Anti-corruption (or anticorruption ) comprises activities that oppose or inhibit corruption . Just as corruption takes many forms, anti-corruption efforts vary in scope and in strategy. A general distinction between preventive and reactive measures is sometimes drawn. In such framework, investigative authorities and their attempts to unveil corrupt practices would be considered reactive, while education on the negative impact of corruption, or firm-internal compliance programs are classified as the former.
204-587: The code of Hammurabi ( c. 1754 BC ), the Great Edict of Horemheb ( c. 1300 BC ), and the Arthasastra (2nd century BC) are among the earliest written proofs of anti-corruption efforts. All of those early texts are condemning bribes in order to influence the decision by civil servants, especially in the judicial sector. During the time of the Roman Empire , corruption
408-483: A muškēnum than an awīlum : a muškēnum 's life may have been cheaper, but so were some of his fines. There was also inequality within these classes: laws 200 and 202, for example, show that one awīlum could be of higher rank than another. Martha Roth has shown that ideas of shame and honour motivated certain laws. The above principles are distant in spirit from modern systems of common and civil law , but some may be more familiar. One such principle
612-801: A propagandistic and mythologised version , and (especially during conflicts) some nation-states still teach this kind of history. Language and cultural policy was sometimes hostile, aimed at suppressing non-national elements. Language prohibitions were sometimes used to accelerate the adoption of national languages and the decline of minority languages (see examples: Anglicisation , Bulgarization , Croatization , Czechization , Dutchification , Francisation , Germanisation , Hellenization , Hispanicization , Italianization , Lithuanization , Magyarisation , Polonisation , Russification , Serbization , Slovakisation , Swedification , Turkification ). In some cases, these policies triggered bitter conflicts and further ethnic separatism . But where it worked,
816-474: A royal house . Their territory could expand by royal intermarriage or merge with another state when the dynasty merged. In some parts of Europe, notably Germany , minimal territorial units existed. They were recognized by their neighbours as independent and had their government and laws. Some were ruled by princes or other hereditary rulers; some were governed by bishops or abbots . Because they were so small, however, they had no separate language or culture:
1020-585: A back-channel for communication between the compliance officers of the participating banks. The World Economic Forum's initiatives against corruption can also be seen in this framework. Other initiatives in the field of collective action include the Extractive Industries Transparency Initiative (EITI), Construction Sector Transparency Initiative / Infrastructure Transparency Initiative (CoST) and International Forum on Business Ethical Conduct (IFBEC). Collective action
1224-464: A common descent, a common language and many forms of shared culture. When implied unity was absent, the nation-state often tried to create it. It promoted a uniform national language through language policy . The creation of national systems of compulsory primary education and a relatively uniform curriculum in secondary schools was the most effective instrument in the spread of the national languages . The schools also taught national history, often in
1428-665: A consistent underlying legal system. As with the Code of Hammurabi, however, it is difficult to interpret the purpose and underlying legal systems of these earlier collections, prompting numerous scholars to question whether this should be attempted. Extant collections include: There are additionally thousands of documents from the practice of law, from before and during the Old Babylonian period. These documents include contracts, judicial rulings, letters on legal cases, and reform documents such as that of Urukagina , king of Lagash in
1632-400: A corrupt manner, when the possibility of doing so arises. Another stream of thought on corruption prevention is connected to the economist Robert Klitgaard , who developed an economic theory of corruption that explains the occurrence of corrupt behavior by producing higher gains than the assumed punishment it might provoke. Klitgaard accordingly argues for approaching this rational by increasing
1836-684: A diversity of rulers and "shadow caliphs" in the centuries of the Abbasid - Mamluk Caliphate since the Mongols' sacking of Baghdad and the killing of the last Abbasid Caliph in Baghdad, Iraq 1258. The Ottoman Caliphate as an office of the Ottoman Empire was abolished under Mustafa Kemal Atatürk in 1924 as part of Atatürk's Reforms . Some of the smaller European states were not so ethnically diverse but were also dynastic states ruled by
2040-448: A goat come next. Wolfram von Soden , who decades earlier called this way of thinking Listenwissenschaft ("list science"), often denigrated it. However, more recent writers, such as Marc Van De Mieroop, Jean Bottéro, and Ann Guinan, have either avoided value judgments or expressed admiration. Lists were central to Mesopotamian science and logic, and their distinctive structural principles let entries be generated infinitely. Linking
2244-518: A highly organised code similar to the Code of Justinian and the Napoleonic Code . There is also evidence that dīnātum , which in the Code of Hammurabi sometimes denote individual "laws", were enforced. One copy of the Code calls it a ṣimdat šarrim , "royal decree", which denotes a kind of enforced legislation. However, the arguments against this view are strong. Firstly, it would make
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#17327759280132448-401: A hope that "any wronged man who has a lawsuit" ( awīlum ḫablum ša awātam iraššû ) may have the laws of the stele read aloud to him and know his rights (3240'–3256'). This would bring Hammurabi praise (3257'–3275') and divine favour (3276'–3295'). Hammurabi wishes for good fortune for any ruler who heeds his pronouncements and respects his stele (3296'–3359'). However, he invokes the wrath of
2652-517: A hypothetical conditional. The durative , sometimes called the "present" in Assyriology, may express intention in the laws. For ease of English reading, some translations give preterite and perfect verbs in the protasis a present sense. In the apodosis, the verbs are in the durative, though the sense varies between permissive—"it is permitted that x happen"—and instructive—" x must/will happen". In both protasis and apodosis, sequence of action
2856-404: A large geographic area and uses the concept of " Zhonghua minzu " or Chinese nationality, in the sense of ethnic groups . Still, it also officially recognizes the majority Han ethnic group which accounts for over 90% of the population, and no fewer than 55 ethnic national minorities . According to Philip G. Roeder, Moldova is an example of a Soviet-era "segment-state" ( Moldavian SSR ), where
3060-779: A long history of intermarriage. Belgium is a classic example of a state that is not a nation-state. The state was formed by secession from the United Kingdom of the Netherlands in 1830, whose neutrality and integrity was protected by the Treaty of London 1839 ; thus, it served as a buffer state after the Napoleonic Wars between the European powers France , Prussia (after 1871 the German Empire ) and
3264-567: A new Section 21F that protects whistleblowers from retaliation and grants them financial awards them when collaborating with the Securities and Exchange Commission (SEC). Conway-Hatcher et al. (2013) attributed an increase the number of whistleblowers, who are reporting to SEC, inter alia on corruption incidents to the provision. The TI's last report on enforcement of the OECD Convention against bribery published in 2014 concluded that
3468-410: A policy to create and maintain national transportation infrastructure, facilitating trade and travel. In 19th-century Europe, the expansion of the rail transport networks was at first largely a matter for private railway companies but gradually came under the control of the national governments. The French rail network, with its main lines radiating from Paris to all corners of France, is often seen as
3672-646: A political significance. In these cases, the nationalist sentiment and the nationalist movement precede the unification of the German and Italian nation-states. Historians Hans Kohn, Liah Greenfeld, Philip White, and others have classified nations such as Germany or Italy, where they believe cultural unification preceded state unification, as ethnic nations or ethnic nationalities . However, "state-driven" national unifications, such as in France, England or China, are more likely to flourish in multiethnic societies, producing
3876-416: A population within a territory, and the nation , a community based on a common identity, are congruent. It is a more precise concept than " country ", since a country does not need to have a predominant national or ethnic group. A nation , sometimes used in the sense of a common ethnicity , may include a diaspora or refugees who live outside the nation-state; some nations of this sense do not have
4080-546: A positive perception of state institutions are more likely to report corruption-related incidents than those, who express lower levels of trust. Even though sanctions seem to be underwritten by a legal framework, their application often lies outside of a state-sponsored legal system since they are frequently applied by multilateral development banks (MDBs), state agencies, and other organizations, which implement those sanctions not through applying laws, but by relying on their internal bylaws. World Bank , even though reluctant in
4284-483: A predecessor to modern collective action initiatives in the 1990s with its concept of the Island of Integrity , now known as an integrity pact . According to Transparency International, "collective action is necessary where a problem cannot be solved by individual actors" and therefore requires stakeholders to build trust and share information and resources. The World Bank Institute states that collective action "increases
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#17327759280134488-517: A reflection of the centralised French nation-state, which directed its construction . Nation states continue to build, for instance, specifically national motorway networks. Specifically, transnational infrastructure programmes, such as the Trans-European Networks , are a recent innovation. The nation-states typically had a more centralised and uniform public administration than their imperial predecessors: they were smaller, and
4692-450: A seated Shamash. Shamash wears the horned crown of divinity and has a solar attribute, flames, spouting from his shoulders. Contrastingly, Scheil, in his editio princeps , identified the seated figure as Hammurabi and the standing figure as Shamash. Scheil also held that the scene showed Shamash dictating to Hammurabi while Hammurabi held a scribe's stylus , gazing attentively at the god. Martha Roth lists other interpretations: "that
4896-421: A sequence. Van De Mieroop provides the following examples: If a physician performs major surgery with a bronze lancet upon an [ awīlum ] and thus heals the [ awīlum ], or opens an [ awīlum ]'s temple with a bronze lancet and thus heals the [ awīlum ]'s eye, he shall take ten shekels of silver (as his fee). If a physician performs major surgery with a bronze lancet upon an [ awīlum ] and thus causes
5100-532: A serious insult at that time when racism was gaining strength. Building the nation (as in France , it was the state that created the nation, and not the opposite process) is an ideal that the Spanish elites constantly reiterated, and, one hundred years later than Alcalá Galiano, for example, we can also find it in the mouth of the fascist José Pemartín , who admired the German and Italian modeling policies: "There
