Law alone cannot control corruption Anticorruptology Home / Anticorruptology / Law alone cannot control corruption
2016 01:49
Many people believe that corruption can be controlled by law; so, anti-corruption law should be enacted. This statement is somehow true. But law alone cannot control corruption. In case of corruption, the law on respect of complaint, investigates, inquires and verifies the case. It files the case in the court to learning the criminal within the parameter of punishment. The court studies the case, convicts the corrupt person and declares the penalty. It sometimes gives verdict with death penalty if the corruption is too serious. The court sends good message to the society by such acts. But such type of punishment alone cannot control corruption. It however gives message to the society that the corrupt are penalized. The legal penalty creates fear in society but cannot abolish corruption completely.
The legal principle invented at different periods of time can be interpreted completely. Such principle can be taken as an inevitable legal principle due to subject matter, cause and time of that principle. It is not necessary that a law at its initial phase may be implemented and it is not compulsory to implement as well. Law is not the result in itself. It is a way to result from the cause. The result may be justified by means of law.
If an activity is not prohibited by law, people pursue such activity. People are free to act and the law cannot bind them. By nature he/she is free for any actions. He/she is naturally sensible and progress-oriented. A human being wants to go beyond the control of law. Anticorruptology has to address the environment that should be created to suit the nature of human beings.
This concept is presented in following figure:
In above figure, a person is seen at the central point. Civil society is formed with the involvement of such persons. Civil society is related to state affair. Judicial bodies are responsible to implement the laws. Corrupt activity is directly related to the persons. A person is the main source of corruption. As individuals and civil society are the manufacturers of corruption, the state law and judicial body cannot control corruption.
On the other hand, the established principle of law defines an individual and social unit differently. The law accepts that an individual is involved in different agencies. In this respect a physical person demotes a human being; and a legal person refers to a small or big agency. The government is constituted by legal components of persons.

Regarding this concept, the law is thought as follows:
Natural person Legal person
One is free to do anything except prohibited by law. One is prohibited to do anything except provisioned law.
A natural person is free to do anything except prohibited by law. But a legal person is prohibited to do anything except allowed by law. Therefore, a small or large agency in terms of civil society, the government and its bodies are under the legal system. The people, residing is the same country have right to do anything except forbidden by law. As the main source of corruption is an individual, the law alone cannot control the individual like other government bodies and/or social units. When law cannot control an individual, it cannot control corruption as well. A person and his/her aspiration goes forward and the low just follows activities of person.
A natural person has a specific human characteristics i.e. intelligence, wisdom, conscience and so on. These characteristics cannot be seen, comprehended and touched by law. The same intelligent, wise and conscientious person can be taught about the culture of anti-corruption and he can be diverted from corrupt behavior. This is to say, a person has the capacity to accept and adopt the culture of anti-corruption. Anticorruptology will succeed in developing the culture of anti-corruption and would be easily adopted and practiced by the world human community.
© 2023 Anticorruption Movement Nepal , All right reserved
Powred By Purna Dangal