Corruptio Legis: Law as a Cause of Systemic Corruption. Comparative Perspectives and Remedies Also for the Post-Brexit Commonwealth

Proceedings of 6th Annual International Conference on Law, Regulations and Public Policy (LRPP 2017), 5-6 June 2017, Singapore (2017) 189-197

9 Pages Posted: 8 Aug 2018  

Lorenzo Pasculli

Kingston University - School of Law, Social and Behavioural Sciences; Imperial College London - Centre for Languages, Culture and Communication; Coventry University - Coventry Law School

Date Written: April 4, 2017

Abstract

Law, as a set of sources including legislation, administrative regulations, custom, and judicial decisions, is one of the causes of systemic corruption, intended as the generalised practice of various forms of abuse of entrusted power for private gain as part of the culture and the institutional system of a country. This paper assesses the validity of the outcomes of the most significant research conducted in Europe on the unintended criminogenic effects of legislation and the viability of the mechanism of legislative crime proofing developed for EU law in the particular legal context of Commonwealth countries. The first objective is to offer some original theoretical perspectives and practical solutions, and, particularly, to develop a comprehensive, principled strategy capable of suiting the most disparate legal systems. A secondary objective of this paper is to stimulate further discussion and research on the crime and corruption risks of the law, as a necessary step towards the elimination of systemic corruption.

Keywords: Systemic Corruption, Law, Lawmaking, Legislation, Regulation, Crime Proofing, Risk Assessment, Commonwealth

JEL Classification: K, K14, K4, K42

Suggested Citation

Pasculli, Lorenzo, Corruptio Legis: Law as a Cause of Systemic Corruption. Comparative Perspectives and Remedies Also for the Post-Brexit Commonwealth (April 4, 2017). Proceedings of 6th Annual International Conference on Law, Regulations and Public Policy (LRPP 2017), 5-6 June 2017, Singapore (2017) 189-197 . Available at SSRN: https://ssrn.com/abstract=3216442

Lorenzo Pasculli (Contact Author)

Kingston University - School of Law, Social and Behavioural Sciences ( email )

United Kingdom

HOME PAGE: http://https://www.kingston.ac.uk/staff/profile/dr-lorenzo-pasculli-351/

Imperial College London - Centre for Languages, Culture and Communication ( email )

South Kensington Campus
Exhibition Road
London, Greater London SW7 2AZ
United Kingdom

HOME PAGE: http://www.imperial.ac.uk/horizons

Coventry University - Coventry Law School ( email )

Priory Street
Coventry, CV1 5FB
United Kingdom

HOME PAGE: http://https://www.coventry.ac.uk/study-at-coventry/faculties-and-schools/coventry-law-school/

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