Professional Documents
Culture Documents
Luca J. Uberti
ABSTRACT
INTRODUCTION
This [anti-corruption] law secures to the Tories the glory that under their administration
the greatest purity of election has been theoretically proclaimed, and the greatest amount of
electoral corruption has been practically carried out.
I would like to thank Philip Nel, James Headley, Blendi Kajsiu and David Jackson for their
helpful comments on earlier versions of this paper. The painstaking reviews of three anonymous
referees from Development and Change were crucial for preparing the final version of this article.
The intellectual lineage of the anti-corruption consensus has its roots in what
John Toye (1987) dubbed the ‘counter-revolution in development theory’.
In the mid-1970s, some scholars suggested that the social costs of state in-
tervention in the economy were much larger than had been suggested by
standard welfare economics. Politically organized transfers did not merely
cause a deadweight loss, but generated a ‘rent-seeking society’ in which
individuals engaged in large wasteful expenditures — in the forms of bribes
and lobbying costs — to secure access to state-organized transfers (Krueger,
1974; Posner, 1975). In the worst cases, governments deployed intervention-
ist and protectionist measures purposefully to favour politically powerful
urban groups rather than on account of their economic merits, leading to the
entrenchment of a neo-patrimonial style of governance (Bates, 1981). In this
vein, a long tradition in corruption studies claims that ‘corrupt incentives
320 Luca J. Uberti
1. Note that the assumptions that corrupt agents are utility-maximizing rational individuals,
and that they respond to formal rules logically entails the proposition that corruption can be
studied micro-economically, although the reverse may not necessarily be true.
Can Institutional Reforms Reduce Corruption? 321
2. Let us assume first that the state reduces the available quantity based on a legitimate
(industrial policy) rationale, e.g. in order to promote import substitution. In this and the
following examples, the state does not reduce the quantity deliberately to create opportunities
for corruption or to favour political sponsors (as suggested by Bates, 1981, and Krueger,
1974). We will lift this assumption in the course of the ensuing discussion.
322 Luca J. Uberti
increase the costs of corruption? In a corrupt system, not only is the middling
bureaucrat likely to be corrupt; the higher-level politician who conferred
decision-making discretion upon the bureaucrat is also likely to be part of
a corrupt arrangement. This point is fairly uncontroversial by now, and has
been conceded by many neo-classical economists who support the anti-
corruption consensus (see Aidt, 2003: 642–6). In fact, the view that there is
no benevolent principal designing the institutions within which the agents of
the state operate has a long pedigree in the public choice tradition (Hopkin,
2002). Yet the reforms promoted by international development agencies
stubbornly assume the existence of a benevolent principal and in fact make
sustained calls for political will, domestic ownership and leadership in the
fight against corruption4 (Marquette, 2003: 114–16).
total returns. Note that this logically implies that, according to Shleifer and
Vishny, PBribe ABM is the maximum total bribe that may be collected in this
bribe market — and, indeed, in any bribe market governed by neo-classical
microeconomics. This is because, at QBribe ± 1, the area marked ‘Max Total
Bribe’ shrinks due to either lower output or a lower demand price.
According to Shleifer and Vishny, the case of a centralized bribe monop-
olist is associated with intermediate levels of corruption. In the second case,
the right is conferred by obtaining several complementary permits from de-
centralized state bureaus (Figure 2). As soon as a bribe-giver buys the first
permit, the value of the next permit increases, together with the ‘exploitable
rent for the second administrative agency’ (Parisi et al., 2006: 59). Thus, the
marginal bribe requested is likely to increase progressively to PCompl ; the
quantity of rights issued would decrease to QCompl ; and the system would
be perceived as very corrupt.6 In the third case, conversely, the right can
be conferred by various competing agencies selling substitute permits. As
the marginal bribe is bid down by inter-agency competition, demand rises
and the quantity of rights provided increases to QSubst . Since at the market-
clearing equilibrium QSubst , the net return from taking a bribe is zero, bu-
reaucrats would have no incentives to negotiate (costly) corrupt exchanges;
6. Yet the actual total bribe collected across agencies would be fairly small (shaded area
bounded by PCompl and QCompl in Figure 2). The distinction between the first and second
set-ups is formally similar to Mancur Olson’s metaphorical distinction between stationary
(bribe-maximizing) bandits and roving (predatory) bandits (Olson, 2000).
