Roger W. Shuy
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195181661
- eISBN:
- 9780199788477
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181661.001.0001
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This book describes and illustrates eleven powerful conversational strategies used by undercover police officers and cooperating witnesses who secretly tape-record targets in criminal investigations. ...
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This book describes and illustrates eleven powerful conversational strategies used by undercover police officers and cooperating witnesses who secretly tape-record targets in criminal investigations. Twelve actual criminal case studies are used as examples. These strategies creating illusion of guilt include the apparently deliberate use of semantic ambiguity, blocking the targets’ words (by creating static on the tape, interrupting them, speaking on their behalf, and manipulating the off/on switch); rapidly changing the subject before targets can respond (the “hit and run” strategy); contaminating the tape with irrelevant information that can make targets appear to be guilty; camouflaging illegality by making actions appear to be legal; isolating targets from important information that they need in order to make informed choices; inaccurately restating things the target has said; withholding crucial information from targets; lying to targets about critical information; and scripting targets in what to say on tape. These conversational strategies gain power from the fact that the targets do not know that they are being recorded, and often let things go right by them during the discourse. Nor do they know that the real audience of the conversations consists of later jury listeners, who do not know the full context of these conversations. Unlike everyday, unrecorded conversation, the most critical listening takes place at a future time and under very different circumstances. It is shown that undercover officers and their cooperating witnesses make use of essentially the same conversational strategies.Less
This book describes and illustrates eleven powerful conversational strategies used by undercover police officers and cooperating witnesses who secretly tape-record targets in criminal investigations. Twelve actual criminal case studies are used as examples. These strategies creating illusion of guilt include the apparently deliberate use of semantic ambiguity, blocking the targets’ words (by creating static on the tape, interrupting them, speaking on their behalf, and manipulating the off/on switch); rapidly changing the subject before targets can respond (the “hit and run” strategy); contaminating the tape with irrelevant information that can make targets appear to be guilty; camouflaging illegality by making actions appear to be legal; isolating targets from important information that they need in order to make informed choices; inaccurately restating things the target has said; withholding crucial information from targets; lying to targets about critical information; and scripting targets in what to say on tape. These conversational strategies gain power from the fact that the targets do not know that they are being recorded, and often let things go right by them during the discourse. Nor do they know that the real audience of the conversations consists of later jury listeners, who do not know the full context of these conversations. Unlike everyday, unrecorded conversation, the most critical listening takes place at a future time and under very different circumstances. It is shown that undercover officers and their cooperating witnesses make use of essentially the same conversational strategies.
R.A. Duff and Stuart Green (eds)
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780199269228
- eISBN:
- 9780191710100
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199269228.001.0001
- Subject:
- Law, Criminal Law and Criminology
This collection of essays, tackles a range of issues about the criminal law's ‘special part’ — the part of the criminal law that defines specific offences. One of its aims is to show the importance, ...
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This collection of essays, tackles a range of issues about the criminal law's ‘special part’ — the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part that usually receives much more theoretical attention. Some of the issues covered concern the proper scope of the criminal law, for example how far should it include offences of possession, or endangerment? If it should punish only wrongful conduct, how can it justly include so-called ‘mala prohibita’, which are often said to involve conduct that is not wrongful prior to its legal prohibition? Other issues concern the ways in which crimes should be classified. Can we make plausible sense, for instance, of the orthodox distinction between crimes of basic and general intent? Should domestic violence be defined as a distinct offence, distinguished from other kinds of personal violence? Also examined are the ways in which specific offences should be defined, to what extent those definitions should identify distinctive types of wrongs, and the light that such definitional questions throw on the grounds and structures of criminal liability. Such issues are discussed in relation to murder, rape, theft and other property offences, bribery, endangerment, and possession.Less
This collection of essays, tackles a range of issues about the criminal law's ‘special part’ — the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part that usually receives much more theoretical attention. Some of the issues covered concern the proper scope of the criminal law, for example how far should it include offences of possession, or endangerment? If it should punish only wrongful conduct, how can it justly include so-called ‘mala prohibita’, which are often said to involve conduct that is not wrongful prior to its legal prohibition? Other issues concern the ways in which crimes should be classified. Can we make plausible sense, for instance, of the orthodox distinction between crimes of basic and general intent? Should domestic violence be defined as a distinct offence, distinguished from other kinds of personal violence? Also examined are the ways in which specific offences should be defined, to what extent those definitions should identify distinctive types of wrongs, and the light that such definitional questions throw on the grounds and structures of criminal liability. Such issues are discussed in relation to murder, rape, theft and other property offences, bribery, endangerment, and possession.