5304-728: A single day, simplification of government bureaucracy, and university entrance based on standardized exams rather than interviews. Laws in Georgia that deal with corruption include Articles 332–342 of its Criminal Code, the Law of Georgia on the Conflict of Interests and Corruption in Public Service, Money Laundering Law, and Law of Georgia on the Conflict of Interests and Corruption in Public Service (Art. 20). The trajectory of Georgia from highly corrupt to much cleaner governance supports
5508-496: A start, they have a different attitude to their territory compared to dynastic monarchies: it is semisacred and nontransferable. No nation would swap territory with other states simply, for example, because the king's daughter married. They have a different type of border , in principle, defined only by the national group's settlement area. However, many nation-states also sought natural borders (rivers, mountain ranges). They are constantly changing in population size and power because of
5712-418: A state can be complex. The presence of a state can encourage ethnogenesis , and a group with a pre-existing ethnic identity can influence the drawing of territorial boundaries or argue for political legitimacy . This definition of a "nation-state" is not universally accepted. "All attempts to develop terminological consensus around 'nation' failed", concludes academic Valery Tishkov . Walker Connor discusses
5916-410: A state where that ethnicity predominates. In a more general sense, a nation-state is simply a large, politically sovereign country or administrative territory. A nation-state may be contrasted with: This article mainly discusses the more specific definition of a nation-state as a typically sovereign country dominated by a particular ethnicity. The relationship between a nation (in the ethnic sense) and
6120-513: A state. In Germany, neither Jews nor the Roma were considered part of the people, and both were specifically targeted for persecution. German nationality law defined "German" based on German ancestry, excluding all non-Germans from the people. In recent years, a nation-state's claim to absolute sovereignty within its borders has been criticized. A global political system based on international agreements and supra-national blocs characterized
6324-542: A study conducted by Jensen and Malesky in 2017 provides empirical evidence that Japanese companies are less involved in bribery than companies based in other Asian countries that did not sign the convention. The United Kingdom was a founding member of the OECD working group on bribery and ratified the Anti-Bribery Convention, but faced significant problems in complying to its findings and the convention. It
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6528-403: A tooth for a tooth when one man destroys another's. Punishments determined by lex talionis could be transferred to the sons of the wrongdoer. For example, law 229 states that the death of a homeowner in a house collapse necessitates the death of the house's builder. The following law 230 states that if the homeowner's son died, the builder's son must die also. Persons were not equal before
6732-559: A traditional national heritage of civic nations , or territory-based nationalities . The idea of a nation-state was and is associated with the rise of the modern system of states, often called the " Westphalian system ", following the Treaty of Westphalia (1648). The balance of power , which characterized that system, depended for its effectiveness upon clearly defined, centrally controlled, independent entities, whether empires or nation states, which recognize each other's sovereignty and territory. The Westphalian system did not create
6936-561: A variety of gods individually to turn their particular attributes against the defacer. For example: "may the [storm] god Adad ... deprive him of the benefits of rain from heaven and flood from the springs" (3509'–3515': adad... zunnī ina šamê mīlam ina nagbim līṭeršu ); "may the god [of wisdom] Ea ... deprive him of all understanding and wisdom, and may he lead him into confusion" (3440'–3451': ea... uznam u nēmeqam līṭeršu-ma ina mīšītim littarrūšu ). Gods and goddesses are invoked in this order: The Code of Hammurabi
7140-484: A very unusual code—Reuven Yaron called the designation "Code" a "persistent misnomer". Vital areas of society and commerce are omitted. For example, Marc Van De Mieroop observes that the Code "deals with cattle and agricultural fields, but it almost entirely ignores the work of shepherds, vital to Babylonia's economy". Then, against the legislation theory more generally, highly implausible circumstances are covered, such as threshing with goats, animals far too unruly for
7344-546: Is 281 lines long and extremely forceful. Some of the curses are very vivid: "may the god Sin ... decree for him a life that is no better than death" (3486'–3508': sîn... balāṭam ša itti mūtim šitannu ana šīmtim lišīmšum ); "may he [the future defacer] conclude every day, month, and year of his reign with groaning and mourning" (3497'–3501': ūmī warḫī šanāt palēšu ina tānēḫim u dimmatim lišaqti ); may he experience "the spilling of his life force like water" (3435'–3436': tabāk napištišu kīma mê ). Hammurabi implores
7548-459: Is a collaborative anti-corruption activity that brings together representatives of the private sector, public sector and civil society. The idea stems from the academic analysis of the prisoner's dilemma in game theory and focuses on establishing rule-abiding practices that benefit every stakeholder, even if unilaterally each stakeholder might have an incentive to circumvent the specific anti-corruption rules. Transparency International first floated
7752-645: Is also cultural, and there is a strong separatist movement espoused by the political parties, the right-wing Vlaams Belang and the New Flemish Alliance . The Francophone Walloon identity of Belgium is linguistically distinct and regionalist . There is also unitary Belgian nationalism , several versions of a Greater Netherlands ideal, and a German-speaking community of Belgium annexed from Germany in 1920 and re-annexed by Germany in 1940–1944. However, these ideologies are all very marginal and politically insignificant during elections. China covers
7956-728: Is an intimate and decisive dualism, both in Italian fascism and in German National Socialism. On the one hand, the Hegelian doctrine of the absolutism of the state is felt. The State originates in the Nation, educates and shapes the mentality of the individual; is, in Mussolini's words, the soul of the soul» And will be found again two hundred years later, from the socialist Josep Borrell : The modern history of Spain
8160-480: Is an unfortunate history that meant that we did not consolidate a modern State. Independenceists think that the nation makes the State. I think the opposite. The State makes the nation. A strong State, which imposes its language, culture, education. The turn of the 20th century, and the first half of that century, have seen the most ethnic violence, coinciding with a racism that even came to identify states with races; in
8364-498: Is constitutionally a confederation of cantons and has four official languages. Still, it also has a "Swiss" national identity, a national history and a classic national hero, Wilhelm Tell . Innumerable conflicts have arisen where political boundaries did not correspond with ethnic or cultural boundaries. After World War II in the Josip Broz Tito era, nationalism was appealed to for uniting South Slav peoples. Later in
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8568-448: Is conveyed by suffixing verbs with -ma , "and". -ma can also have the sense "but". The Code is relatively well-understood, but some items of its vocabulary are controversial. As mentioned, the terms awīlum and muškēnum have proved difficult to translate. They probably denote respectively a male member of a higher and lower social class. Wolfram von Soden, in his Akkadisches Handwörterbuch , proposed that muškēnum
8772-709: Is currently ratified by all 34 active OAS-Member States. In 1997 the European Union (EU) adopted the EU Convention against corruption involving officials, which makes it illegal to engage in corrupt activities with officials from the European Union's administrative staff, or with officials from any member state of the EU. It forces the signatories to outlaw both active and passive bribing which involves any aforementioned official. Liability for unlawful actions
8976-428: Is either a soldier or [an auxiliary] who is taken captive in a royal fortress, and his son is able to perform the service obligation, the field and orchard shall be given to him, and he shall perform his father's service obligation. If his son is young and is unable to perform his father's service obligation, one third of the field and orchard shall be given to his mother, and his mother shall raise him. Here, following
9180-639: Is extend to the heads of those entities, whose agents were bribing officials. European states also ratified the Council of Europe 's Criminal and Civil Law Convention on Corruption , which were adopted in 1999. The former was an addition extended by passing the Additional Protocol to the Criminal Law Convention on Corruption . The two conventions on criminal law were signed by Belarus and all Council of Europe members, with
9384-608: Is included in the national anti-corruption statements of the UK, France, and Ghana, delivered at the International Anti-Corruption Conference 2018. Code of Hammurabi The Code of Hammurabi is a Babylonian legal text composed during 1755–1750 BC. It is the longest, best-organized, and best-preserved legal text from the ancient Near East . It is written in the Old Babylonian dialect of Akkadian , purportedly by Hammurabi , sixth king of
9588-482: Is indicated that Catalan "is taught in schools, printed and spoken, not only among the lower class, but also among people of first quality, also in social gatherings, as in visits and congresses", indicating that it is spoken everywhere "except in the royal courts". He also indicates that Catalan is also spoken "in the Kingdom of Valencia, in the islands of Mallorca, Menorca, Ibiza, Sardinia, Corsica and much of Sicily, in
9792-706: Is not actively prosecuting cases of bribery. 20 years before the OECD convention was ratified, the United Nations discussed a draft for a convention on corruption. The draft on an international agreement on illicit payments proposed in 1979 by the United Nations Economic and Social Council did not gain traction in the General Assembly , and was not pursued further. When the UN Office on Drugs and Crime (UNODC) presented its draft of
9996-616: Is often combined with reporting about it, in order to create publicity for the observed misbehavior. Those mechanisms are hence increasing the price of corrupt acts, by making them public and negatively impacting the image of the involved official. One example for such strategy of combating corruption by exposing corrupt individuals is the Albanian television show Fiks Fare that repeatedly reported on corruption by airing segments filmed with hidden cameras, in which officials are accepting bribes. Another sphere for engagement of civil society
10200-442: Is often seen as preferential over addressing it exclusively in the context of the nation state . The reasons for such preference are multidimensional, ranging from the necessary international cooperation for tracing international corruption scandals, to the binding nature of international treaties, and the loss in relative competitiveness by outlawing an activity that remains legal in other countries. The OECD Anti-Bribery Convention