Can Institutional Reforms Reduce Corruption? 325
rather, they would simply provide quantity QAdmin and corruption would all
but disappear. This is the rationale behind the frequently heard prescription
to increase competition in public service provision (Rose-Ackerman, 1999:
49–52; World Bank, 2000: 30).
Shleifer and Vishny) does not necessarily reduce corruption. Suppose the
bribe monopolist is suddenly confronted with an anti-corruption reform in-
troducing administrative competition (Figure 3). Microeconomics predicts
that the marginal bribe price PBribe – PAdmin is bid down as the quantity sup-
plied increases, until a competitive equilibrium is reached. The explanatory
power of this theoretical mechanism rests on the existence in the non-ideal
world of a bribe market where corrupt exchanges can be concluded as
market-like transactions. But contrary to the epistemological assumptions
of the anti-corruption consensus, corruption does not take place in a public,
impersonal market; rather, it is typically embedded in informal, idiosyncratic
and often secretive social structures. Furthermore, the market-clearing pro-
cess described by Shleifer and Vishny presupposes perfect competition,
including genuine ‘market demand’ for the right being auctioned. But the
actual bidders might be very few in number (the ‘market’ structure is likely
to be a near-monopsony), considering that only the capitalists associated
with the dominant coalition are likely to have sufficient information and
connections to have a shot at bidding.7
In the absence of a genuine ‘demand’ force, the quantity supplied might
not progressively increase, and no reduction in the marginal bribe price
would materialize. In fact, a single capitalist from the dominant faction (or
an oligarchic conglomerate of capitalists) might well attempt to buy up the
whole available quantity QAdmin – QBribe . Since each unit cannot normally be
7. Additionally, in developing countries the modern capitalist sector is very small in the first
place.
Can Institutional Reforms Reduce Corruption? 327
8. Further research should develop ways to test the inadequacies of anti-corruption institutional
reforms using econometric techniques. One way of doing so would involve testing the cor-
relation between average aid flows in the anti-corruption sector and reductions in corruption
levels. Since anti-corruption programmes are mostly focused on technical assistance (iden-
tifying corruption risks, rewriting regulatory regimes, establishing anti-corruption agencies
and developing civil society-based monitoring systems), aid volumes should make a good
proxy for the extent to which specific developing countries have implemented the institu-
tional reforms advocated by the ‘anti-corruption consensus’.
9. Although the economics literature on social networks may effectively rectify some of the
flaws of the standard models discussed here, its application to the study of corruption is very
much in its infancy and this emerging line of thinking has not yet begun to influence actual
development thinking and practice.
328 Luca J. Uberti
10. Although, of course, other monetary and non-monetary goods and services can be expected
to be transacted alongside money, for example protection, insurance, or economic rights
(see Figure 4).
Can Institutional Reforms Reduce Corruption? 329
As noted by Scott (1972: 111), ‘the Filippino haciendero could, until re-
cently, rely on his tenant laborers and peasants indebted to him to vote as
he directed. Increasingly, though . . . the peasant now often requires cash
and other special inducements’. At the same time, political modernization
means that the traditional authority system becomes overlaid with ‘formal,
impersonal elements of governance, like a legal system that demarcates the
public and private domain’ (Kelsall, 2011: 77; see also Ekeh, 1975). Yet,
despite their monetization and hybridization, the hierarchies and exchange
relations inherited from agrarian feudalism remain fundamentally unaltered,
operating behind formal rules as the true organizing principles of social
interaction.
All I have suggested so far is that, with the decline of traditional centres
and modes of authority, bribing emerges as a mechanism of exchange within
pre-existing relations of patronage. The crucial point, however, is that the
exchange of bribes is always embedded in patron–client relations. Bribes, in
other words, are never paid in something resembling an open and impersonal
market — as neo-classical models of corruption imply — nor are their value
and volume determined by the rules of theoretical microeconomics.