Roger W. Shuy
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195181661
- eISBN:
- 9780199788477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181661.003.0009
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
In a successful drug sting operation against Paul Manziel’s brother, Bobby Joe Manziel, one tape recording gave law enforcement a clue that Paul may be involved in an unrelated bribery event. The ...
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In a successful drug sting operation against Paul Manziel’s brother, Bobby Joe Manziel, one tape recording gave law enforcement a clue that Paul may be involved in an unrelated bribery event. The undercover cooperating witness then turned his attention to Paul, using recording strategies in which he manipulated the tape recorder and otherwise contaminated the evidence to the extent that the case had to be dismissed before trial.Less
In a successful drug sting operation against Paul Manziel’s brother, Bobby Joe Manziel, one tape recording gave law enforcement a clue that Paul may be involved in an unrelated bribery event. The undercover cooperating witness then turned his attention to Paul, using recording strategies in which he manipulated the tape recorder and otherwise contaminated the evidence to the extent that the case had to be dismissed before trial.
Paul Maddrell
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199267507
- eISBN:
- 9780191708404
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199267507.003.0008
- Subject:
- History, European Modern History
This chapter begins by discussing that until the mid-1950s, the principal targets of induced defection were the scientists, engineers, and technicians deported to the Soviet Union in the years 1945-8 ...
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This chapter begins by discussing that until the mid-1950s, the principal targets of induced defection were the scientists, engineers, and technicians deported to the Soviet Union in the years 1945-8 who were returned to their homeland between 1949 and 1958 in a series of transports that the SED officials who met them called the Spezialistenaktionen. It explains that in order to avoid defection, the Soviets adopted a policy of bribing the returnees to remain in the DDR and this was a job for the East German government. It adds that the government prized the returnees' skills by giving them lavish provisions. This chapter also discusses that defection was induced as a means of obtaining intelligence and diminishing scientific potential. It reveals the main target of the secret services was to recruit all skilled people working in the science and industry by putting more effort into induced defection.Less
This chapter begins by discussing that until the mid-1950s, the principal targets of induced defection were the scientists, engineers, and technicians deported to the Soviet Union in the years 1945-8 who were returned to their homeland between 1949 and 1958 in a series of transports that the SED officials who met them called the Spezialistenaktionen. It explains that in order to avoid defection, the Soviets adopted a policy of bribing the returnees to remain in the DDR and this was a job for the East German government. It adds that the government prized the returnees' skills by giving them lavish provisions. This chapter also discusses that defection was induced as a means of obtaining intelligence and diminishing scientific potential. It reveals the main target of the secret services was to recruit all skilled people working in the science and industry by putting more effort into induced defection.
Matthew Cragoe
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780198207542
- eISBN:
- 9780191716737
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198207542.003.0005
- Subject:
- History, British and Irish Modern History
Throughout the period between the First and Third Reform Acts, politics was ultimately about issues. However, turning these views into votes, and votes into electoral majorities was a highly complex ...
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Throughout the period between the First and Third Reform Acts, politics was ultimately about issues. However, turning these views into votes, and votes into electoral majorities was a highly complex and time-consuming business. The hard annual graft of voter registration reviewed in the last chapter was only the first step, and enormous additional effort was required to ensure that the registered electorate turned out on polling day. This chapter focuses on the processes involved and investigates three particular aspects of the campaign. The chapter begins by examining the essential elements of preparation undertaken by the parties, from finding themselves a candidate to organizing their canvass. It then examines the business of the canvass itself, and the role played by bribery and corruption in securing the support of the more unprincipled voters. After the campaign had ended, there was a long clearing-up process as bills relating to the contest were scrutinized and discharged: the final section of the chapter reviews the costs of electioneering.Less
Throughout the period between the First and Third Reform Acts, politics was ultimately about issues. However, turning these views into votes, and votes into electoral majorities was a highly complex and time-consuming business. The hard annual graft of voter registration reviewed in the last chapter was only the first step, and enormous additional effort was required to ensure that the registered electorate turned out on polling day. This chapter focuses on the processes involved and investigates three particular aspects of the campaign. The chapter begins by examining the essential elements of preparation undertaken by the parties, from finding themselves a candidate to organizing their canvass. It then examines the business of the canvass itself, and the role played by bribery and corruption in securing the support of the more unprincipled voters. After the campaign had ended, there was a long clearing-up process as bills relating to the contest were scrutinized and discharged: the final section of the chapter reviews the costs of electioneering.
Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.003.0012
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explores the potential future developments of the misrepresentation economic torts: deceit, malicious falsehood, and passing off. Deceit and its satellite actions — the action for ...
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This chapter explores the potential future developments of the misrepresentation economic torts: deceit, malicious falsehood, and passing off. Deceit and its satellite actions — the action for bribery and the actions for dishonest assistance — though useful play a limited role in the legal control of economic activity. However, there are possible areas of expansion revealed for the torts of malicious falsehood and passing off that could edge the common law liability closer to a more generalised unfair competition action. This is particularly the case with the tort of passing off: either it could become a more generalised tort of commercial misrepresentation or even transform from a misrepresentation tort into one that protects valuable intangibles.Less
This chapter explores the potential future developments of the misrepresentation economic torts: deceit, malicious falsehood, and passing off. Deceit and its satellite actions — the action for bribery and the actions for dishonest assistance — though useful play a limited role in the legal control of economic activity. However, there are possible areas of expansion revealed for the torts of malicious falsehood and passing off that could edge the common law liability closer to a more generalised unfair competition action. This is particularly the case with the tort of passing off: either it could become a more generalised tort of commercial misrepresentation or even transform from a misrepresentation tort into one that protects valuable intangibles.
Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.003.0009
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explores the history and ingredients of this tort. The limited application of the tort of deceit to any allegation centred on unfair competition is assessed (given it is a two-party ...
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This chapter explores the history and ingredients of this tort. The limited application of the tort of deceit to any allegation centred on unfair competition is assessed (given it is a two-party tort) as is the fact that it is largely overshadowed by liability for negligent misstatement. However, despite this classic view of the tort, the chapter also explores how liability related to the tort may have a role to play in a three-party scenario. So lies told to third parties may constitute the unlawful means in the unlawful means tort and ‘fraud’ may be the focus of liability in two actions related to the tort of deceit: the action for bribery of an agent and the action for dishonest assistance.Less
This chapter explores the history and ingredients of this tort. The limited application of the tort of deceit to any allegation centred on unfair competition is assessed (given it is a two-party tort) as is the fact that it is largely overshadowed by liability for negligent misstatement. However, despite this classic view of the tort, the chapter also explores how liability related to the tort may have a role to play in a three-party scenario. So lies told to third parties may constitute the unlawful means in the unlawful means tort and ‘fraud’ may be the focus of liability in two actions related to the tort of deceit: the action for bribery of an agent and the action for dishonest assistance.
Jean‐Jacques Laffont
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199248681
- eISBN:
- 9780191596575
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199248680.003.0003
- Subject:
- Economics and Finance, Microeconomics
The design of a complete Constitution is further augmented by focusing on the need for separation of powers to avoid regulatory capture. The economic concepts used are yardstick competition and ...
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The design of a complete Constitution is further augmented by focusing on the need for separation of powers to avoid regulatory capture. The economic concepts used are yardstick competition and Bayesian Nash behaviour. A number of models using different assumptions regarding separation between politicians and/or regulatory agencies are explored and an equilibrium involving excessive bribery is found to be robust. Additionally, the social costs of side‐contracting are shown to be limited by the separation of powers.Less
The design of a complete Constitution is further augmented by focusing on the need for separation of powers to avoid regulatory capture. The economic concepts used are yardstick competition and Bayesian Nash behaviour. A number of models using different assumptions regarding separation between politicians and/or regulatory agencies are explored and an equilibrium involving excessive bribery is found to be robust. Additionally, the social costs of side‐contracting are shown to be limited by the separation of powers.
Sheilagh Ogilvie
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780691137544
- eISBN:
- 9780691185101
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691137544.003.0001
- Subject:
- Economics and Finance, Economic History
This introductory chapter provides a brief history of guilds and an overview of the debate surrounding them. The effects of guilds on economy and society have always attracted controversy. ...