10404-434: Is only concerned with active bribing. It is hence more reduced than other treaties on restricting corruption, to increase – as the working group's chairman Mark Pieth explained – the influence on its specific target. Empirical research by Nathan Jensen and Edmund Malesky suggests that companies based in countries that ratified the convention, are less likely to pay bribes abroad. The results are not exclusively explainable by
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#173277592801310608-527: Is perhaps justified by Hammurabi's interest in his subjects' affairs. His affinities with many different gods are stressed throughout. He is portrayed as dutiful in restoring and maintaining temples and peerless on the battlefield. The list of his accomplishments has helped establish that the text was written late in Hammurabi's reign. After the list, Hammurabi explains that he fulfilled Marduk's request to establish "truth and justice" ( kittam u mīšaram ) for
10812-653: Is regarded outside Assyriology as an important figure in the history of law and the document as a true legal code. The U.S. Capitol has a relief portrait of Hammurabi alongside those of other historic lawgivers. There are replicas of the stele in numerous institutions, including the headquarters of the United Nations in New York City and the Pergamon Museum in Berlin . Hammurabi (or Hammurapi),
11016-451: Is short: "I am Hammurabi, the shepherd, selected by the god Enlil" ( ḫammurabi rē'ûm nibīt enlil anāku ). Then Hammurabi continues for over 200 lines in a single nominal sentence with the anāku delayed to the very end (291). Hammurabi repeatedly calls himself na'dum , "pious" (lines 61, 149, 241, and 272). The metaphor of Hammurabi as his people's shepherd also recurs. It was a common metaphor for ancient Near Eastern kings, but
11220-428: Is structurally incapable of efficiently ruling out corruption. Combined with a significant variety in national laws, frequently changing regulations, and ambiguously worded laws, it is argued that non-state actors are needed to complement the fight against corruption and structure it in a more holistic way. An example for a more inclusive approach to combating corruption that goes beyond the framework set by lawmakers and
11424-452: Is that the Code is not a true code but an abstract treatise on how judgments should be formulated. This led Fritz Rudolf Kraus, in an early formulation of the theory, to call it jurisprudence ( Rechtssprüche ). Kraus proposed that it was a work of Mesopotamian scholarship in the same category as omen collections like šumma ālu and ana ittišu . Others have provided their own versions of this theory. A. Leo Oppenheim remarked that
11628-511: Is the Wolfsberg Group and in particular its Anti-Money Laundering Principles for Private Banking and Anti-Corruption Guidance , requiring the member banks to adhere to several principles directed against money laundering and corruption. The mechanism is designed to protect individual banks from any negative consequences of complying with the strict rules by collectively enforcing those regulations. The Wolfsberg Group in addition serves as
11832-472: Is the presumption of innocence ; the first two laws of the stele prescribe punishments, determined by lex talionis , for unsubstantiated accusations. Written evidence was valued highly, especially in matters of contract . One crime was given only one punishment. The laws also recognized the importance of the intentions of a defendant. Lastly, the Code's establishment on public stelae was supposedly intended to increase access to justice. Whether or not this
12036-518: Is the area of international asset recovery , which describes the activity of returning property to its legitimate owners after it was illegally acquired through corrupt actions. The process describes the whole procedure from gathering information on the criminal offence that initiated the transfer of assets, over their confiscation to their return. While recovery is mandated by UNCAC, it is not an activity singularity conducted by governments but attracts actors with different backgrounds, including academia ,
12240-457: Is the longest and best-organised legal text from the ancient Near East, as well as the best-preserved. The classification below (columns 1–3) is Driver & Miles', with several amendments, and Roth's translation is used. Laws represented by letters are those reconstructed primarily from documents other than the Louvre stele. The purpose and legal authority of the Code have been disputed since
12444-563: Is the prevention by educating about the negative consequences of corruption and a strengthening of ethical values opposing corruption. Framing corruption as a moral issue used to be the predominant way of fighting it but lost importance in the 20th century as other approaches became more influential. The biggest organization in the field of civil societal opposition towards corruption is the globally active NGO Transparency International (TI). NGOs are also providing material to educate practitioners on anti-corruption. Examples for such publications are
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#173277592801312648-631: The Volk , later opposed by Ernest Renan ). The increasing emphasis during the 19th century on the ethnic and racial origins of the nation led to a redefinition of the nation-state in these terms. Racism , which in Boulainvilliers 's theories was inherently anti patriotic and antinationalist, joined itself with colonialist imperialism and "continental imperialism ", most notably in pan-Germanic and pan-Slavic movements. The relationship between racism and ethnic nationalism reached its height in
12852-543: The British Empire , the Dutch Empire and smaller nations at what would now be called sub-state level. The multi-ethnic empire was a monarchy, usually absolute , ruled by a king, emperor or sultan . The population belonged to many ethnic groups, and they spoke many languages. The empire was dominated by one ethnic group, and their language was usually the language of public administration. The ruling dynasty
13056-495: The Code of Ur-Nammu , when Hammurabi produced his own Code. This suggests that earlier collections may have not only resembled the Code but influenced it. Raymond Westbrook maintained that there was a fairly consistent tradition of "ancient Near Eastern law" which included the Code of Hammurabi, and that this was largely customary law . Nonetheless, there are differences: for example, Stephen Bertman has suggested that where earlier collections are concerned with compensating victims,
13260-471: The Constitution can be seen as an early anti-corruption law, as it outlawed the acceptance of gifts and other favors from foreign governments and their representatives. Zephyr Teachout argued that giving and receiving presents held an important role in diplomacy but were often seen as potentially dangerous to a politician's integrity. Other early attempts to oppose corruption by law were enacted after
13464-610: The Decrees of Nueva Planta was the first step in the creation of the Spanish nation-state. As in other contemporary European states, political union was the first step in the creation of the Spanish nation-state, in this case not on a uniform ethnic basis, but through the imposition of the political and cultural characteristics of the dominant ethnic group, in this case the Castilians, over those of other ethnic groups, who became national minorities to be assimilated. In fact, since
13668-480: The First Dynasty of Babylon . The primary copy of the text is inscribed on a basalt stele 2.25 m (7 ft 4 + 1 ⁄ 2 in) tall. The stele was rediscovered in 1901 at the site of Susa in present-day Iran, where it had been taken as plunder six hundred years after its creation. The text itself was copied and studied by Mesopotamian scribes for over a millennium. The stele now resides in
13872-516: The Hebrew Bible "gave the world the model of nationhood, and even nation-statehood"; however, after the fall of Jerusalem , the Jews lost this status for nearly two millennia, while still preserving their national identity until "the more inevitable rise of Zionism ", in modern times, which sought to establish a nation-state . Eric Hobsbawm argues that the establishment of a French nation
14076-672: The Louvre , in Room 227 of the Richelieu wing. At the top is an image of Hammurabi with Shamash , the Babylonian sun god and god of justice. Below the image are about 4,130 lines of cuneiform text: One fifth contain a prologue and epilogue, while the remaining four fifths contain what are generally called the laws. Near the bottom, seven columns of the laws, each with more than eighty lines, were polished and erased in antiquity. The stele
14280-472: The Louvre Museum . The top of the stele features an image in relief of Hammurabi with Shamash , the Babylonian sun god and god of justice. Below the relief are about 4,130 lines of cuneiform text: one fifth contains a prologue and epilogue in poetic style, while the remaining four fifths contain what are generally called the laws. In the prologue, Hammurabi claims to have been granted his rule by
14484-508: The Muslim world , immediately after Muhammad died in 632, Caliphates were established. Caliphates were Islamic states under the leadership of a political-religious successor to the Islamic prophet Muhammad . These polities developed into multi-ethnic trans-national empires. The Ottoman sultan, Selim I (1512–1520) reclaimed the title of caliph, which had been in dispute and asserted by
14688-461: The OECD Working group on bribery) were founded to overcome corruption. Since the 2000s, the discourse became broader in scope. It became more common to refer to corruption as a violation of human rights , which was also discussed by the responsible international bodies. Besides attempting to find a fitting description for corruption, the integration of corruption into a human rights-framework
14892-717: The Ottoman Empire broke up after the First World War , but the Russian Empire was replaced by the Soviet Union in most of its multinational territory after the Russian Civil War . A few of the smaller states survived: the independent principalities of Liechtenstein , Andorra , Monaco , and the Republic of San Marino . ( Vatican City is a special case. All of the larger Papal States save
15096-767: The United Kingdom until World War I , when the Germans breached its neutrality. Currently, Belgium is divided between the Flemings in the north, the French-speaking population in the south, and the German-speaking population in the east. The Flemish population in the north speaks Dutch, the Walloon population in the south speaks either French or, in the east of Liège Province , German. The Brussels population speaks French or Dutch. The Flemish identity
15300-624: The United Nations Convention against Corruption (UNCAC) in 2003, it proved more successful. UNCAC was ratified in 2003 and became effective in 2005. It constitutes an international treaty, currently signed by 186 partners, including 182 member states of the United Nations and four non-state signatories. UNCAC has a broader scope than the OECD Anti-Bribery Convention, as it does not exclusively focus on public officials but includes inter alia corruption in
15504-839: The World Bank (such as through its Independent Evaluation Group ), the International Monetary Fund (IMF), and regional organizations like the Andean Community (within the framework of the Plan Andino de Lucha contra la Corrupción ). The first convention adopted against corruption by a regional organization was the Organization of American States ' (OAS) Inter-American Convention Against Corruption (IACAC). The convention, which targeted both active and passive bribing, came into force in 1997. It
