Corruption and the limits of
legal education
Sara Chandler
Nigel Duncan
Survey
An international survey to research:
Understanding of the nature of corruption, its causes
and the ways in which lawyers impact on it.
How best to prepare students to address it.
To date:
140 responses
32 jurisdictions
The Organisation for Economic Co-Operation and Development
definition of corruption is: 'The active or passive misuse of the
powers of Public Officials (appointed or elected) for private
financial or other benefits’.
Is this an adequate definition?
No
Yes
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
Corruption definition –
suggestions for development
• Private individuals should be included
• Corruption through non official channels eg abuse of
official position of a close relative
• Consider cultural framework of political community
• Creating an environment where corruption is trivialised
or encouraged through coercive means
• Corruption is a systemic phenomenon not just individual
• Include passive and system aspects, cultural connections
• Clashes of different systems produce different scales of
corruption.
• Corruption should not be limited to so called "private financial
benefits" because people justify their actions as not corrupt by
suggesting it is not just for their own private benefit.
• Acts leading, directly or indirectly, to impoverishment of other
citizens/ affecting development plans of the country/the fact of
injustice or illegality associated with it
• Corruption allows there to be two forms of rules - those that are the
formal codes (written or unwritten, customary or legal) and those
that take place under the table and often through, monetary or
otherwise, payments
• Rule of Law" can mean Rule of Western Law, in Western society
corruption undermines the collective agreed forms of behaviour
(expressed as rules and laws) of that society
• need for effective accountability of pay of public officials (BBC,
University Vice Chancellors, local authority Chief Execs etc)
Negative Consequences 1
Maintains or causes poverty
Maintains or causes denial of
opportunities
Negligible
Impedes w elfare reform
Minor
Serious
Impedes economic development
Very serious
Economic loss to individuals
Economic loss to government
0
10
20
30
40
50
60
Negative Consequences 2
Undermines the rule of law
Perpetuates undemocratic govt
Negligible
Promotes crime and exploitation
Minor
Serious
Breaches international rights
Very serious
Breaches statute law
Reinforces discrimination
0
10
20
30
40
50
60
70
80
Causes of corruption
Non-objective pub appts
Inadequate pay for pub off
Inadequate training of pub off
Public officials’ w ork culture
Irrelevant
Minor factor
General social culture
Moderate factor
Major factor
Economic inequality
Inadequate prof reg
Lack of NGO supervision
Inadequate prot leg
0
10
20
30
40
50
60
70
80
90
Roles for Lawyers
Regulating the profession
Career prosecutor or regulator
Pros/def accused of corrupt practices
Judging criminal corruption cases
Drafting contracts etc.
Response Count
Advising commercial enterprises
Rep individs affected by corruption
Advising govt on reg of enterprise
Advising govt on reg of pub off
Advising govt on legislation.
0
10
20
30
40
50
60
70
80
90
100
Issues / concepts to emphasise
Other (please specify below )
The scope and limits of statutes in controlling corruption
Impact of corruption on society and the economy
Roles of law yers in combating corruption
Not address
Include
Understanding and application of shared values
Emphasise
Perception or definition of corruption in absolute or relative terms
Impact of corruption upon the Rule of Law
Impact of corruption on the human rights of individuals
0
10
20
30
40
50
60
70
80
90 100
Other Issues and Concepts
• We need to recognise that the term "Rule of Law" can mean
something very specific to students, especially those from
emerging economies i.e the Rule of Western Law, the way
Western society runs itself. What we should emphasise with
students is that corruption undermines the collective agreed
forms of behaviour (expressed as rules and laws) of that
society. Corruption allows there to be two forms of rules those that are the formal codes (written or unwritten,
customary or legal) and those that take place under the table
and often through monetary or otherwise, payments
• the impact of corruption on reputation and trust relationships
as it can start in very subtle forms, then grow
Learning Methods
Other (please specify below )
Reflective diary
Irrelevant
Minor Importance
Clinical experience
Important
Very Important
Seminar
Lecture
0
10
20
30
40
50
60
70
80
Other suggestions for
Learning Methods
• Simulation such as role playing: clinical experience usually
difficult to realize.
• - Role play - 'what would you do...' scenarios (where the
student is a hypothetical in-house counsel, hypothetical
external legal adviser, hypothetical government legal adviser);
'is this corruption?' scenarios - with role plays followed by
small group discussion to debate the merits of alternative
approaches; case study analysis of real world corruption
issues (for example Stern Hu and Rio Tinto)
• Experiential learning through role plays and whistle-blowing
activities. To learn how to navigate and use the systems.
• Any naming and shaming activity. Encouraging SH lawsuits
against companies that facilitate corruption for waste.
Embarrassing public officials.
Contribute to the survey
https://www.surveymonkey.com/s/8VD9N35.
And contact us:
[email protected]
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