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Corruption as contrary to the rules and regulations of public
office
Social scientists commonly use the rules and regulations applicable to public
office-holders as a starting point when defining corruption. Corrupt
behaviour, according to this perspective, entails violating the rules related to
an official position. Many of these definitions thereby proceed from a legal
perspective, implying that the concept of corruption refers to behaviour
forbidden by law. These definitions also make a clear distinction between
the official role of a person, on the one hand, and the private role, on the
other, highlighting that it is behaviour within the framework of the former
that is to be taken into account when determining whether an act constitutes
corruption or not.19 One frequently quoted definition within this category is
that by Joseph Nye, who regards corruption as “behavior which deviates
from the formal duties of a public role because of private regarding
(personal, close family, private clique) pecuniary or status-gains; or violates
rules against the exercise of certain types of private-regarding influence”20.
This definition will be discussed in greater detail in chapter 2.1.3.
Public office-centred definitions have been praised as well as criticized. On
the one hand, they are lauded for their (i) relative stability over time and (ii)
clarity with regards to distinguishing between corrupt and non-corrupt behaviour
in that the legislative framework or the set of rules applied determine
whether an act constitutes corruption or not.21 Such clarity and stability
may, however, be an illusion in that the rules related to public roles, and
the relationships between public officials and private interests keep
changing, as pointed out by Johnston.22
Public office-centred definitions have also been criticized on other accounts.
Definitions which proceed from a legal perspective are often regarded as
narrow, thereby including only the most visible or condemnable types of
corrupt behaviour, oftentimes excluding types of behaviour, which ordinary
citizens commonly regarded as corrupt.23 The types of corruption included
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