15708-419: The media can have an efficient influence on the level of corruption. More over, Bertot et al. (2010) extended the list of potentially involved agents of civil society by introducing the notion of decentralized, non-formally organized anti-corruption activism through social media channels. Taking into consideration that precise and comprehensive definitions of corrupt actions are lacking, the legal perspective
15912-575: The private sector and non-bribery corruption, like e.g. money laundering and abuse of power . UNCAC also specifies a variety of mechanisms to combat corruption, e.g. international cooperation in detecting and prosecuting corruption, the cancellation of permits, when connected to corrupt behavior, and the protection of whistleblowers . The implementation of UNCAC is monitored by the International Association of Anti-Corruption Authorities (IAACA) Mark Lawrence Wolf floated in 2012
16116-467: The rule of law , as was pointed out by Kofi Annan . Those effects claimed by Annan could be proven by a variety of empirical studies, as reported by Juli Bacio Terracino. The increased awareness of corruption was widespread and shared across professional, political, and geographical borders. While an international effort against corruption seemed to be unrealistic during the Cold War , a new discussion on
16320-572: The "nation-state project of the segment-state trumped the nation-state project of prior statehood. In Moldova, despite strong agitation from university faculty and students for reunification with Romania , the nation-state project forged within the Moldavian SSR trumped the project for a return to the interwar nation-state project of Greater Romania ." See Controversy over linguistic and ethnic identity in Moldova for further details. Israel
16524-459: The 20th century through fascism and Nazism . The specific combination of "nation" ("people") and "state" expressed in such terms as the völkischer Staat and implemented in laws such as the 1935 Nuremberg laws made fascist states such as early Nazi Germany qualitatively different from non-fascist nation-states. Minorities were not considered part of the people ( Volk ) and were consequently denied to have an authentic or legitimate role in such
16728-442: The 20th century to use sanctions, turned into a major source of this specific kind of applying anti-corruption measures. the involved MDBs are typically applying an administrative process that includes judicial elements, when a suspicion about corruption in regard to the granted projects surfaces. In case of identifying a sanctionable behavior, the respective authority can issue a debarment or milder forms, e.g. mandatory monitoring of
16932-569: The 20th century, after the break-up of the Soviet Union, leaders appealed to ancient ethnic feuds or tensions that ignited conflict between the Serbs , Croats , and Slovenes , as well as Bosniaks , Montenegrins and Macedonians , eventually breaking up the long collaboration of peoples. Ethnic cleansing was carried out in the Balkans, destroying the formerly socialist republic and producing
17136-459: The 21st century. Embezzlement , cronyism , nepotism , and other strategies of gaining public assets by office holders were not yet constructed as unlawful or immoral, as positions of power were regarded a personal possession rather than an entrusted function. With the popularization of the concept of public interest and the development of a professional bureaucracy in the 19th century offices became perceived as trusteeships instead of property of
17340-461: The Babylonian sky god and king of the gods , granted rulership over humanity to Marduk . Marduk chose the centre of his earthly power to be Babylon, which in the real world worshipped him as its tutelary god . Marduk established the office of kingship within Babylon. Finally, Anum, along with the Babylonian wind god Enlil , chose Hammurabi to be Babylon's king. Hammurabi was to rule "to prevent
17544-752: The Bill S-14 (also called Fighting Foreign Corruption Act). Additionally, Bill S-14 banned facilitation payments and increased the possible punishment for violating the CFPOA. An increase in the maximum prison sentence for bribery to 14 years was one of the increases in sanctioning. According to TI's report from 2014, Canada is moderately enforcing the OECD Convention against bribery. In the wake of economic liberalization , corruption increased in China because anti-corruption laws were insufficiently applied. The anti-corruption campaign that started in 2012 , however, changed
17748-827: The Bribery Act to overcome the damage in reputation caused by the Al-Yamamah deal. Sappho Xenakis and Kalin Ivanov on the other hand claim that the negative impact on the UK's reputation was very limited. Transparency International stated in 2014 that the United Kingdom fully complied to the OECD Convention against Bribery. Already at the foundation of the United States discussions on the possibility of preventing corruption were held, leading to increased awareness for corruption's threads. Article 1, Section 9 of
17952-643: The Castilian language, for which purpose he will give the most temperate and disguised measures so that the effect is achieved, without the care being noticed." From there, actions in the service of assimilation, discreet or aggressive, were continued, and reached to the last detail, such as, in 1799, the Royal Certificate forbidding anyone to "represent, sing and dance pieces that were not in Spanish." These nationalist policies, sometimes very aggressive, and still in force, have been, and still are,
18156-484: The Catalans. One of the responses of Spanish nationalism came from the military state with statements such as that of the publication La Correspondencia militar : "The Catalan problem is not solved, well, by freedom, but by restriction; not by palliatives and pacts, but by iron and fire". Another came from important Spanish intellectuals, such as Pio Baroja and Blasco Ibáñez , calling the Catalans " Jews ", considered
18360-746: The Code evinced. Several singled out perceived secularism : Owen Jenkins, for example, but even Charles Souvay for the Catholic Encyclopedia , who opined that unlike the Mosaic Law the Code was "founded upon the dictates of reason". The question of the Code's influence on the Mosaic Law received much early attention. Scholars also identified Hammurabi with the Biblical figure Amraphel , but this proposal has since been abandoned. The relief appears to show Hammurabi standing before
18564-407: The Code is concerned with physically punishing offenders. Additionally, the above conclusions of similarity and influence apply only to the law collections themselves. The actual legal practices from the context of each code are mysterious. Nation state List of forms of government A nation-state is a political unit where the state , a centralized political organization ruling over
18768-401: The Code of Hammurabi and similar Mesopotamian law collections "represent an interesting formulation of social criticism and should not be taken as normative directions". This interpretation bypasses the problem of low congruence between the Code and actual legal judgments. Secondly, the Code does bear striking similarities to other works of Mesopotamian scholarship. Key points of similarity are
18972-473: The Code of Lipit-Ishtar in 1947, the Laws of Eshnunna in 1948, and the Code of Ur-Nammu in 1952. Early commentators dated Hammurabi and the stele to the 23rd century BC. However, this is an earlier estimate than even the " ultra-long chronology " would support. The Code was compiled near the end of Hammurabi's reign. This was deduced partly from the list of his achievements in the prologue. Scheil enthused about
19176-418: The Code or any other law collection, despite the great scale of the corpus. Two references to prescriptions on "a stele" ( narû ) come closest. In contrast, numerous judgments cite royal mīšarum -decrees. Raymond Westbrook held that this strengthened the argument from silence that ancient Near Eastern legal "codes" had legal import. Furthermore, many Old Babylonian judgments run entirely counter to
19380-434: The Code suggests about Old Babylonian society and its legal system. For example, whether it demonstrates that there were no professional advocates, or that there were professional judges. Scholars who approach the Code as a self-contained document renounce such claims. One principle widely accepted to underlie the Code is lex talionis , or "eye for an eye". Laws 196 and 200 respectively prescribe an eye for an eye and
19584-411: The Code to the scribal tradition within which "list science" emerged also explains why trainee scribes copied and studied it for over a millennium. The Code appears in a late Babylonian (7th–6th century BC) list of literary and scholarly texts. No other law collection became so entrenched in the curriculum. Rather than a code of laws, then, it may be a scholarly treatise. Much has been written on what
19788-685: The Code was published by Father Jean-Vincent Scheil in 1902, in the fourth volume of the Reports of the Delegation to Persia ( Mémoires de la Délégation en Perse ). After a brief introduction with details of the excavation, Scheil gave a transliteration and a free translation into French, as well as a selection of images. Editions in other languages soon followed: in German by Hugo Winckler in 1902, in English by C. H. W. Johns in 1903, and in Italian by Pietro Bonfante, also in 1903. The Code
19992-403: The Code's prescriptions. A second theory is that the Code is a sort of law report, and as such contains records of past cases and judgments, albeit phrased abstractly. This would provide one explanation for the casuistic format of the "laws"; indeed, Jean Bottéro believed he had found a record of a case that inspired one. However, such finds are inconclusive and very rare, despite the scale of
20196-529: The Council of Europe. As the name implies, it requires the States Parties to provide remedies for individuals materially harmed by corruption. The individual who was negatively impacted by an act of corruption is entitled to rely on laws to receive compensation from the culprit or the entity represented by the culprit, explicitly including the possibility of compensation from the state, if the corrupt deed
20400-556: The FCPA and the UK Bribery Act of 2010 strengthened the importance of concepts like compliance, as fines for corrupt behavior became more likely and there was a financial increase on these fines. When a company is sued because its employers engaged in corruption, a well-established compliance system can serve as proof that the organization attempted to avoid those acts of corruption. Accordingly, fines can be reduced, which incentivizes
20604-693: The Kingdom of the Netherlands are: Each is expressly designated as a land in Dutch law by the Charter for the Kingdom of the Netherlands . Unlike the German Länder and the Austrian Bundesländer , landen is consistently translated as "countries" by the Dutch government. While historical monarchies often brought together different kingdoms/territories/ethnic groups under
20808-562: The Mesopotamian legal corpus. Furthermore, legal judgments were frequently recorded in Mesopotamia, and they recount the facts of the case without generalising them. These judgments were concerned almost exclusively with points of fact, prompting Martha Roth to comment: "I know of only one case out of thousands extant that might be said to revolve around a point of law". A third theory, which has gained traction within Assyriology,
21012-535: The OECD-convention on bribery that did not implement its national laws against bribes for foreign officials. While the Corruption of Foreign Public Officials Act (CFPOA) was passed in 1999, it was often not used to prosecute foreign bribery by Canadian companies, as the bill had a provision that the act of bribery had to have a "real and substantial link" with Canada. Such provision was canceled in 2013 by
