Transparency and Corruption: A General Analysis

29 Pages Posted: 14 Feb 2018 Last revised: 20 Feb 2018

See all articles by Michael D. Gilbert

Michael D. Gilbert

University of Virginia School of Law

Date Written: February 1, 2018

Abstract

This essay makes two claims: transparency in government causes the very corruption it aims to prevent, and the problem is universal. Some scholars, mostly philosophers and social scientists, appreciate the first point, but it has not caught on in law. Legal debates — on campaign finance, for example — proceed almost universally on the assumption that transparency deters corruption. Few people, if any, seem to appreciate the second point. Scholars see the corruptive potential of transparency in specific settings, like open ballots. In fact, the problem is general, extending from campaign finance to FOIA and beyond. Efforts to dampen corruption with transparency usually threaten to promote it. The source of the problem is easy to explain. Corruption requires bargaining. By sharing information, transparency lowers the transaction costs of corrupt bargaining.

Keywords: Corruption, extortion, disclosure, transparency, open voting, campaign finance, open meetings, FOIA

Suggested Citation

Gilbert, Michael, Transparency and Corruption: A General Analysis (February 1, 2018). University of Chicago Legal Forum, Forthcoming; Virginia Public Law and Legal Theory Research Paper No. 2018-09; Virginia Law and Economics Research Paper No. 2018-03. Available at SSRN: https://ssrn.com/abstract=3123301

Michael Gilbert (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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