本論文的重點在建立人民、民意代表及行政機關三者之間的互動模式。其 中，人民雖然無法組織成一有效的團體，但對政治的意識程度卻反映在民 意代表的函數裡。在民意代表與行政機關進行利益交換的過程中，遊說與 補助款的取得雙方個別的標的。不論原先主導權掌握在誰的手上，經過賄 賂之後，議價的結果都會相同，這樣的情況和 Coase定理有相似之處，但 是由於人民無法參與議價，所以最後的效率只是次佳的選擇。

L’objectif central de cette thèse est de comprendre les raisons pour lesquelles la corruption est tolérée dans certaines sociétés. Dans cette perspective, il s’avère indispensable de délimiter le concept de corruption qui ne peut être étudié indépendamment du cadre socioculturel de chaque pays, de la qualité des institutions et de la performance de l’État. Face à la défaillance de l’action collective et au coût des politiques étatiques de lutte, une norme sociale de tolérance de la corruption peut émerger dans une société, réfutant ainsi toute intervention publique. Un modèle proposé en théorie des jeux stipule qu’il est irrationnel de ne pas être corrompu dans une société où la corruption est largement répandue. Une corruption défensive, allant de l’acte individuel de paiement d’un pot-de-vin à la pression organisée des groupes d’intérêt, semble être une réaction rationnelle, un sous-produit de l’usage illégitime et répressif du pouvoir étatique. C’est la tolérance à cette corruption défensive, souvent caractérisée par des effets bénéfiques sur le bien-être social,que l’on propose comme réponse rationnelle à la corruption offensive du pouvoir. Le cas emblématique du multi-confessionnalisme au Liban montre que la corruption est acceptée dans les pratiques quotidiennes des libanais car elle se développe comme une contre-stratégie qui permet de contrecarrer la défaillance des institutions publiques et de contourner la fragmentation religieuse et confessionnelle du partage des ressources. Une enquête personnelle sera menée pour justifier l’émergence d’une « culture de cadeaux » et d’une norme sociale de tolérance vis-à-vis de la corruption. / This thesis attempts to explain the question why corruption is tolerated in some societies. At first, it is essential to define the concept of corruption which cannot be studied independently of the social and cultural context of each country, its religious and confessional fragmentation, the quality of its institutions and the performance of its state. Faced with the failure of collective action and the high cost of public policies, a norm of tolerance of corruption can emerge in a society, thus refuting any public intervention. A game theory model proves that it is irrational not to be corrupt in a society where corruption is widespread. A defensive corruption, ranging from paying bribes, to pressure groups, to buying votes, becomes a rational reaction, a byproduct of the repressive and illegitimate use of state power, especially when corruption has beneficial effects on social welfare. It is this defensive corruption that we consider tolerated, in opposition to offensive corruption.The study of the emblematic case of Lebanon shows that corruption in its various forms is accepted in the daily practices of the Lebanese, and it is used against the failure of public institutions and multi-confessional society. A survey has been conducted to justify the emergence of a "gift culture" and a norm of tolerance vis-à-vis of corruption.

This thesis brings fresh light on the types of problems that contemporary democracies might face when interacting with private interests. More specifically, the study examines the separation between the state and private interests, based on the assumption that this separation is a precondition for maintaining democracy and legitimate governance. It is thereby a contribution towards understanding the social forces that allow private interests to penetrate the public realm, as well as the forces that protect the state from such penetration. Under which circumstances do private interests access state apparatus in ways that contradicts its universalistic principles? How does the state consider challenges against its legitimacy and how are such threats dealt with? These questions are answered by means of two case studies. The first concerns the interaction between a number of state authorities that receive sponsoring from business enterprises. The second concerns interaction - partially afflicted by corruption - between the state monopoly for selling alcoholic beverages (‘Systembolaget’) in Sweden and its private suppliers. Applying theories on organizational boundaries, exchange, trust, networks as well as legitimacy to these cases, the study demonstrates how state reforms, inspired by the logic of markets, has introduced new ways for private interest to access state affairs. In the case of ‘Systembolaget’, this is particularly evident. The possibility of access, the study argues, is a consequence of reshaping the internal boundaries of the state, broadening informal relations as well as extended scope of action for state employees. This replaced social differentiation as a mechanism of separation by the personal integrity of state employees. Interestingly, this finding should be considered in relation to how the state has attempted to sharpen its organizational boundaries through a strengthening of regulation and the businesslike relations of exchange.

The master paper discusses the issue of the matter of crime in cases against civil service and public interests. Criminal acts against civil service and public interests are considered to be selfish acts. In fact, the matter of crimes against civil service and public interests is an obtained or provided benefit of particular form. Master paper tries to present the matter of bribery crimes (Articles 225 – 227 of Criminal Code), attributes of the matter of abusing service for the purpose of obtaining material or other benefit (Article 228 Paragraph 2 of Criminal Code.), their general characteristics and differences, contents and effect on qualification of criminal acts. After the Republic of Lithuania regained its independence which had influence on the essential changes in economy-social relations and corresponding legislative acts, property and personal relations among people had become significantly more modern and varied. In addition, a wider range of benefit forms which could be obtained or provided in relation with position of a civil officer appeared and thus respective evaluation had to be made in respect of the matter of criminal acts specified in Part XXXIII of the Criminal Code. The author expresses reasoned opinion based on theoretical knowledge and concepts on the issue discussed. The master paper also includes the analysis of criminal proceedings, corresponding judgements and courts’ positions on the issue of the matter of crime. The author presents the... [to full text]

MPM / Oliver Tambo Institute of Governance and Policy Studies / The study investigates the management of traffic law in Limpopo Province with specific reference to Vhembe District and explore possible solutions to the challenges facing Vhembe District in the management of traffic law. Road transport safety, particularly enforcement of traffic laws is challenging globally, especially in developing countries, where it affects both road users and governments. Due to a number of reasons the subculture of traffic and other law enforcement agents is not always viewed in a favorable light. Media reports and newspaper articles give evidence of a total disregard for law enforcement and lack of respect for law enforcement officials. The study used both quantitative and qualitative techniques for data collection and analysis. The Quantitative techniques were mostly used in that they provided the researcher with an understanding of experiences and challenges facing traffic officers in the management of traffic law in Limpopo Province with specific reference to Vhembe District. A simple random and purposive sample was used for selection of a sample population. A purposive sampling technique will be employed in selection study participants of qualitative method. A sample of 50 traffic officers was randomly selected for the survey and 10 traffic chiefs and principals were purposively selected for the interviews. The study found that of lack of good managerial skills, lack of motivation to work, shortage of staff, lack of modern equipment and lack of training as challenges. The treatment of traffic offenses as “petty” by the Department of Justice and in particular magistrates was also identified as a major challenge. The study recommends that the Department of Transport Management should provide traffic police officials with sufficient resources and equipment at the traffic police stations in order to perform optimally. / NRF

This thesis questions whether it is possible to locate a boundary between gift and bribe that can survive comparison across cultures and history. This question is addressed in a multidisciplinary way, engaging the literature on the current use and the history of the language of bribery, studies of gifting and reciprocity, and the anthropological and philosophical literature on relativism. The approach is non-linear—like a hound on a chase, stopping in medieval England, ancient Athens and various societies in the modern world. It is concluded that if there is a universal gift/bribe boundary, it is likely based on a norm of reciprocity rather than on a foundation of assumptions that incorporate modern capitalism and Weberian bureaucracy. This implies that global anti-bribery initiatives, as presently conceived, are ill founded. An alternative account, founded on reciprocity and conventionalism, is postulated as a more secure foundation for locating a gift/bribe boundary.