21216-604: The United Kingdom. It is targeting bribery and receiving bribes, both towards national and foreign public officials. Furthermore, it is assigning responsibility to organizations whose employees are engaging in bribing and hence obliges companies to enforce compliance -mechanisms to avoid bribing on their behalf. The Bribery Act goes in many points beyond the US-American FCPA, as it also criminalizes facilitation payments and private sector corruption inter alia. Heimann and Pieth are arguing that British policy makers supported
21420-683: The United States and by working on global conventions against foreign bribery, the government of the US tried to reduce the negative impact of FCPA on US-American companies. Alongside the FCPA, additional laws were implement that are directly influencing anti-corruption activities. Section 922 of the Dodd–Frank Wall Street Reform and Consumer Protection Act for instance extents the Securities Exchange Act of 1934 by
21624-501: The United States are complying with the convention. In 2011 the American Anti-Corruption Act was drafted, written in part by former Federal Election Commission chairman Trevor Potter , with input from dozens of strategists, reformers and constitutional attorneys from across the ideological divide, as a type of model legislation to limit or outlaw practices which contribute to political corruption. The idea
21828-480: The Vall of Aran and Cerdaña". The nationalization process accelerated in the 19th century, in parallel to the origin of Spanish nationalism , the social, political and ideological movement that tried to shape a Spanish national identity based on the Castilian model, in conflict with the other historical nations of the State. Politicians of the time were aware that despite the aggressive policies pursued up to that time,
22032-576: The Vatican itself were occupied and absorbed by Italy by 1870. The resulting Roman Question was resolved with the rise of the modern state under the 1929 Lateran treaties between Italy and the Holy See .) "Legitimate states that govern effectively and dynamic industrial economies are widely regarded today [2004] as the defining characteristics of a modern nation-state." Nation-states have their characteristics differing from pre-national states. For
22236-579: The [ awīlum ]'s death, or opens an [ awīlum ]'s temple with a bronze lancet and thus blinds the [ awīlum ]'s eye, they shall cut off his hand. Laws 215 and 218 illustrate the principle of opposition: one variable of the first law, the outcome of the operations, is altered to create the second. If there is either a soldier or [an auxiliary] who is taken captive while serving in a royal fortress [...] if he should [...] return and get back to his city, they shall return to him his field and orchard and he himself shall perform his service obligation. If there
22440-674: The acceptance of benefits for official acts qualifies as an offence against the act. Less frequently laws to prosecute corruption through auxiliary criminal activities include the Mail Fraud Statute and the False Statements Accountability Act . In 1977, the United States of America adopted the Foreign Corrupt Practices Act (FCPA), which criminalized corrupt interactions with foreign officials. Since its implementation,
22644-509: The aristocracy"; others have left it untranslated. Certain legal terms have also proved difficult to translate. For example, dīnum and dīttum can denote the law in general as well as individual laws, verdicts, divine pronouncements and other phenomena. mīšarum can likewise denote the law in general as well as a kind of royal decree. The Code of Hammurabi bears strong similarities to earlier Mesopotamian law collections. Many purport to have been written by rulers, and this tradition
22848-404: The bribes and the company on whose behalf the bribes were offered may face negative consequences. The Company Act also enables the punishment of senior management if the payment was made possible by their negligence . Transparency International criticized Japan in 2014 for not enforcing the law, hence only complying to the convention on paper and providing no consequences to offenders. Nevertheless,
23052-549: The business conduct or the payment of fines. Excluding companies with a track record of corruption from bidding for contracts, is another form of sanctioning that can be applied by procurement agencies to ensure compliance to external and internal anti-corruption rules. This aspect is of specific importance, as public procurement is both in volume and frequency especially vulnerable for corruption. In addition to setting incentives for companies to comply with anti-corruption standards by threatening their exclusion from future contracts,
23256-485: The campaign is rooted in provisions of the Anti-Unfair Competition Law and the criminal law . From 2003 to 2012, Georgia moved from one of the ten most-corrupt countries based on Corruption Perceptions Index rankings to among the top third for clean government. Anti-corruption reforms implemented by president Mikheil Saakashvili resulted in the firing of all 16,000 traffic police officers in
23460-474: The case detailed in the protasis ("if" clause ) and the remedy given in the apodosis ("then" clause). The protasis begins šumma , "if", except when it adds to circumstances already specified in a previous law (e.g. laws 36, 38, and 40). The preterite is used for simple past verbs in the protasis, or possibly for a simple conditional. The perfect often appears at the end of the protasis after one or more preterites to convey sequence of action, or possibly
23664-642: The case of Spain, with a supposed Spanish race sublimated in Castilian, of which national minorities were degenerate forms, and the first of those that needed to be exterminated. There were even public proposals for the repression of whole Catalonia, and even the extermination of Catalans, such as that of Juan Pujol, Head of Press and Propaganda of the Junta de Defensa Nacional during the Spanish Civil War , in La Voz de España , or that of Queipo de Llano , in
23868-519: The civil wars in Croatia and Bosnia and Herzegovina in 1992–95, resulting in mass population displacements and segregation that radically altered what was once a highly diverse and intermixed ethnic makeup of the region. These conflicts were mainly about creating a new political framework of states, each of which would be ethnically and politically homogeneous. Serbs, Croats and Bosniaks insisted they were ethnically distinct, although many communities had
24072-588: The concept is currently not scheduled by any organizations with the authority of conducting such step. In 2011, the International Anti-Corruption Academy was created as an intergovernmental organization by treaty to teach on anti-corruption topics. Many other intergovernmental organizations are working on the reduction of corruption without issuing conventions binding for its members after ratification. Organizations that are active in this field include, but are not limited to,
24276-429: The costs of corruption for those involved by making fines more likely and more severe. As corruption incidences often happen in the interaction between representatives of private sector companies and public officials, a meaningful step against corruption can be taken inside of public administrations. The concept of good governance can accordingly be applied to increase the integrity of administrations, decreasing hence
24480-516: The creation of a national identity under this theory. Some nation-states, such as Germany and Italy , came into existence at least partly as a result of political campaigns by nationalists during the 19th century. In both cases, the territory was previously divided among other states, some very small. At first, the sense of common identity was a cultural movement, such as in the Völkisch movement in German-speaking states, which rapidly acquired
24684-701: The cultural uniformity and homogeneity of the population increased. Conversely, the cultural divergence at the border became sharper: in theory, a uniform French identity extends from the Atlantic coast to the Rhine , and on the other bank of the Rhine, a uniform German identity begins. Both sides have divergent language policy and educational systems to enforce that model. The notion of a unifying "national identity" also extends to countries that host multiple ethnic or language groups, such as India . For example, Switzerland
24888-405: The development of Assyriological science since the days of Rawlinson and Layard ". Charles Francis Horne commended the "wise law-giver" and his "celebrated code". James Henry Breasted noted the Code's "justice to the widow, the orphan, and the poor", but remarked that it "also allows many of the old and naïve ideas of justice to stand". Commentators praised the advanced society they believed
25092-415: The end of World War II . The Bribery and Conflict of Interest Act of 1962 for example regulates the sanctions for bribing national officials, respectively the acceptance of bribes by national officials, and the abuse of power for their personal interest. The Hobbs Act of 1946 is another law frequently applied by US-American prosecutors in anti-corruption cases. Prosecutors are using the act by arguing that
25296-497: The exception of Estonia , which abstains from the Additional Protocol. The Criminal Law Convention is currently by 48 States, while the Additional Protocol is signed by 44 countries. Both conventions are aiming at the protection of judicial authorities against the negative impact of corruption. The convention on Civil Law is currently ratified by 35 countries, all of which are, with the exception of Belarus, members of
25500-402: The existence of criminal law , as those laws are thought to, on the one hand, bring justice by holding individuals accountable for their wrongdoing, justice can be achieved by sanctioning those corrupted individuals, and potential criminals are deterred by having the consequences of their potential actions demonstrated to them. Approaching the fight against corruption in an international setting
25704-542: The fight against corruption - which was mainly directed to improve the investment environment of Armenia, and as a result economic indexes were improved. Brazil's Anti-Corruption Act (officially "Law No. 12,846" and commonly known as the Clean Company Act") was enacted in 2014 to target corrupt practices among business entities doing business in Brazil. It defines civil and administrative penalties, and provides
25908-399: The foremost role taken by representatives of the civil society is the monitoring of governments, politicians, public officials, and others to increase transparency . Other means to this end might include pressure campaigns against certain organizations, institutions, or companies. Investigative journalism is another way of identifying potentially corrupt dealings by officials. Such monitoring
26112-651: The frequency of nation-state creation to processes of diffusion that emanate from international organizations. In Europe , during the 18th century, the classic non-national states were the multiethnic empires , the Austrian Empire , the Kingdom of France (and its empire ), the Kingdom of Hungary , the Russian Empire , the Portuguese Empire , the Spanish Empire , the Ottoman Empire ,
26316-617: The global impact of corruption became possible, leading to an official condemnation of corruption by governments, companies, and various other stakeholders. The 1990s additionally saw an increase in press freedom, the activism of civil societies, and global communication through an improved communication infrastructure, which paved the way to a more thorough understanding of the global prevalence and negative impact of corruption. In consequence to those developments, international non-governmental organizations (e.g. Transparency International ) and inter-governmental organizations and initiatives (e.g.