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This introductory chapter provides a brief history of guilds and an overview of the debate surrounding them. The effects of guilds on economy and society have always attracted controversy. Contemporaries held strong views about them, with guild members and their political allies extolling their virtues, while customers, employees, and competitors lamented their misdeeds. Modern scholars are also deeply divided on guilds. Some claim that guilds were so widespread and long-lived that they must have generated economic benefits. Other scholars take a darker view. Guilds, they hold, were in a position to extract benefits for their own members by acting as cartels, exploiting consumers; rationing access to human capital investment; stifling innovation; bribing governments for favours; harming outsiders such as women, Jews, and the poor; and redistributing resources to their members at the expense of the wider economy.Less
This introductory chapter provides a brief history of guilds and an overview of the debate surrounding them. The effects of guilds on economy and society have always attracted controversy. Contemporaries held strong views about them, with guild members and their political allies extolling their virtues, while customers, employees, and competitors lamented their misdeeds. Modern scholars are also deeply divided on guilds. Some claim that guilds were so widespread and long-lived that they must have generated economic benefits. Other scholars take a darker view. Guilds, they hold, were in a position to extract benefits for their own members by acting as cartels, exploiting consumers; rationing access to human capital investment; stifling innovation; bribing governments for favours; harming outsiders such as women, Jews, and the poor; and redistributing resources to their members at the expense of the wider economy.
Lawrence Stone
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198202547
- eISBN:
- 9780191675393
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202547.001.0001
- Subject:
- History, British and Irish Early Modern History
This book offers a set of detailed case studies about how the break-up and dissolution of marriages was contrived before the first Divorce Act in 1857. Individuals in their own words explain their ...
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This book offers a set of detailed case studies about how the break-up and dissolution of marriages was contrived before the first Divorce Act in 1857. Individuals in their own words explain their actions and feelings about one another in dramatic court-room confrontations, while behind the scenes they were conducting secret negotiations, and offering massive bribes to witnesses either to commit perjury or to hold their tongues. These stories offer astonishing insights into many previously unknown aspects of marital life and marital breakdown in early modern England. They also provide sobering evidence of the huge gap between the enacted law and actual practice.Less
This book offers a set of detailed case studies about how the break-up and dissolution of marriages was contrived before the first Divorce Act in 1857. Individuals in their own words explain their actions and feelings about one another in dramatic court-room confrontations, while behind the scenes they were conducting secret negotiations, and offering massive bribes to witnesses either to commit perjury or to hold their tongues. These stories offer astonishing insights into many previously unknown aspects of marital life and marital breakdown in early modern England. They also provide sobering evidence of the huge gap between the enacted law and actual practice.
Paul Langford
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198205340
- eISBN:
- 9780191676574
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198205340.003.0005
- Subject:
- History, British and Irish Early Modern History
This chapter focuses on the accommodations made by the gentry, in terms of the governing responsibility, tax liability, and distinctive economic interests of the landowning class. It also shows how ...
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This chapter focuses on the accommodations made by the gentry, in terms of the governing responsibility, tax liability, and distinctive economic interests of the landowning class. It also shows how traditional wisdom dictated the superiority of real property over personal property in Great Britain during the 18th century. The legislature and the Treasury turned to taxing middle-class incomes and property in their attempts to cope with the tide of wartime borrowing. At the time of the general election of 1768 transfers were condemned as being even worse than the bribery which was being conducted by the wealthy. A property qualification in land was one of the central principles of the Militia Act. In 1779, much effort was devoted to making the militia the focus of national pride. Probably the most important achievement was to separate the sensibilities of the landowner from party politics.Less
This chapter focuses on the accommodations made by the gentry, in terms of the governing responsibility, tax liability, and distinctive economic interests of the landowning class. It also shows how traditional wisdom dictated the superiority of real property over personal property in Great Britain during the 18th century. The legislature and the Treasury turned to taxing middle-class incomes and property in their attempts to cope with the tide of wartime borrowing. At the time of the general election of 1768 transfers were condemned as being even worse than the bribery which was being conducted by the wealthy. A property qualification in land was one of the central principles of the Militia Act. In 1779, much effort was devoted to making the militia the focus of national pride. Probably the most important achievement was to separate the sensibilities of the landowner from party politics.
