FILSAFAT KORUPSI - Direktori File UPI
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Let us now reiterate the hypothesis of the Personal Character of Corruption. The<br />
hypothesis is that, to be corrupt, an action must involve a corruptor who performs the<br />
action or a person who is corrupted by it. Of course, corruptor and corrupted need not<br />
necessarily be the same person, and indeed there need not be both a corruptor and a<br />
corrupted; all that is required is that there be a corruptor or a corrupted person.<br />
If a serviceable definition of the concept of a corrupt action is to be found – and<br />
specifically, one that does not collapse into the more general notion of an immoral<br />
action – then attention needs to be focussed on the moral effects that some actions have<br />
on persons and institutions. An action is corrupt only if it corrupts something or<br />
someone – so corruption is not only a moral concept, but also a causal or quasi-causal<br />
concept.<br />
8<br />
That is, an action is corrupt by virtue of having a corrupting effect on a<br />
person‟s moral character or on an institutional process or purpose. If an action has a<br />
corrupting effect on an institution, undermining institutional processes or purposes, then<br />
typically – but not necessarily - it has a corrupting effect also on persons qua role<br />
occupants in the affected institutions.<br />
In relation to the concept of institutional corruption, the second hypothesis states (as a<br />
necessary condition) that an action is corrupt only if it has the effect of undermining an<br />
institutional process or of subverting an institutional purpose or of despoiling the<br />
character of some role occupant qua role occupant. This hypothesis asserts the Causal<br />
Character of Corruption.<br />
7<br />
In fact there is an important exception to this that I discuss elsewhere. Note also that the corrupted are<br />
not necessarily morally responsible for being corrupted. I discuss these issues in detail in Miller “Concept<br />
of Corruption” op.cit.<br />
8<br />
This kind of account has ancient origins, e.g., in Aristotle. See Barry Hindess (2001).<br />
66<br />
Page 6<br />
Paper given at the international conference, Civil Society, Religion & Global Governance:<br />
Paradigms of Power & Persuasion, 1–2 September 2005, Canberra Australia<br />
6<br />
In this regard, note that an infringement of a specific law or institutional rule does not in<br />
and of itself constitute an act of institutional corruption. In order to do so, any such<br />
infringement needs to have an institutional effect, e.g., to defeat the institutional purpose<br />
of the rule, to subvert the institutional process governed by the rule, or to contribute to<br />
the despoiling of the moral character of the role occupant qua role occupant. In short,<br />
we need to distinguish between the offence considered in itself and the institutional<br />
effect of committing that offence. Considered in itself the offence of, say, lying is an<br />
infringement of a law, rule, and/or a moral principle. However, the offence is only an<br />
act of institutional corruption if it has some effect, e.g., it is performed in a courtroom<br />
setting and thereby subverts the judicial process.<br />
A further point to be made here is that an act that has a corrupting effect might not be a<br />
moral offence considered in itself. For example, a corporate officer who provides<br />
information that will enable an investor to buy shares cheaply before they rise in value<br />
might not a moral offence considered in itself. However, in this corporate setting it<br />
might constitute insider trading, and do institutional damage; as such, it may well be an<br />
act of corruption.