26520-429: The gods "to prevent the strong from oppressing the weak". The laws are casuistic , expressed as "if ... then" conditional sentences . Their scope is broad, including, for example, criminal law , family law , property law , and commercial law . Modern scholars responded to the Code with admiration at its perceived fairness and respect for the rule of law , and at the complexity of Old Babylonian society. There
26724-458: The gods on any man who disobeys or erases his pronouncements (3360'–3641', the end of the text). The epilogue contains much legal imagery, and the phrase "to prevent the strong from oppressing the weak" (3202'–3203': dannum enšam ana lā ḫabālim ) is reused from the prologue. However, the king's main concern appears to be ensuring that his achievements are not forgotten and his name not sullied. The list of curses heaped upon any future defacer
26928-519: The idea to launch an International Anti-Corruption Court , as either a part of the already existing International Criminal Court , or as an equivalent to it. The suggestion was widely discussed and endorsed by a variety of NGOs including Global Organization of Parliamentarians Against Corruption (GOPAC), Global Witness , Human Rights Watch , the Integrity Initiatives International (III), and TI. An implementation of
27132-447: The illegal character of those offenses was fully recognized. Where legislation existed prior to the ratification of the OECD convention, the implementation resulted in an increased compliance with the legal framework. Corruption is often addressed by specialized investigative or prosecution authorities, often labelled as anti-corruption agencies (ACA), that are tasked with varying duties and subject to varying degrees of independence from
27336-498: The impact and credibility of individual action, brings vulnerable individual players into an alliance of like-minded organizations and levels the playing field between competitors. Anti-corruption collective action initiatives are varied in type, purpose and stakeholders but are usually targeted at the supply side of bribery. They often take the form of collectively agreed anti-corruption declarations or standard-setting initiatives such as an industry code of conduct . A prominent example
27540-412: The implementation of incentive structures that reward compliance and punish the non-fulfillment of compliance rules. By aligning the self-interest of the agent with the societal interest of avoiding corruption, a reduction in corruption can thus be achieved. The field of compliance can generally be perceived as an internalization of external laws in order to avoid their fines. The adoption of laws like
27744-540: The implementation of an efficient compliance system. In 2012, the US-authorities decided not to prosecute Morgan Stanley in a case of bribery in China under FCPA-provisions due to its compliance program. This case demonstrates the relevance of the compliance approach. Anti-corruption collective action is a form of collective action with the aim of combatting corruption and bribery risks in public procurement . It
27948-406: The impressions surrounding the characters of " nation ", " (sovereign) state ", "nation-state", and " nationalism ". Connor, who gave the term " ethnonationalism " wide currency, also discusses the tendency to confuse nation and state and the treatment of all states as if nation states. The origins and early history of nation-states are disputed. A major theoretical question is: "Which came first,
28152-635: The inhabitants shared the language of the surrounding region. In some cases, these states were overthrown by nationalist uprisings in the 19th century. Liberal ideas of free trade played a role in German unification, which was preceded by a customs union , the Zollverein . However, the Austro-Prussian War and the German alliances in the Franco-Prussian War were decisive in the unification. The Austro-Hungarian Empire and
28356-548: The internal compliance to anti-corruption rules by the procurement agency has central importance. Such step should according to anti-corruption scholars Adam Graycar and Tim Prenzler include precisely and unambiguously worded rules, a functional protection and support of whistleblowers, and a system that notifies supervisors early about the potential dangers of conflicts of interest or corruption-related incidents. Michael Johnston, among others, argued that non-governmental organizations (NGOs), Civil Society Organizations (CSOs), and
28560-483: The king is offering the laws to the god; that the king is accepting or offering the emblems of sovereignty of the rod and ring; or—most probably—that these emblems are the measuring tools of the rod-measure and rope-measure used in temple-building". Hammurabi may even be imitating Shamash. It is certain, though, that the draughtsman showed Hammurabi's close links to the divine realm, using composition and iconography. The prologue and epilogue together occupy one-fifth of
28764-823: The kings had to swear by the Laws of each territory before the respective Parliaments . Forming the Spanish Empire , at this time the Hispanic Monarchy had its maximum territorial expansion. After the War of the Spanish Succession , rooted in the political position of the Count-Duke of Olivares and the absolutism of Philip V , the assimilation of the Crown of Aragon by the Castilian Crown through
28968-562: The law ; not just age and profession but also class and gender dictated the punishment or remedy they received. Three main kinds of person, awīlum , muškēnum , and wardum (male)/ amtum (female), are mentioned throughout the Code. A wardum / amtum was a male/female slave. As for awīlum and muškēnum , though contentious, it seems likely that the difference was one of social class, with awīlum meaning something like "gentleman" and muškēnum something like "commoner". The penalties were not necessarily stricter for
29172-405: The law served to prosecute domestic and foreign companies, who bribed officials outside of the United States. As no other country implemented a similar law up to the 1990s, US-American companies faced disadvantages for their global operations. In addition to the legal status of corruption abroad, many countries also treated bribes as tax-deductible . Through applying the law to companies with ties to
29376-425: The likelihood that officials will agree on engaging in corrupt behavior. Transparency is one aspect of good governance. Transparency initiatives can help to detect corruption and hold corrupt officials and politicians accountable. Another aspect of good governance as a tool to combat corruption lies in the creation of trust toward state institutions. Gong Ting and Xiao Hanyu for instance argue that citizens, who have
29580-414: The limited restrictions of their borders. The most noticeable characteristic is the degree to which nation-states use the state as an instrument of national unity in economic, social and cultural life. The nation-state promoted economic unity by abolishing internal customs and tolls . In Germany, that process, the creation of the Zollverein , preceded formal national unity. Nation states typically have
29784-513: The list format and the order of the items, which Ann Guinan describes as a complex "serial logic". Marc Van De Mieroop explains that, in common with other works of Mesopotamian scholarship such as omen lists, king lists, and god lists, the entries of the Code of Hammurabi are arranged according to two principles. These are "opposition"—whereby a variable in one entry is altered to make another entry—and "pointillism"—whereby new conditions are added to an entry, or paradigmatic series pursued, to generate
29988-518: The media, CSOs, and other non state actors. In this field of anti-corruption activism, representatives of the civil society are often taking a different stance than in other areas, as they are regularly consulted for assisting administrations with their respective expertise and are hence enabling state actions. Such strong role of NSAs was also recognized by UNCAC's States Parties. Instead of relying purely on deterrence, as suggested by Robert Klitgaard (see section on prevention ), economists are pursuing
30192-439: The mid-20th century. Theories fall into three main categories: that it is legislation , whether a code of law or a body of statutes ; that it is a sort of law report , containing records of past cases and judgments; and that it is an abstract work of jurisprudence . The jurisprudence theory has gained much support within Assyriology. The term "code" presupposes that the document was intended to be enforced as legislation. It
30396-410: The mid-3rd millennium BC, whose reforms combatted corruption. Mesopotamia has the most comprehensive surviving legal corpus from before the Digest of Justinian , even compared to those from ancient Greece and Rome . The first copy of the text found, and still the most complete, is on a 2.25 m (7 ft 4 + 1 ⁄ 2 in) stele . The stele is now displayed on the ground floor of
30600-538: The nation or the nation-state?" Scholars such as Steven Weber , David Woodward , Michel Foucault and Jeremy Black have advanced the hypothesis that the nation-state did not arise out of political ingenuity or an unknown undetermined source, nor was it a political invention; rather, it is an inadvertent by-product of 15th-century intellectual discoveries in political economy , capitalism , mercantilism , political geography , and geography combined with cartography and advances in map-making technologies . It
30804-415: The nation-state as a 19th-century European phenomenon facilitated by developments such as state-mandated education, mass literacy and mass media . However, historians also note the early emergence of a relatively unified state and identity in Portugal and the Dutch Republic , and some date the emergence of nations even earlier. Adrian Hastings , for instance, argued that Ancient Israel as depicted in
31008-425: The nation-state, but the nation-state meets the criteria for its component states (by assuming that there is no disputed territory). Before the Westphalian system, the closest geopolitical system was the "Chanyuan system" established in East Asia in 1005 through the Treaty of Chanyuan , which, like the Westphalian peace treaties, designated national borders between the independent regimes of China's Song dynasty and
31212-402: The notion that piecemeal anti-corruption reforms are less effective than anti-corruption initiatives with broad scope. After signing the OECD-Convention on Combating Bribery of Foreign Public Officials, Japan implemented the Unfair Competition Prevention Act (UCPA) to comply with the convention. The law states that it is illegal to bribe foreign public officials. The individual who was offering
31416-418: The number of Italian speakers in Italy was even lower at the time of Italian unification , similar arguments have been made regarding the modern Italian nation, with both the French and the Italian states promoting the replacement of various regional dialects and languages with standardized dialects . The introduction of conscription and the Third Republic 's 1880s laws on public instruction facilitated