Paul Bew
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780199561261
- eISBN:
- 9780191701832
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561261.003.0002
- Subject:
- History, British and Irish Modern History, Political History
The interpretation of the 1798 rebellion became a key battleground; for hard-line Protestants, it became a matter of necessity to insist that the rebellion was inspired by visceral Catholic ...
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The interpretation of the 1798 rebellion became a key battleground; for hard-line Protestants, it became a matter of necessity to insist that the rebellion was inspired by visceral Catholic sectarianism. The objective of British policy was to create an armed nation with loyal Catholic support. Prime Minister William Pitt was always explicit about the strategic considerations involved in the Anglo–Irish relationship. However, Pitt's plans to link Catholic emancipation to the union were dropped by an unusually determined King — backed by the Church of England — Pitt and his allies were forced to abandon the linkage and resign from government on 3 February 1801. In Ireland, a sense of resentment began to intensify. English hypocrisy was too visible. It was a sense of British indifference which threatened to undermine the union.Less
The interpretation of the 1798 rebellion became a key battleground; for hard-line Protestants, it became a matter of necessity to insist that the rebellion was inspired by visceral Catholic sectarianism. The objective of British policy was to create an armed nation with loyal Catholic support. Prime Minister William Pitt was always explicit about the strategic considerations involved in the Anglo–Irish relationship. However, Pitt's plans to link Catholic emancipation to the union were dropped by an unusually determined King — backed by the Church of England — Pitt and his allies were forced to abandon the linkage and resign from government on 3 February 1801. In Ireland, a sense of resentment began to intensify. English hypocrisy was too visible. It was a sense of British indifference which threatened to undermine the union.
Stuart H. Deming
- Published in print:
- 2014
- Published Online:
- August 2014
- ISBN:
- 9780199737710
- eISBN:
- 9780199363070
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199737710.003.0001
- Subject:
- Law, Private International Law, Comparative Law
The legal regimes adopted and being implemented by parties to the OECD Convention flow from a common framework. Yet even when the anti-bribery legal regimes are virtually identical, the differences ...
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The legal regimes adopted and being implemented by parties to the OECD Convention flow from a common framework. Yet even when the anti-bribery legal regimes are virtually identical, the differences can still be significant in the context of a range of factors that are unique to each legal system. Moreover, enforcement of a single prohibition is not the only means by which improper inducements to foreign public officials are being deterred. A series of seemingly collateral legal regimes of a more general nature – such as relating to private bribery or commercial bribery, money laundering, record-keeping practices, and internal controls – may also be applied in enhancing the effectiveness of the prohibitions. In many instances, these corresponding legal regimes may serve as an even more effective means of deterrence as well as an important consideration in implementing effective compliance programs. The Overview also introduces the FCPA and the UK Bribery Act.Less
The legal regimes adopted and being implemented by parties to the OECD Convention flow from a common framework. Yet even when the anti-bribery legal regimes are virtually identical, the differences can still be significant in the context of a range of factors that are unique to each legal system. Moreover, enforcement of a single prohibition is not the only means by which improper inducements to foreign public officials are being deterred. A series of seemingly collateral legal regimes of a more general nature – such as relating to private bribery or commercial bribery, money laundering, record-keeping practices, and internal controls – may also be applied in enhancing the effectiveness of the prohibitions. In many instances, these corresponding legal regimes may serve as an even more effective means of deterrence as well as an important consideration in implementing effective compliance programs. The Overview also introduces the FCPA and the UK Bribery Act.
Roslyn Weiss
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780195116847
- eISBN:
- 9780199833832
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195116844.003.0004
- Subject:
- Philosophy, Ancient Philosophy
Socrates' reasons for remaining in prison appeal to old logoi, to principles that affirm the value of justice, the greater importance of the soul as compared with the body, and hence the lesser evil ...
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Socrates' reasons for remaining in prison appeal to old logoi, to principles that affirm the value of justice, the greater importance of the soul as compared with the body, and hence the lesser evil of death as compared with injustice. Socrates' reasons for not escaping are made explicit before the Laws make their speech. Because escape defies the will of the Athenians, it requires stealth and bribery, shameful practices that are unjustified in the current situation. By escaping, Socrates will hurt himself and his friends insofar as they will be compelled to engage in practices whose injustice will harm their souls. Moreover, he will violate his just agreement with the city of Athens to abide by his penalty.Less
Socrates' reasons for remaining in prison appeal to old logoi, to principles that affirm the value of justice, the greater importance of the soul as compared with the body, and hence the lesser evil of death as compared with injustice. Socrates' reasons for not escaping are made explicit before the Laws make their speech. Because escape defies the will of the Athenians, it requires stealth and bribery, shameful practices that are unjustified in the current situation. By escaping, Socrates will hurt himself and his friends insofar as they will be compelled to engage in practices whose injustice will harm their souls. Moreover, he will violate his just agreement with the city of Athens to abide by his penalty.
