Letztes Update:
20190424132403

13:07
28.08.2018
The second question concerns how a liberal society should go about combating corruption. Does it really make sense to leave the fight against corruption entirely in the hands of the government? However good the administration may be, a society that subscribes to the ideals of liberty should never lose its innate wariness of government authority.

Since the mid-1990s, the international community has adopted a number of conventions against corruption. These include the Inter-American Convention Against Corruption (1996), the OECD Anti-Bribery Convention (1997), the United Nations Convention against Corruption (2003) and many more. Although they have undoubtedly made a valuable contribution, they are nonetheless still agreements concluded between national governments. Moreover, even the conventions themselves call for measures to promote the involvement of civil society.

The involvement of civil society is always a fine-sounding phrase in whatever context it is used, but it is important to find ways of making it happen. This is because people who have lived under the yoke of corruption for too long can sometimes be rather apathetic and may lack the wherewithal to stand up for themselves. Once again, the theory of enlightened self-interest that was postulated by Tocqueville (1835) and was also implicit from the start in the doctrine of Adam Smith (1759) could provide a basis for more specific incentives.

13:08
28.08.2018
Qui tam is the abbreviation of a Latin phrase that translates as “he who sues in this matter for the king as well as for himself”.

The concept passed from ancient Rome into the law of medieval England. Whether or not he was aware of its history, Abraham Lincoln would subsequently pass a law during the American Civil War that awarded a share of the recovered proceeds to private individuals who sued unscrupulous contractors on behalf of the government for selling shoddy equipment and supplies to the Army. Known as the False Claims Act, this law still exists today.

07:31
12.09.2018
It permits private individuals to file actions to recover any overpayments by the government resulting from corruption or simple waste. If they succeed in recovering government assets, they stand to receive a share of the proceeds of between 15% and 25%. It is hardly surprising that there are now numerous organisations specialised in seeking out these cases of corruption on a professional basis.

Perhaps rather more surprising is the fact that they recover around 3.5 billion dollars a year. Even foreign citizens and private organisations can cooperate by reporting assets that corrupt public officials have moved offshore. This is an instrument that is compatible with a liberal society and which allows it to benefit from the exercise of enlightened self-interest without demanding huge sacrifices of its citizens.

Carlos A. Manfroni