hold in how their corruption influences an individual or individuals life. It is mostly a moral issue unless it involves direct force to physically hurt or steal property. I believe that man should take responsibility of his own emotions and control him self, Man can be offend to easy by words and actions that don't involve him. To control a society with talk police, we wouldn't be able to have this conversation right now, because it might offend somebody. "Bullying" with kids might be different situation consider they are not adults and they make irrational decisions. Everybody has different "Morals" and to say who is right and who is wrong is just wrong. My thoughts comes from a definition from Webster dictionary, Corruption: impairment of integrity, virtue, or moral principle.
    "Power corrupts; absolute power corrupts absolutely" - John Emerich Edward Dalberg Acton
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    Nov 5 2012: I believe corruption is a legal issue and not a moral one. Different people have different morals hence defining corruption on the basis of morals would be wrong. Corruption should be dealt with legally and should be curbed at the roots it could mainly begin by raising your voice against wrong pratices and changing ourselves first
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    Nov 5 2012: I believe corruption is both moral and legal issue. Legislation used to be employed for corruption maintenance.
  • Nov 5 2012: Yes, religion and politics do not go together:)

    http://beatastasak.hubpages.com/hub/Has-Capitalism-destroyed-human-compassion