To see this, it is necessary to attend to the fundamental logic of patron-
age. In post-feudal settings where clientelism is the principal mode of social
organization, access to political rights and economic resources is not open
to all citizens on an equal and impersonal basis; rather, it is restricted and
regimented by factional and other particularistic ties: ‘the social identity of
non-elites is closely tied to the identity of the patronage network in which
they are located: a non-elite is the king’s man or the duke’s man’ (North
et al., 2009: 35). Since network membership becomes the chief mechanism
of social identification and regulation, the organization of patronage gener-
ates social cleavages operating through a logic of inclusion and exclusion.
Furthermore, the emergence of particularistic networks is historically an-
tecedent to the establishment of formally codified institutions, especially in
post-colonial or post-conflict contexts where the state and its bureaucracies
are to a large extent the product of external actors’ interventions. In that case,
the social obligations that particularistic networks impose on their members
are likely to ‘supersede the legal and political mandates that in principle
should guide their behaviour’ (Granovetter, 2007: 162), spawning a ‘moral
economy’ with rules of its own (Olivier de Sardan, 1999).
If the normative space is saturated by network loyalties and obligations,
it follows that the allocation of rights and resources is never conducted
impersonally (through the market, the state bureaucracy), as is the case in
advanced capitalist democracies. Even to the extent that rights and resources
are allocated corruptively (as they are), access to these ‘bribe markets’ is not
free and open. As noted above, there is likely to be no impersonal, market-
like mechanism of rent allocation in which bribers may freely, albeit secretly,
compete regardless of factional affiliation. Access to corrupt bidding is itself
restricted by network membership. As shown by a revealing ethnography
330 Luca J. Uberti
11. In a similar study of comparative neo-patrimonialism in Morocco, Tunisia and Iraq, Mounira
Charrad (2011: 52) shows that in all her case studies ‘family arrangements and symbols are
extended into the public sphere’.
12. That said, some sociologists argue that the concomitant presence of different modes of
economic exchange — personalistic and impersonal — is a feature of all societies, advanced-
capitalist or traditional (e.g. Barber, 1995: 400).
Can Institutional Reforms Reduce Corruption? 331
maximize utility in the long run (and to maintain social reputation13 ), actors
must often relinquish the imperatives of economic rationality in the short
run, as they enter into individual exchange relations. James Scott makes a
similar point by introducing a helpful distinction:
‘parochial’ (nonmarket) corruption is a situation where only ties of kinship, affection, caste,
and so forth determine access to the favors of power-holders, whereas ‘market’ corruption
signifies an impersonal process in which influence is accorded those who can ‘pay’ the most,
regardless of who they are. The real world [of developing countries], of course, rarely ever
contains such pure cases. (Scott, 1972: 88, emphasis added)
If utility calculations (to the extent that they are made) are ‘bonded’ to
structural and cultural elements of society (rather than simply ‘bounded’
by the rules of the game encoded in formal institutions), the dynamic of
graft is unlikely to be captured by an unqualified microeconomic model: we
cannot assume that greater demand will always result in rising unit bribe
prices, or that patrons might maximize the total bribe collected simply by
computing and applying an ‘optimal’ bribe price. The actors’ optimiza-
tion strategies cannot solely be dictated by the type of rational calculation
posited by microeconomics, for the power relations that come with fac-
tional membership set limits upon the rules of supply and demand. Taking
the example of India’s canal irrigation system (circa the late 1970s), a bu-
reaucrat might have to settle for a lower bribe if the bidder for a canal
maintenance contract is politically affiliated with the bureaucrat’s politi-
cal patron (whom he had to bribe and make promises of allegiance to in
order to get the job). The bureaucrat would also have to agree to a ‘below-
market’ bribe if the bidder had previously leveraged her/his influence to
assist the bureaucrat in negotiating a bribe with local farmers (Wade, 1984:
296, 304). While corrupt agents may indeed seek utility maximization in
the long term (i.e. over repeated interactions), individual transactions can-
not be understood by framing bribing as a market-like exchange relation
between utility-maximizing agents, as microeconomic models of corruption
do.14
Even so, elements of market-like corruption often co-exist with network-
based arrangements. Crucially, the market-like character of corruption may
come in degrees. Different systems of corruption may be more or less
amenable to the predictions of neo-classical economics depending on the
13. Of course, it is debatable whether ‘clients are merely utility-maximising actors responding
to incentives provided by patrons, feigning loyalty while awaiting an opportunity to defect
once their market position permits it; or [whether they] are actually loyal’ (Granovetter,
2007: 161, emphasis added). I submit that while genuine loyalty might have been obtained
in traditional (or ‘feudal’) societies, self-interest bounded by network-induced incentives
is the right account of actors’ motivation in most present-day developing countries, where
traditional symbolic bonds have waned.