A.G. Noorani
- Published in print:
- 2006
- Published Online:
- October 2012
- ISBN:
- 9780195678291
- eISBN:
- 9780199080588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195678291.003.0044
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the legal aspects concerning the bribery of Members of the Legislative Assembly (MLA) and Members of Parliament (MP) in India. Under the Prevention of Corruption Act 1988, it ...
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This chapter discusses the legal aspects concerning the bribery of Members of the Legislative Assembly (MLA) and Members of Parliament (MP) in India. Under the Prevention of Corruption Act 1988, it is not an offence to bribe an MLA or MP. This was not so even under Prevention of Corruption Act 1947. These acts were enacted to penalize the offer to and receipt or demand of a bribe by a minister, a civil servant, or a voter as these were considered public servants. However, a Constitution bench of five judges to the Supreme Court ruled in 1984 that MLA is not a public servant and not covered by anti-corruption law. In addition, the Salmon Commission held that an MLA does not perform a public duty and that membership of parliament does not constitute public office for the purposes of the common law.Less
This chapter discusses the legal aspects concerning the bribery of Members of the Legislative Assembly (MLA) and Members of Parliament (MP) in India. Under the Prevention of Corruption Act 1988, it is not an offence to bribe an MLA or MP. This was not so even under Prevention of Corruption Act 1947. These acts were enacted to penalize the offer to and receipt or demand of a bribe by a minister, a civil servant, or a voter as these were considered public servants. However, a Constitution bench of five judges to the Supreme Court ruled in 1984 that MLA is not a public servant and not covered by anti-corruption law. In addition, the Salmon Commission held that an MLA does not perform a public duty and that membership of parliament does not constitute public office for the purposes of the common law.
A.G. Noorani
- Published in print:
- 2006
- Published Online:
- October 2012
- ISBN:
- 9780195678291
- eISBN:
- 9780199080588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195678291.003.0046
- Subject:
- Law, Constitutional and Administrative Law
This chapter criticises the Indian Supreme Court's April 1998 decision in the Jharkand Mukti Morcha case P.V. Narasimha Rao v State, which held that legislators who take bribes enjoy constitutional ...
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This chapter criticises the Indian Supreme Court's April 1998 decision in the Jharkand Mukti Morcha case P.V. Narasimha Rao v State, which held that legislators who take bribes enjoy constitutional protection from prosecution for their crimes. This case was decided by Justices S. C. Agrawal, A. S. Anand, S. P. Bharucha, S. Rajendra Babu, and G. N. Ray. The chapter argues against the opinion of Justice Bharucha and suggests that he has gratuitously ventured into a highly complex and controversial field of parliamentary privilege which has a direct bearing on press freedom. It also reviews related rulings in the U.S. and Great Britain.Less
This chapter criticises the Indian Supreme Court's April 1998 decision in the Jharkand Mukti Morcha case P.V. Narasimha Rao v State, which held that legislators who take bribes enjoy constitutional protection from prosecution for their crimes. This case was decided by Justices S. C. Agrawal, A. S. Anand, S. P. Bharucha, S. Rajendra Babu, and G. N. Ray. The chapter argues against the opinion of Justice Bharucha and suggests that he has gratuitously ventured into a highly complex and controversial field of parliamentary privilege which has a direct bearing on press freedom. It also reviews related rulings in the U.S. and Great Britain.
Stuart H. Deming
- Published in print:
- 2014
- Published Online:
- August 2014
- ISBN:
- 9780199737710
- eISBN:
- 9780199363070
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199737710.001.0001
- Subject:
- Law, Private International Law, Comparative Law
This book provides a comprehensive analysis of the foreign bribery laws, and related laws and regulations, in all of the major common law jurisdictions. For Australia, Canada, Ireland, New Zealand, ...
