Friday, September 02, 2005

Bribery is wrong, isn't it?

Bribery is wrong! Please tell me it is so. Excuse the confusion, but I am still coming to term s with a recent article:

In Defense of Bribery by Pierre Lemieux
Full article: http://www.mises.org/story/1884
Why should bribes to state officials be illegal? Sure, the best situation is one where the state is tightly constrained, has little to offer in terms of privileges, and where consequently bribing officials is not done. The worst situation is one where the state is all powerful and state officials cannot be bribed, except at very high cost (in terms of expected penalties) or in convoluted ways. Between the best and the worst case, there is a second-best situation, where powerful state officials can be bribed to let the briber carry on his peaceful activities.
Pierre Lemieux is an economist at the Department of Management Sciences of the Université du Québec in Outaouais, a research fellow at the Independent Institute, and a Western Standard columnist.

I have no quibble that M Lemieux is far more qualified than I in the area of economics. My simple feelings are in accord with the basic definition of bribery, that is;

any valuable consideration given or promised in return for corrupt behaviour in the performance of official or public duty. Or, anything given or serving to persuade or induce.

To be sure, that is a reasonably hardline definition. Whereas the language of graft and corruption tends be a little more circumspect. For instance, ‘grease money’ does sound like a commonsense approach to business, just a little grease to get things moving.
The positive result of spreading a little “grease money” is a “fix”. It’s hard to argue with a positive “fix”!
As for the ever helpful public official, well he is simple engaged in a “fiddle”. What could be cuddlier than a public servant on “the fiddle”?
The “slush fund” from which the little bit of “overtime pay”, “baksheesh” or “a little coffee money” sound innocent enough. Of course these are delivered “under the table” and probably in a plain paper bag or even an old football sock.

If the “fiddle” is “tumbled”, subsequent defence is riddled with soft words. Take the case of wealthy Tasmanian businessman Edmund Rouse. Unhappy with an election outcome Rouse attempted to bribe a newly elected MP so as to force a fresh election.

Caught red handed, Rouse’ counsel told the court his actions were; “seen by him almost as a gift to Tasmania."

”It may be, your honour, that the benevolent exercise of power by this man, over a long period of time, may have blunted the perception of what he might, or might not do."

Of course that makes it all better. Here is a man capable of subverting a democratic vote for only the highest principles.

As a side note: The money used in the attempted bribery was apparently kept in an old football sock in Rouse’ corporate offices.

Well at least when tumbled, Rouse fell. He didn’t, like so many others, insist that “the others are far worse than we are. Our fiddle was minor compared to theirs…”

GIFT
It is entirely appropriate that another soft synonym for bribery and graft, gift, should crop up in Rouses’ defence. The word gift takes us to the roots of modern bribery. In historic times it was common to present gifts when seeking a favour from someone in power demands a gift. These customs have been in place for centuries; giving a gift to a person of power was not regarded as bribery or unethical. Using power impartially was not considered responsible in those cultures, but an irresponsible waste of authority.

The practice might well as served as an early form of taxation as well. Even so, it had its shady aspects then and society could well do without this “benevolent exercise of power”.

In my simple thinking I can only heartily agree with the words of Dr. Ahmed Refaat Khafagi in his report: BRIBING NEGOTIATORS OF INTERNATIONAL CONTRACTS found at http://www.stovall-law.com/bribery.htm

The word "bribery" is a term meaning corruption. In criminal legislation, the word refers to the act of anyone who exploits the power of his position or job. A bribed official is anyone who sells his authority for material reward.
Bribery is a loathsome act that, if prevalent in a civilized society, leads to that society's decay. As Counsellor Joss said "bribery clouds the minds of government officials, causing them to forget their duty". Bribery is a matter which cases shame, and which demands imposition of the severest penalty. This is certainly the case when a public official takes something proffered to him, ignoring his duty to society and his obligation of honesty to his government employer.

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