14. As noted by Clammer (2012: 126), ‘methodological individualism proves to be a weak
framework for the explanation or understanding of corruption . . . because it suppresses the
systems dimension of social interaction’.
332 Luca J. Uberti
The link between corruption and status differentials suggests that patron–
client exchange is undergirded by norms and values. Yet in neo-classical
models of corruption, cultural meaning, besides social structure, is sim-
ply abstracted away. These models (along with the types of development
practice associated with the anti-corruption consensus) usually assume a
definition of corruption as the ‘abuse of public office for private gain’. In so
doing, they universalize what is actually a culturally situated norm: that is,
the Western dualism between a Weberian conception of the public sphere
(the ‘state’) — rational, bureaucratized and impersonal — and a private
sphere (‘civil society’) where individuals and organizations pursue their
self-determined interests (Bukovansky, 2006; Harrison, 2006). To be sure, it
may be argued that the very concept of corruption always relies on a separa-
tion between the ‘public’ and the ‘private’; in exchanges coded as ‘corrupt’,
this distinction is subverted (Cheng and Zaum, 2012: 4–5). While this may
be true, the substantive content of the public–private distinction — which
informs what we may call a conception of corruption — is not fixed but
varies across cultures.16 Thus, the conception of the public–private divide
that operates in the culture of Vietnam’s state–business networks is likely to
be substantively (and substantially) different from the Weberian conception
that informs the anti-corruption consensus.
Anthropologists have documented that ‘there are rules (albeit informal
and pragmatic) and cultural codes that govern the way corruption [or rather
those exchanges that Westerners code as “corrupt”] . . . should, or does,
take place’, so much so that, ‘like patronage and clientelism, corruption
may not be legal, but it nonetheless has its own morality, at least in the
eyes of the local public’ (Shore and Haller, 2005: 8, 12). Indeed, the rules
and norms of patronage networks may be much more thickly ‘public’, in
15. In To et al.’s rich ethnography of a smuggling network in Vietnam, the bribe-giving busi-
nessman refers to the bureaucrat who agrees to broker a bribe payment on his behalf as his
‘elder brother’. In the traditional Vietnamese family, the ‘elder brother’ is expected to pro-
tect his siblings from harm, including from business risks (To et al., 2014: 164). In a similar
study of cross-border tax evasion in China, the bribing businessman gives a bureaucrat a
tiger pelt as a bribe but casts it as a gift ‘to ward off evil’. Similarly, cash gifts were referred
to, amongst others, as ‘lunar New Year gifts’ (Wank, 2002: 12).
16. The distinction between ‘concept’ and ‘conceptions’ (of justice) is from John Rawls
(1971/1999: 5).
334 Luca J. Uberti
the sense that they command a broad understanding and consensus, than
any set of legalistic norms imported by donor agencies.17 Of course, this is
not to say that ‘corruption’ — in the culturally situated sense — does not
take place in developing countries. On the contrary, a violation of network
loyalties and obligations may sometimes be construed as a violation of public
morality which individuals commit for private gain: in other words, it may be
construed as ‘corruption’.18 The problem is that these ‘corrupt’ practices may
sometimes be the very same practices that donor agencies seek to entrench
with a view to furthering (their own conception of) public integrity. By the
same token, discharging the moral obligations of network membership —
that is, maintaining one’s own public ‘integrity’ — may involve entering
into the very transactions that the agencies of the anti-corruption consensus
castigate as normative aberrations (e.g. bribing).