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This book provides a comprehensive analysis of the foreign bribery laws, and related laws and regulations, in all of the major common law jurisdictions. For Australia, Canada, Ireland, New Zealand, South Africa, the United Kingdom, and the United States, the critical factors associated with the laws that are applied to bribery in foreign settings are explained and analyzed. Given the extent of their extraterritorial reach, the Foreign Corrupt Practices Act (“FCPA”), the UK Bribery Act, and the official guidance associated with each are extensively addressed along with the related legal obligations related to record-keeping practices and maintaining adequate internal controls and effective compliance programs. Within the same framework, the foreign bribery legislation in the other major common law jurisdictions—Australia, Canada, Ireland, New Zealand, and South Africa—are similarly addressed. For each jurisdiction, careful attention is given to laws that may expose an individual or entity to private or commercial bribery in foreign settings as well as to the application of laws relating to money laundering and accounting and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organization.Less
This book provides a comprehensive analysis of the foreign bribery laws, and related laws and regulations, in all of the major common law jurisdictions. For Australia, Canada, Ireland, New Zealand, South Africa, the United Kingdom, and the United States, the critical factors associated with the laws that are applied to bribery in foreign settings are explained and analyzed. Given the extent of their extraterritorial reach, the Foreign Corrupt Practices Act (“FCPA”), the UK Bribery Act, and the official guidance associated with each are extensively addressed along with the related legal obligations related to record-keeping practices and maintaining adequate internal controls and effective compliance programs. Within the same framework, the foreign bribery legislation in the other major common law jurisdictions—Australia, Canada, Ireland, New Zealand, and South Africa—are similarly addressed. For each jurisdiction, careful attention is given to laws that may expose an individual or entity to private or commercial bribery in foreign settings as well as to the application of laws relating to money laundering and accounting and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organization.
Kevin E. Davis
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190070809
- eISBN:
- 9780190070830
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190070809.001.0001
- Subject:
- Law, Public International Law
Between Impunity and Imperialism: The Regulation of Transnational Bribery describes the legal regime that regulates transnational bribery, identifies and explains the rationales that have guided its ...
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Between Impunity and Imperialism: The Regulation of Transnational Bribery describes the legal regime that regulates transnational bribery, identifies and explains the rationales that have guided its evolution, and suggests directions for reform. The broad argument is that the current regime embodies a set of values, theories, and practices labeled the “OECD paradigm.” A key premise is that transnational bribery is a serious problem which merits a vigorous legal response, particularly given the difficulty of detecting instances of bribery. The shape of the appropriate response can be summed up in the phrase, “every little bit helps.” In practice this means that: prohibitions should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many enforcement agencies as possible should be involved in the enforcement process. The OECD paradigm embraces two interrelated propositions: that transnational bribery is a serious problem and that it demands a uniform response. An important challenge to the OECD paradigm, labeled the “anti-imperialist critique,” accepts that transnational bribery is a serious problem but denies that the appropriate legal responses must be uniform. This book explores both the OECD paradigm and the anti-imperialist critique, and provides a detailed analysis of their implications for the key elements of transnational bribery law. It concludes by suggesting that the competing views can be reconciled by moving toward a more inclusive and experimentalist regime which accommodates reasonable disagreements about regulatory design and is crafted with due attention to the interests of all affected parties.Less
Between Impunity and Imperialism: The Regulation of Transnational Bribery describes the legal regime that regulates transnational bribery, identifies and explains the rationales that have guided its evolution, and suggests directions for reform. The broad argument is that the current regime embodies a set of values, theories, and practices labeled the “OECD paradigm.” A key premise is that transnational bribery is a serious problem which merits a vigorous legal response, particularly given the difficulty of detecting instances of bribery. The shape of the appropriate response can be summed up in the phrase, “every little bit helps.” In practice this means that: prohibitions should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many enforcement agencies as possible should be involved in the enforcement process. The OECD paradigm embraces two interrelated propositions: that transnational bribery is a serious problem and that it demands a uniform response. An important challenge to the OECD paradigm, labeled the “anti-imperialist critique,” accepts that transnational bribery is a serious problem but denies that the appropriate legal responses must be uniform. This book explores both the OECD paradigm and the anti-imperialist critique, and provides a detailed analysis of their implications for the key elements of transnational bribery law. It concludes by suggesting that the competing views can be reconciled by moving toward a more inclusive and experimentalist regime which accommodates reasonable disagreements about regulatory design and is crafted with due attention to the interests of all affected parties.