31620-447: The number of corruption investigations started by law enforcement agencies in the country during the first half of 2018 is more than double compared with the number of the criminal cases against corruption cases started during the first half of 2017. Out of the 786 cases initiated in the beginning of 2018 - 579 resulted in criminal cases. Starting from the first months of the anticorruption plan implementation, Armenia carried out actions in
31824-430: The office holder, leading to legislation against and a negative perception of those additional forms of corruption. Especially in diplomacy and for international trade purposes, corruption remained a generally accepted phenomenon of the political and economic life throughout the 19th and big parts of the 20th century. In the 1990s corruption was increasingly perceived to have a negative impact on economy , democracy , and
32028-403: The other Christian kings of the peninsula: "... if these four Kings of Spain whom he named, who are of one flesh and blood, held together, little need they fear all the other powers of the world. ..". After the dynastic union of the Catholic Monarchs in the 15th century, the Spanish Monarchy ruled over different kingdoms, each with its own cultural, linguistic and political particularities, and
32232-467: The people (292–302), although the prologue never directly references the laws. The prologue ends "at that time:" (303: inūmišu ) and the laws begin. Unlike the prologue, the 500-line epilogue is explicitly related to the laws. The epilogue begins (3144'–3151'): "these are the just decisions which Hammurabi ... has established" ( dīnāt mīšarim ša ḫammurabi... ukinnu-ma ). He exalts his laws and his magnanimity (3152'–3239'). He then expresses
32436-422: The political unification of 1714, Spanish assimilation policies towards Catalan-speaking territories ( Catalonia , Valencia , the Balearic Islands , part of Aragon ) and other national minorities, as Basques and Galicians , have been a historical constant. The process of assimilation began with secret instructions to the corregidores of the Catalan territory: they "will take the utmost care to introduce
32640-422: The population was less diverse. (The internal diversity of the Ottoman Empire , for instance, was very great.) After the 19th-century triumph of the nation-state in Europe, regional identity was subordinate to national identity in regions such as Alsace-Lorraine , Catalonia , Brittany and Corsica . In many cases, the regional administration was also subordinated to the central (national) government. This process
32844-452: The population, are the largest ethnic minority in Israel. Israel also has very small communities of Armenians , Circassians , Assyrians , Samaritans . There are also some non-Jewish spouses of Israeli Jews. However, these communities are very small, and usually number only in the hundreds or thousands. The Kingdom of the Netherlands presents an unusual example in which one kingdom represents four distinct countries. The four countries of
33048-420: The possibility of reductions in penalties for cooperation with law enforcement under a written leniency agreement signed and agreed to between the business and the government. This had major implications in Operation Car Wash , and resulted in major agreements such as the Odebrecht–Car Wash plea bargain agreements and the recovery of billions of dollars in fines. Canada remained one of the last signatories of
33252-414: The post-war era. Non-state actors, such as international corporations and non-governmental organizations , are widely seen as eroding the economic and political power of nation-states. According to Andreas Wimmer and Yuval Feinstein, nation-states tended to emerge when power shifts allowed nationalists to overthrow existing regimes or absorb existing administrative units. Xue Li and Alexander Hicks links
33456-608: The prescriptions themselves bear "an astonishing absence ... of all theological or even ceremonial law". The laws are written in the Old Babylonian dialect of Akkadian. Their style is regular and repetitive, and today they are a standard set text for introductory Akkadian classes. However, as A. Leo Oppenheim summarises, the cuneiform signs themselves are "vertically arranged ... within boxes placed in bands side by side from right to left", an arrangement already antiquated by Hammurabi's time. The laws are expressed in casuistic format: they are conditional sentences with
33660-467: The principle of pointillism, circumstances are added to the first entry to create more entries. Pointillism also lets list entries be generated by following paradigmatic series common to multiple branches of scholarship. It can thus explain the implausible entries. For example, in the case of the goat used for threshing (law 270), the previous laws concern other animals that were used for threshing. The established series of domesticated beasts dictated that
33864-408: The regulatory mechanisms and potential sanctions triggered through this process but are equally influenced by less formal mechanisms, e.g. the peer reviews by officials from other signatories and the potentially resulting influences on the respective country's image. Groups like TI, however, also questioned whether the results of the process are sufficient, especially as a significant number of countries
34068-535: The relation towards corruption. This campaign led to increased press coverage of the topic and a sharp increase in court cases dedicated to the offense. The campaign was primarily led by the Central Commission for Discipline Inspection (CCDI), an internal body of the Communist Party and secondarily by the People's Procuratorate . CCDI cooperated with investigative authorities in several ways, such as passing incriminating material detected by its internal investigation, to prosecutors. The underlying legal regulations for
34272-594: The relief portion of the stele, especially the beards of Hammurabi and Shamash, was reworked at the same time. Roth suggests the stele was taken as plunder from Sippar, where Hammurabi lived towards the end of his reign. Fragments of a second and possibly third stele recording the Code were found along with the Louvre stele at Susa. Over fifty manuscripts containing the laws are known. They were found not only in Susa but also in Babylon, Nineveh , Assur , Borsippa , Nippur , Sippar , Ur, Larsa, and more. Copies were created during Hammurabi's reign, and also after it, since
34476-540: The respective government, regulations, and powers, depending on their role in the architecture of the respective national law enforcement system. One of the earliest precursors of such agencies is the anti-corruption commission of New York City , which was established in 1873. A surge in the numbers of national ACAs can be noted in the last decade of the 20th and the first decade of the 21st century. In 2019 Armenian Government approved Anti-Corruption Strategy and its implementation plan between 2019 and 2022. Under this strategy
34680-431: The rules and suggestions provided by the International Chamber of Commerce (ICC), the World Economic Forum (WEF), and TI. Persistent work by civil societal organizations can also go beyond establishing a knowledge about the negative impact of corruption and serve as way to build up political will to prosecute corruption and engage in counter-corruption measures. One prominent field of activism for non-state actors (NSAs)
34884-416: The same crown, in modern nation states political elites seek a uniformity of the population, leading to state nationalism. In the case of the Christian territories of the future Spain , neighboring Al-Andalus , there was an early perception of ethnicity, faith and shared territory in the Middle Ages (13th–14th centuries), as documented by the Chronicle of Muntaner in the proposal of the Castilian king to
35088-409: The seed of repeated territorial conflicts within the State. Although official Spanish history describes a "natural" decline of the Catalan language and increasing replacement by Spanish between the 16th and 19th centuries, especially among the upper classes, a survey of language usage in 1807, commissioned by Napoleon , indicates that except in the royal courts, Spanish is absent from everyday life. It
35292-412: The semi-nomadic Liao dynasty . This system was copied and developed in East Asia in the following centuries until the establishment of the pan-Eurasian Mongol Empire in the 13th century. The nation-state received a philosophical underpinning in the era of Romanticism , at first as the "natural" expression of the individual peoples ( romantic nationalism : see Johann Gottlieb Fichte 's conception of
35496-658: The sixth king of the Amorite First Dynasty of Babylon , ruled from 1792 to 1750 BC ( middle chronology ). He secured Babylonian dominance over the Mesopotamian plain through military prowess, diplomacy, and treachery. When Hammurabi inherited his father Sin-Muballit 's throne, Babylon held little local sway; the local hegemon was Rim-Sin of Larsa . Hammurabi waited until Rim-Sin grew old, then conquered his territory in one swift campaign, leaving his organisation intact. Later, Hammurabi betrayed allies in Eshnunna , Elam , and Mari to gain their territories. Hammurabi had an aggressive foreign policy, but his letters suggest he
35700-403: The stele's fragments were found on the tell of the Susa acropolis ( l'Acropole de Suse ), between December 1901 and January 1902. The few, large fragments made assembly easy. Scheil hypothesised that the stele had been taken to Susa by the Elamite king Shutruk-Nakhunte and that he had commissioned the erasure of several columns of laws to write his legend there. It has been proposed that
35904-460: The stele's importance and perceived fairness, calling it "a moral and political masterpiece". C. H. W. Johns called it "one of the most important monuments in the history of the human race". He remarked that "there are many humanitarian clauses and much protection is given the weak and the helpless", and even lauded a "wonderful modernity of spirit". John Dyneley Prince called the Code's rediscovery "the most important event which has taken place in
36108-477: The strong from oppressing the weak" (37–39: dannum enšam ana lā ḫabālim ). He was to rise like Shamash over the Mesopotamians (the ṣalmāt qaqqadim , literally the "black-headed people") and illuminate the land (40–44). Hammurabi then lists his achievements and virtues (50–291). These are expressed in noun form, in the Akkadian first person singular nominal sentence construction "[noun] ... anāku " ("I am [noun]"). The first nominal sentence (50–53)
36312-465: The task (law 270). The laws are also strictly casuistic ("if ... then"); unlike in the Mosaic Law, there are no apodictic laws (general commands). These would more obviously suggest prescriptive legislation. The strongest argument against the legislation theory, however, is that most judges appear to have paid the Code no attention. This line of criticism originated with Benno Landsberger in 1950. No Mesopotamian legal document explicitly references
36516-400: The text became a part of the scribal curriculum. Copies have been found dating from one thousand years after the stele's creation, and a catalogue from the library of Neo-Assyrian king Ashurbanipal (685–631 BC) lists a copy of the "judgments of Hammurabi". The additional copies fill in most of the stele's original text, including much of the erased section. The editio princeps of