Understanding the prevailing cultural representations of ‘corruption’ in
specific contexts is very important for a theory of comparative corruption.
Neo-classical models assume that corrupt agents are always aware of com-
mitting an illicit act and they factor this belief into their utility calculations,
not only to evade detection, but also to avoid social stigma and political de-
feat. Once we negotiate a more culturally sensitive definition of ‘corruption’,
it becomes clear that the agents that donor organizations regard as corrupt
may not necessarily also regard themselves as such. If corrupt actors act
without violating the prevailing conception of public integrity, their utility
calculations — to the extent that they are made at all — are likely to be
different from the ones typically posited by neo-classical models. At a mini-
mum, corrupt actors should not be assumed to cost in the expected disutility
of social condemnation and electoral defeat. In that case, their propensity to
enter into corrupt transactions is unlikely to be very sensitive to institutional
incentives designed to increase the expected reputational costs of corrup-
tion. The effectiveness of institutional reforms seeking to strengthen the link
between political integrity and electoral success is thus likely to be severely
limited.
17. As noted by Polanyi (1957: 70–1, emphasis added), in pre-market societies, ‘no [indepen-
dent] concept of an economy need arise. The elements of the economy are here embedded
in noneconomic institutions, the economic process itself being instituted through kinship,
marriage, age-groups, secret societies, totemic associations, and public solemnities’. The
same could be said of ‘corrupt’ economies. See also Ekeh (1975).
18. Indeed, individuals may mobilize their own private ethical principles and condemn as unjust
(i.e. as ‘corrupt’) a transaction which may be coded as ‘non-corrupt’ (and, in fact, may be
mandated) under the prevailing conception of the public–private divide in that culture or
social group.
Can Institutional Reforms Reduce Corruption? 335
Notes:
a: supplies
b: according to dependency theory
19. Some scholars of clientelism argue, mistakenly, that unlike clientelistic relations properly
construed, vote-buying is always a one-shot exchange, rather than an enduring relation
(Hilgers, 2011: 577). However, if vote-buying took place outside the bounds of factional
ties, it is not clear how enforcement of the mutual bargain between the voting client and
bribing patron could take place (on this, see also Granovetter, 2007: 161).
20. Sometimes, the faction’s leadership becomes itself a client to a foreign power, which
supplies rents or provides protection to the ‘client state’ in exchange for the granting of
special economic rights to its own capitalist sector [6]. The international dimension of
clientelism is beyond the scope of this article.
Can Institutional Reforms Reduce Corruption? 337
21. In line with modernization theory, I equate capitalism with industrial modes of production
that are capable of generating a surplus for reinvestment.
338 Luca J. Uberti
(Divjak and Pugh, 2008; Meagher, 2007). Although liberalization might well
fragment the structure of patronage and increase the incidence of bribery,
the deep historical root of neo-patrimonialism as a mode of social organi-
zation is not merely the reform of regulatory rules (e.g. liberalization), but
a long-term process of social-structural change, namely the transition from
traditional to industrial-capitalist relations of production.
There are two broad sets of processes that make neo-patrimonialism (and
hence corruption) endemic in capitalist transitions. The first occurs in the
context of economic regulation. Colonial rule in most of the developing
world triggered deep economic and social dislocations, including the col-
lapse of artisanal manufacturing, the dissolution of the semi-feudal ‘village
system’ of social organization, and the onset of large rural-to-urban migra-
tion (Marx, 1853/2008). These transformations fragmented the prevailing
power structures and brought economic uncertainty and social disorganiza-
tion (Scott, 1972). In this context, neo-patrimonial factionalism — and its
attendant corruption — functions as a rational solution to the Hobbesian
problem of violence and disorder. Patron–client organizations contain vio-
lence and create a semblance of economic order. Albeit often sub-optimally,
they regulate the allocation of key scarce resources (notably, those state-
created rents that are necessary for accumulation and learning); they also
provide an informal mechanism for enforcing agreements (Khan, 2005: 712;
North et al., 2009).
