Corruption and Criminal Justice


Corruption and Criminal Justice

Bridging Economic and Legal Perspectives

9781784715977 Edward Elgar Publishing
Tina Søreide, Professor of Law and Economics, Department of Accounting, Auditing and Law, Norwegian School of Economics, Norway
Publication Date: April 2016 ISBN: 978 1 78471 597 7 Extent: 288 pp
The author addresses the role of criminal justice in anti-corruption by investigating assumptions in the classic law and economics approach and debating the underlying criteria for an efficient criminal justice system. Drawing on real life challenges from the policy world, the book combines insights from the literature with updated knowledge about practical law enforcement constraints. Political and administrative incentive problems, which may hinder the implementation of efficient solutions, are presented and debated.

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Criminal law efficiency is a concept often referred to but seldom defined. Clarity, the author argues, is necessary for finding practical solutions to fundamental challenges in this area of law, especially with the criminal justice system itself at risk.

Tina Søreide offers views in contrast to mainstream ideas on optimal criminal law responses to corruption, with emphasis on the fundamental role of the criminal justice system in the fight against corruption, and the effect this can have on other mechanisms in society. Her analysis explains the concept of criminal law efficiency through economic approaches and why many criminal law responses to corruption are at risk of becoming ‘façade strategies’ that may, in fact facilitate corruption.

Corruption and Criminal Justice offers insights into the obstacles that policymakers and government advisors cannot ignore. It serves as an invaluable resource for advanced students and academics interested in law, economics, and large corporations.

Critical Acclaim
‘This book is a rigorous attempt to address the problem of corruption by using various methodologies and perspectives. Among other innovative mechanisms, Søreide proposes to extend responsibility to those who benefit indirectly from corruption. She also suggests extending the duties of private actors to help the government in addressing corruption. She discusses the nature of sanctions and she proposes empowering courts to debar suppliers for public contracts. Søreide''s analysis is careful, attentive to the evidence, and provides practical solutions to some of the most difficult challenges facing contemporary societies. This book should be read and influence theorists, economists, lawyers, government officials and policymakers.’
– Alon Harel, The Hebrew University of Jerusalem, Israel
Contents: PART 1 THE PROBLEM AND ITS CONSEQUENCES 1. Introduction 2. The Causes and Consequences of Corruption 3. Practical Obstacles to Efficient Criminal Law Enforcement PART 2 FUNDAMENTAL CHALLENGES AND THE WAY FORWARD 4. Economic Reasoning on Corruption 5. Principles Versus Pragmatism in Law Enforcement Systems 6. The Law Enforcement Environment at the National and International Level Index

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