Guest Post: The Metaphysics of “Corruption” (or, The Fundamental Challenge to Comparative Corruption Measurement)

GAB is pleased to welcome back Jacob Eisler, Lecturer at Cambridge University, who contributes the following guest post:

A couple months back, Matthew Stephenson and Michael Johnston engaged in a lively debate on the question of if aggregate-level data of corruption is useful, focusing on the appropriate level of methodological skepticism that should be directed towards large-scale efforts to quantify corruption (see here, here, here, and here). While this debate touched on a number of fascinating questions regarding how to best treat data regarding corruption, it has drifted away from why Michael had a concern with overly aggressive quantification in the first place: Actually addressing corruption requires a “standard of goodness,” and the difficulty in coming up with such a standard explains why the social sciences have faced a “longstanding inability to come to a working consensus over how to define corruption.” In other words, when we talk about corruption, we are inevitably talking about something bad that suggests the vitiation or distortion of something good. It is difficult to conceptualize corruption except as a distortion of a non-objectionable political process—that is, political practice undertaken with integrity. This need not mean that there must be some shared first-order property of good governance; but it does suggest that there is a shared property to distorted or corrupted governance that must derive from some shared property of all politics.

If this idea of a “shared feature” is taken seriously, it would suggest those who argue for the value of comparative corruption metrics are making a very strong claim: that if you are comparing corruption within a country, or across countries, all the relevant polities and types of practice must have some shared feature, deviation from which counts as corruption. This shared feature in turn would be an aspect of governance. It could be any number of constants in human society – a constant feature of morality in governance, or tendencies of human anthropology. But in any case, this is a very distinctive and powerful claim, and one that requires strong assumptions or assertions regarding the nature of governance. To weave this back to the original dispute, our willingness to rely on quantitative metrics should depend on our level of commitment to our faith in this constant feature of politics that makes corruption a transferable, or, more aggressively put, “universal” thing. Our use of these homogenizing empirical metrics implies that we are committed to the robustness of the constant feature. Yet it doesn’t seem like this conceptual work has been done. Continue reading

Guest Post: What the McDonnell Opinion Portends for U.S. Anticorruption Law, and U.S. Politics

Jacob Eisler, Lecturer at Cambridge University, contributes the following guest post:

As Matthew observed in his blog post earlier this summer on the Supreme Court’s unanimous decision to vacate the conviction of former Virginia Governor Bob McDonnell, there are two different ways one might interpret this decision. One could read McDonnell narrowly as a case that focuses on overly expansive jury instructions on the meaning of “official act” in the statutory definition of bribery. Alternatively, a more expansive reading would focus on language in the opinion that suggests the Court has a lenient attitude towards self-serving behavior by (high-ranking) public officials. As I argue at length in a forthcoming article, the broader—and for anticorruption activists more troubling—reading of the case is the right one, and the decision therefore has potentially extensive implications for American politics. Continue reading