James Heinzen
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780300175257
- eISBN:
- 9780300224764
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300175257.001.0001
- Subject:
- History, Russian and Former Soviet Union History
Traditions of official corruption inherited from the Soviet and late Imperial eras have continued to touch Russian life since the collapse of the USSR. This study is the first archive-based, ...
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Traditions of official corruption inherited from the Soviet and late Imperial eras have continued to touch Russian life since the collapse of the USSR. This study is the first archive-based, historical study of bribery and corruption in the Soviet Union for this period. A study of the solicitation and offering of bribes forms the heart of this research. Bribery (vziatochnichestvo)—typically defined in law as gifts in cash or in kind intended to influence public officials to the benefit of the giver—represents the paradigmatic variety of corruption. This study takes a novel approach to the phenomenon of the bribe, examining it as an integral part of an unofficial yet essential series of relationships upon which much of Soviet society and state administration relied in order to function, as it gradually became part of the fabric of everyday life. The book examines three major, related themes. The book’s first theme, “The Landscape of Bribery,” concerns the nature and varieties of bribery, while painting a sociological portrait of the people involved. Whom did prosecutors accuse of such crimes? The second major topic addresses the regime’s attempts to understand the causes of bribery, and then to wipe it out through centrally directed anti-corruption “campaigns.” “The view from below,” which examines popular perceptions and understandings of bribery, constitutes the third dimension of the study. Focusing on bribery among police, court, and other law enforcement employees, this phase explores the imprecise and shifting line that separated “acceptable” from “unacceptable” behavior.Less
Traditions of official corruption inherited from the Soviet and late Imperial eras have continued to touch Russian life since the collapse of the USSR. This study is the first archive-based, historical study of bribery and corruption in the Soviet Union for this period. A study of the solicitation and offering of bribes forms the heart of this research. Bribery (vziatochnichestvo)—typically defined in law as gifts in cash or in kind intended to influence public officials to the benefit of the giver—represents the paradigmatic variety of corruption. This study takes a novel approach to the phenomenon of the bribe, examining it as an integral part of an unofficial yet essential series of relationships upon which much of Soviet society and state administration relied in order to function, as it gradually became part of the fabric of everyday life. The book examines three major, related themes. The book’s first theme, “The Landscape of Bribery,” concerns the nature and varieties of bribery, while painting a sociological portrait of the people involved. Whom did prosecutors accuse of such crimes? The second major topic addresses the regime’s attempts to understand the causes of bribery, and then to wipe it out through centrally directed anti-corruption “campaigns.” “The view from below,” which examines popular perceptions and understandings of bribery, constitutes the third dimension of the study. Focusing on bribery among police, court, and other law enforcement employees, this phase explores the imprecise and shifting line that separated “acceptable” from “unacceptable” behavior.
John K. Davies
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199253746
- eISBN:
- 9780191719745
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199253746.003.0019
- Subject:
- Classical Studies, Prose and Writers: Classical, Early, and Medieval
This chapter on the emergence of democracy in Greek antiquity distinguishes five scholarly approaches to the topic: via factuality, mentalities, ideologies, history of philosophy, or its ...
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This chapter on the emergence of democracy in Greek antiquity distinguishes five scholarly approaches to the topic: via factuality, mentalities, ideologies, history of philosophy, or its applicability to the present day. It argues that the system called ‘democracy’, far from being formulated as a desirable goal, emerged within societies already well furnished with institutions, doing so as an unplanned assemblage of responses to political crises. Responses were mostly directed towards preventing the recurrence of various system failures (e.g., tyranny and other usurpations of power, regionalism, embezzlement, bribery, and patronage) in ways which lacked any theoretical substrate but were embedded in long-standing social and legal habitus.Less
This chapter on the emergence of democracy in Greek antiquity distinguishes five scholarly approaches to the topic: via factuality, mentalities, ideologies, history of philosophy, or its applicability to the present day. It argues that the system called ‘democracy’, far from being formulated as a desirable goal, emerged within societies already well furnished with institutions, doing so as an unplanned assemblage of responses to political crises. Responses were mostly directed towards preventing the recurrence of various system failures (e.g., tyranny and other usurpations of power, regionalism, embezzlement, bribery, and patronage) in ways which lacked any theoretical substrate but were embedded in long-standing social and legal habitus.