36720-444: The text. Out of around 4,130 lines, the prologue occupies 300 lines and the epilogue occupies 500. They are in ring composition around the laws, though there is no visual break distinguishing them from the laws. Both are written in poetic style, and, as William W. Davies wrote, "contain much ... which sounds very like braggadocio". The 300-line prologue begins with an etiology of Hammurabi's royal authority (1–49). Anum ,
36924-421: The three main directions will be the prevention of corruption, the corruption crimes investigation, anticorruption education and awareness of the corruption and anticorruption strategy. Even before adoption of Anti-Corruption Strategy and implementation plan, after 2018 Velvet Revolution, number of criminal investigation cases of corruption almost doubled in Armenia. As Prosecutor General's Office issued report says,
37128-409: The uniform and monocultural "Spanish nation" did not exist, as indicated in 1835 by Antonio Alcalà Galiano , when in the Cortes del Estatuto Real he defended the effort "To make the Spanish nation a nation that neither is nor has been until now." In 1906, the Catalanist party Solidaritat Catalana was founded to try to mitigate the economically and culturally oppressive treatment of Spain towards
37332-493: Was also inhibited, such as by a decree issued by emperor Constantine I in 331. In ancient times, moral principles based on religious beliefs were common, as several major religions , such as Buddhism , Christianity , Hinduism , Islam , Judaism , Sikhism , and Taoism condemn corrupt conduct in their respective religious texts. The described legal and moral stances were exclusively addressing bribery but were not concerned with other aspects that are considered corruption in
37536-511: Was also motivated by underlining the importance of corruption and educating people on its costs. In national and in international legislation, there are laws interpreted as directed against corruption. The laws can stem from resolutions of international organizations, which are implemented by the national governments, who are ratifying those resolutions or be directly issued by the respective national legislative . Laws against corruption are motivated by similar reasons that are generally motivating
37740-428: Was also much discussion of its influence on the Mosaic Law . Scholars quickly identified lex talionis —the "eye for an eye" principle—underlying the two collections. Debate among Assyriologists has since centred around several aspects of the Code: its purpose, its underlying principles, its language, and its relation to earlier and later law collections. Despite the uncertainty surrounding these issues, Hammurabi
37944-410: Was concerned with the welfare of his many subjects and was interested in law and justice. He commissioned extensive construction works, and in his letters, he frequently presents himself as his people's shepherd. Justice is also a theme of the prologue to the Code, and "the word translated 'justice' [ ešērum ]... is one whose root runs through both prologue and epilogue". Although Hammurabi's Code
38148-510: Was derived from šukênum , "to bow down/supplicate". As a word for a man of low social standing, it has endured, possibly from a Sumerian root, into Arabic ( miskīn ), Italian ( meschino ), Spanish ( mezquino ), and French ( mesquin ). However, some earlier translators, also seeking to explain the muškēnum 's special treatment, translated it as "leper" and even "noble". Some translators have supplied stilted readings for awīlum , such as "seignior", "elite man", and "member of
38352-441: Was found at the site of the ancient Elamite city of Susa . Susa is in modern-day Khuzestan Province , Iran (Persia at the time of excavation). The stele was excavated by the French Archaeological Mission under the direction of Jacques de Morgan . Father Jean-Vincent Scheil published the initial report in the fourth volume of the Reports of the Delegation to Persia ( Mémoires de la Délégation en Perse ). According to Scheil,
38556-410: Was found in three large fragments and reconstructed. It is 225 cm (7 ft 4 + 1 ⁄ 2 in) high, with a circumference is 165 cm (5 ft 5 in) at the summit and 190 cm (6 ft 3 in) at the base. Hammurabi's image is 65 cm (2 ft 1 + 1 ⁄ 2 in) high and 60 cm (1 ft 11 + 1 ⁄ 2 in) wide. The Louvre stele
38760-415: Was founded as a Jewish state in 1948. Its " Basic Laws " describe it as both a Jewish and a democratic state. The Basic Law: Israel as the Nation-State of the Jewish People (2018) explicitly specifies the nature of the State of Israel as the nation-state of the Jewish people . According to the Israel Central Bureau of Statistics , 75.7% of Israel's population are Jews. Arabs , who make up 20.4% of
38964-422: Was not the result of French nationalism , which would not emerge until the end of the 19th century, but rather the policies implemented by pre-existing French states. Many of these reforms were implemented since the French Revolution , at which time only half of the French people spoke some French – with only a quarter of those speaking the version of it found in literature and places of learning. As
39168-418: Was partially reversed from the 1970s onward, with the introduction of various forms of regional autonomy , in formerly centralised states such as Spain or Italy . The most apparent impact of the nation-state, as compared to its non-national predecessors, is creating a uniform national culture through state policy. The model of the nation-state implies that its population constitutes a nation , united by
39372-403: Was perpetrated by an official. The anti-corruption efforts by the Council of Europe are supervised and supported by the Group of States Against Corruption (GRECO) as its main monitoring organization. Membership to GRECO is open to all countries worldwide and is not conditional on membership at CoE. Since its launch in 2003, the African Union 's Convention on Preventing and Combating Corruption
39576-513: Was probably widespread. Earlier law collections express their god-given legitimacy similarly. Like the Code of Hammurabi, they feature prologues and epilogues: the Code of Ur-Nammu has a prologue, the Code of Lipit-Ishtar a prologue and an epilogue, and the Laws of Eshnunna an epilogue. Also, like the Code of Hammurabi, they uphold the "one crime, one punishment" principle. The cases covered and language used are, overall, strikingly similar. Scribes were still copying earlier law collections, such as
39780-641: Was ratified by 38 States Parties. It represents the consensus of the signatories on minimal standards for combating corruption. The resolution was criticized in the Journal of African Law for disregarding other aspects of the rule of law, like e.g. data protection and the presumption of innocence . While bribing domestic officials was criminalized in most countries even before the ratification of international conventions and treaties, many national law systems did not recognize bribing foreign officials, or more sophisticated methods of corruption, as illegal. Only after ratifying and implementing above mentioned conventions
39984-516: Was severely affected by the Al-Yamamah arms deal , in which the British company BAE Systems faced allegations of having bribed members of the Saudi royal family to facilitate an arms deal. British prosecution of BAE Systems was stopped after an intervention by then Prime Minister Tony Blair , which caused the OECD working group to criticize the British anti-corruption laws and investigations. The UK Bribery Act of 2010 came into force on July 1, 2011, and replaced all former bribery-related laws in
40188-428: Was the first Mesopotamian law collection to be discovered, it was not the first written; several earlier collections survive. These collections were written in Sumerian and Akkadian . They also purport to have been written by rulers. There were almost certainly more such collections, as statements of other rulers suggest the custom was widespread. The similarities between these law collections make it tempting to assume
40392-407: Was the first large scale convention targeting an aspect of corruption, when it came in 1999 into force. Ratifying the convention obliges governments to implement it, which is monitored by the OECD Working Group on Bribery. The convention states that it shall be illegal bribing foreign public officials. The convention is currently signed by 43 countries. The scope of the convention is very limited, as it
40596-415: Was thought to be the earliest Mesopotamian law collection when it was rediscovered in 1902—for example, C. H. W. Johns' 1903 book was titled The Oldest Code of Laws in the World . The English writer H. G. Wells included Hammurabi in the first volume of The Outline of History , and to Wells too the Code was "the earliest known code of law". However, three earlier collections were rediscovered afterwards:
40800-475: Was to craft a blueprint law that could be adapted by numerous jurisdictions at the state and local levels that was consistent with the current constitutional structure and that would make it easier to identify and limit political corruption. It is supported by nonprofit nonpartisan reform organizations such as RepresentUs . Values education is believed to be a possible tool to teach about the negative effects of corruption and to create resilience against acting in
41004-497: Was true, suggesting that a wronged man have the stele read aloud to him (lines 3240'–3254') is a concrete measure in this direction, given the inaccessibility of scribal education in the Old Babylonian period. The prologue asserts that Hammurabi was chosen by the gods. Raymond Westbrook observed that in ancient Near Eastern law, "the king was the primary source of legislation". However, they could delegate their god-given legal authority to judges. However, as Owen B. Jenkins observed,
41208-481: Was used by Scheil in his editio princeps , and widely adopted afterwards. C. H. W. Johns, one of the most prolific early commentators on the document, proclaimed that "the Code well deserves its name". Recent Assyriologists have used the term without comment, as well as scholars outside Assyriology. However, only if the text was intended as enforced legislation can it truly be called a code of law and its provisions laws. The document, on first inspection, resembles
41412-413: Was usually, but not always, from that group. This type of state is not specifically European: such empires existed in Asia, Africa and the Americas. Chinese dynasties, such as the Tang dynasty , the Yuan dynasty , and the Qing dynasty , were all multiethnic regimes governed by a ruling ethnic group. In the three examples, their ruling ethnic groups were the Han-Chinese , Mongols , and the Manchus . In
41616-399: Was with these intellectual discoveries and technological advances that the nation-state arose. For others, the nation existed first, then nationalist movements arose for sovereignty , and the nation-state was created to meet that demand. Some " modernization theories " of nationalism see it as a product of government policies to unify and modernize an already existing state. Most theories see
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