NCJ Number
57112
Date Published
1979
Length
286 pages
Annotation
THIS TEXT EXAMINES LEGISLATIVE AND JUDICIAL ATTITUDES AND RULINGS IN DOMESTIC TAX AND PRICE-FIXING CASES, DOMESTIC COMMERCIAL BRIBERY, KICKBACK, AND EXTORTION AND SUGGESTS THAT BRIBERY IS SOMETIMES NECESSARY AND LAWFUL.
Abstract
THE BOOK EXPLORES THE INTERRELATIONS OF THE MYTH SYSTEM AND OPERATIONAL CODE AS THEY PERTAIN TO BRIBERY. IN ANY SOCIETY, THE MYTH SYSTEM EXPRESSES ALL THE RULES AND PROHIBITIONS (THE 'RIGHTS' AND 'WRONGS' OF BEHAVIOR EXPRESSED WITHOUT NUANCES AND SHADINGS), AND THE OPERATIONAL CODE TELLS OPERATORS WHEN, BY WHOM, AND HOW CERTAIN 'WRONG' THINGS MAY BE DONE. IT DISCUSSES PRIVATE SYSTEMS OF PUBLIC LAW, HOW PERSONS WITH POWER FORMULATE THEIR OWN OPERATIONAL CODE, AND POPULAR AND ELITIST RESPONSES TO DISCREPANCIES BETWEEN THE MYTH SYSTEM OF HOW SOCIETY'S INSTITUTIONS SHOULD OPERATE AND HOW THEY DO, IN FACT, OPERATE. TOLERATION OF BRIBERY IN THREE OF THE MAJOR AND INTERLOCKING MYTH SYSTEMS OF CONTEMPORARY LIFE--THE AMERICAN SYSTEM OF COMMERCE AND TRADE, THE MODERN REPRESENTATIONAL GOVERNMENT, AND THE NATION-STATE SYSTEM--IS DISCUSSED. THREE BASIC BRIBE VARIETIES ARE CONSIDERED UNDER OPERATIONAL CODES AND BRIBERY--TRANSACTION BRIBES (PAYMENTS ROUTINELY AND USUALLY IMPERSONALLY MADE TO A PUBLIC OFFICIAL TO SECURE OR ACCELERATE THE PERFORMANCE OF THAT PERSON'S PRESCRIBED FUNCTION), VARIANCE BRIBES (PAYMENT TO SECURE THE SUSPENSION OR NONAPPLICATION OF A NORM TO A CASE WHERE THE APPLICATION WOULD OTHERWISE BE APPROPRIATE), AND OUTRIGHT PURCHASES (PAYMENT TO ACQUIRE AN EMPLOYEE WHO REMAINS IN PLACE IN AN ORGANIZATION TO WHICH HE OR SHE APPEARS TO PAY FULL LOYALTY WHILE ACTUALLY FAVORING THE BRIBER'S CONFLICTING INTEREST). FORMS AND CAUSES OF CAMPAIGNS AGAINST BRIBERY AND THE IMPACTS THEY HAVE ON MYTH SYSTEM AND OPERATIONAL CODES ARE DISCUSSED; (EVEN IF UNSUCCESSFUL, REFORMS REASSERT THE VALUES OF THE MYTH SYSTEM). DECISIONMAKING PROCESSES OF OFFICIALS AND NONOFFICIALS IN DETERMINING WHETHER A BRIBE IS APPROPRIATE ARE OUTLINED. THE OPERATIONAL CODE, IT IS MAINTAINED, DEMANDS AS MUCH FIDELITY AS DOES THE MYTH SYSTEM, AND INSIDERS WHO DEFECT AS WELL AS OUTSIDERS WHO LAUNCH REFORM MOVEMENTS SOON LEARN THAT THEY DO NOT 'KNOW THE RULES.' THE OPERATIONAL GOALS REPRESENT VARIOUS RELEVANT SOCIAL GOALS, SUCH AS THE MAINTENANCE OF A PLURALISTIC SOCIETY, WHICH MAY THEMSELVES GENERATE THE CONTEXTS FOR BRIBERY. THE BRIBERY CAMPAIGN OF THE LATE 1970'S IS REVIEWED, AND NOTES, AN INDEX, AND REFERENCES ARE PROVIDED.