Captured by Evil: The Idea of Corruption in Law

Captured by Evil: The Idea of Corruption in Law

by Laura S. Underkuffler


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One of the most powerful words in the English language, "corruption" is also one of the most troubled concepts in law. According to Laura Underkuffler, it is a concept based on religiously revealed ideas of good and evil. But the notion of corruption defies the ordinary categories by which law defines crimes—categories that punish acts, not character, and that eschew punishment on the basis of religion and emotion. Drawing on contemporary examples—including former assemblywoman Diane Gordon and former governor Rod Blagojevich—Underkuffler explores the implications and dangers of maintaining such an archaic concept at the heart of criminal law.

"Underkuffler challenges the traditional rational and logical characterizations of corruption and defends a highly original and insightul proposal. In her view corruption is an emotional concept grounded in religious ideas defying traditional criminal law doctrines. This book is a fantastic contribution to the study of corruption as well as more generally to the study of law and culture."—Alon Harel, Hebrew University Law School

Product Details

ISBN-13: 9780300173147
Publisher: Yale University Press
Publication date: 05/21/2013
Pages: 344
Product dimensions: 6.20(w) x 9.40(h) x 1.40(d)

About the Author

Laura Underkuffler is Associate Dean for Academic Affairs and J. DuPratt White Professor of Law at Cornell University. She lives in Portland, Maine.

Table of Contents

Acknowledgments vii

Introduction 1

1 Exploring Corruption: The Inadequacies of Traditional Theories 7

2 The Idea of Corruption: Toward a Deeper Understanding 54

3 Corruption-as-Disposition: A Different Crime 74

4 An Evil Disposition: Further Explorations 90

5 Corruption as Capture-by-Evil: Desirable or Not? 106

6 Costs and Benefits Examined: Three Settings for Corruption 141

7 Corruption and Moral Values: Some Implications for Government 223

8 Coda: Corruption and the Rule of Law 244

Conclusion 248

Notes 253

Index 323

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