Informal economic regulation is associated with the early stages of tran-
sition from traditional feudal orders to advanced industrial capitalism. In
these contexts, the productive economy is, by definition, unable to produce
a significant surplus. As a result, regulating economic exchange bureaucrat-
ically, through the complex and expensive institutional arrangements that
must be established to generate trust and punish malfeasance in impersonal
settings — that is, amongst disembedded, atomized transactors — is mate-
rially impossible (Khan, 2005). On the other hand, informal networks (and
the trust they engender) emerge costlessly in the non-economic sphere: thus,
relying on them does not take up a significant share of the economic surplus.
Of course, as industrial production grows, the growing economic surplus
can be used to finance the establishment of a bureaucratic apparatus to regu-
late economic exchange; consequently, more impersonal markets (including
‘bribe markets’) can start to function as resource allocators. With the onset
of fully-fledged industrial capitalism, the economic rationale of clientelism
(and its attendant corrupt flows) is likely to lose purchase.22
22. As noted by Marx in the context of nineteenth-century elections in England, ‘the constituen-
cies . . . of densely populated manufacturing counties were, by their peculiar circumstances,
very unfavourable ground for [corrupt] manoeuvres’. In these counties, the emerging in-
dustrial and commercial middle classes ‘considered it cheaper to compete . . . by general
moral, [rather] than by personal pecuniary means’, for ‘they were conscious of representing
a universally predominant interest of modern society’ (Marx, 1852/1953).
Can Institutional Reforms Reduce Corruption? 339
The second process takes place in the context of social regulation. Albeit
informally, neo-patrimonialism helps both elites and non-elites confront
the post-colonial state and compensate for its organizational shortcomings.
The post-colonial state — which is usually either the creation of foreign-
educated elites or the result of donor-led state-building efforts — has usu-
ally very limited capacity to extract revenue and coordinate redistributive
demands through legalized or routinized avenues.23 Patronage networks pro-
vide the organizational framework and social legitimacy to accommodate
redistributive demands and engender social stability, acting as the functional
equivalent of formal bureaucracies in more advanced polities (Khan, 2005:
718–20; Lyne, 2007; North et al., 2009). As noted by David Lovell, ‘endemic
corruption is perhaps best explained as a response that [elites] adopt when
confronted with the conflicting demands of traditional obligations and loyal-
ties on the one hand, and legal-rational forms of rule on the other’ (quoted in
Shore and Haller, 2005: 20). At the same time, neo-patrimonialism is also an
important coping mechanism for non-elites, who rely on corrupt networks
when they ‘encounter’ the state and its local-level bureaucracy24 (Gupta,
1995).
If patronage is necessary (as the least-cost solution) to both regulate eco-
nomic exchange and stabilize social interaction, the networks that enable
and constrain corrupt transactions are unlikely to be displaced by the type
of institutional reforms promoted by the PWC. Socially situated agents will
not make blunt utility calculations based on the costs and rewards embodied
in formal rules; rather, they will primarily respond to the benefits and obli-
gations that stem from network membership.25 Corruption is embedded in
socio-cultural structures which are endemic to the process of capitalist tran-
sition that most developing countries are undergoing (however haltingly).
This two-pronged thesis also explains the poor predictive capacity of
neo-classical accounts. In particular, it clarifies my earlier assertion that
Shleifer and Vishny’s model (along with the several variants it spawned)
under-determines the corruption effects of different institutional set-ups: the
overly idealized and highly restrictive ontological assumptions of the model
simply overlook the most important causal mechanisms at work. That said,
the social embeddedness thesis helps restore the microeconomic approach
to its appropriate context of applicability, whether it be advanced countries
in which patronage is no longer endemic, or developing countries in which
26. These figures, which are averages over 1980–83, are rescaled using data from Khan (2000:
Table 2.1).
Can Institutional Reforms Reduce Corruption? 341
CONCLUSION
27. On the political economy of rent-seeking in South Korea and Thailand, see Khan (2000:
95–8, 101–4).
28. The culture of hierarchical networks and relations in China.
342 Luca J. Uberti
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