5. Corruption in Urban Government: Broader Possibilities
Rational actor models have become the dominant mode of analysis in the corruption arena and there is considerable empirical validation for them. They also do have an intuitive appeal as they seem to apply to many “real world” instances of corruption that appear to truly be “transactional” and “rent-seeking”, especially bribery, which is the major focus of much policy and analysis, The opening case about Tammany Hall and George Washington Plunkitt, for example would seem on its face to be a clear case of rational rent-seeking. Plunkitt tried to distinguish his behavior as more principled than that potentially practiced by others. But nonetheless the core of his actions was about personal profit through the abuse of public position, the basic outline of most current definitions of public corruption.
More recent examples of city government malfeasance similarly center around some form of theft of public resources or abuse of office to take private money. A study of the Indonesian urban planning apparatus found that 50% of Jakarta’s housing stock was built without any compliance with building law, that 85% of new housing stock was built informally, and that much of this “off-plan” development was “greased” with bribes and improper paperwork. Plan development itself was often manipulated through political interference and indirect graft [
16] An analysis of urban infrastructure procurement found it to be regularly subject to distortion of procedures, misappropriation of resources, collusion, fraud and malfeasance in pursuit of personal private gain [
17]. An assessment of the largest 110 Spanish municipalities between 2000–2009 uncovered numerous instances of municipal government corruption that resulted in official investigations and penalties at the national and European level, while also finding that cities with better paid mayors had less corruption than those with more poorly paid ones [
18]. Another study of Spanish cities between 1997 and 2007 found many illicit funds transfers by city officials, in this case lack of institutional transparency being a major facilitator [
19]. A special issue of contemporary urban case studies of Cardiff (UK), Naples (Italy), Istanbul (Turkey), Bogota (Colombia), New York (US) and Chicago (US) reviewed substantial episodes of “rent” seeking and stealing, closely related to deficiencies in urban governance. [
20]
Indeed, rent-seeking by urban officials does fit much of the current experience of city government misappropriation. It makes sense that cities, especially growing ones, would be subject to a lot of graft and other misbehavior, since the presence of a large amount of rent offers a lot of opportunity for greedy individuals to collect it. The presence of corruption in areas of urban land development and regulation is not surprising in this regard, as it evokes the the legendary answer to the question posed to famed American bank robber John Dillinger of why he robbed banks: “because that’s where the money is.”
Moreover much municipal rent seeking is inhibited – or exacerbated by their opposite – of strong public institutions, clear and well-enforced penalties for criminal activity, sufficient public salaries and accountability, and transparency in transactions. This is captured in a version of the well-known identity of: C = R + D – A, where C = corruption, R = the number and power of rent-seekers, D = discretionary power of the state, and A = accountability [
21] (288-289).
The experience of modern city malfeasance – and, as will be seen, historical experience as well – shows that corruption is primarily pecuniary in the main, fitting the central claim of rational actor theory that it is fundamentally about rent and the seeking of it. However, urban corruption takes many forms. First one may ask whether all corruption is actually always rational in nature. Behavioral economics is already influencing the study of corruption by positing its well-known array of heuristics, cognitive biases, and “bounded rationality” (limitations on cognitive processing power) to incorporate non-rational elements into this arena of economic choice [
22].
Corrupt actors are not always maximizing either. Tullock pointed out what has become known in the literature as the “Tullock Paradox”. This refers to the fact that many bribes and corrupt transfers are far smaller than the rents received by the bribe payer. Tullock himself refers to New York Congressman Mario Biaggi, who was bribed to save an enormous government dockyard in Brooklyn from bankruptcy. Yet the bribes consisted of three Florida vacations worth
$3,000 in total. This is quite a common occurrence [
15].
Rational choice theory tries to explain this behavior on its own terms, e.g., as deviations from perfect information (perhaps the bribe-taker does not know the true value of the favor being asked for); or perverse individual preferences; dissipation of rents through competition between bribe takers; strategic behavior in a game-theoretic context; or simple minimization of transaction costs of risk [
9].
But while these may be suitable explanations in some contexts they do not appear to be applicable to all instances. The Tullock Paradox may at times be an where agents may not always be fully maximizing or fully rational.
The question is why, especially in the urban context, non-rational/maximizing factors may take hold. The secret may be in the often non-atomistic nature of the phenomenon. The oldest traditions of corruption narratives hearken back to the meaning of the term’s Latin root, “corrumpero”: to break up, to spoil. “Rumpo means “to break, to shatter, to burst open, destroy, violate,” and “co” means “with”; instead of two things breaking apart (dirumpo), or one thing breaking open (erumpo), corruption is when something breaks within itself: the apple rots on the shelf; narcissism corrodes the soul; government internally disintegrates. The integrity of the object of corruption is threatened by internal decay” [
23] (346-347). Here corruption is inherently collective, social – and political. It is also a process that, once begun, takes on a collective, organic tack of its own, often overriding individual actor desires and aims.
In fact the earliest notions of public corruption directly embodied this notion of a natural “ideal” state that was prone to “decay” and “deteriorate”. The ancient Greek city-state philosophers of Aristotle, Plato and Socrates believed that the task of political theory and practice was to design a “constitution” – the term denoting a living political “body politic” rather than a written document – that was immune from the natural forces that imbalanced and degraded the state, which for the Greeks was the city containing the citizens collaborating to govern on behalf of the collective good. This was adapted by English and American constitutionalists in the 18th century (who styled themselves are “classicists” in the Greek and Roman traditions) into a notion of “checks and balances”, tied with institutional “reforms”, to keep the political system meeting the needs of the key interest groups without getting captured by inordinately strong alliances [
24] (26-28).
In other words earlier concepts of corruption were inherently political, moral, and social in nature [
25] (14-17). The ancients viewed corruption as “endogenous” to human relationships which were inherently virtuous in their “ideal” state but which degraded as the fiber of civil society was damaged by the abuse of trust, an equally innate human tendency. Industrialization and modernization, however, pushed this endogeneity into the background. Material outcomes based on “productivity” guaranteed by market processes were now paramount, and government was seen as a hindrance to these if not properly contained. Individualism and the universality of Enlightenment values (such as rationality) over what were seen as backwards “traditions” cemented a view, most clearly initially stated by the 18th century economist Adam Smith, that governments should be small, clearing the way for competitive markets where individual preference – and individual conscience, or “moral sentiments” to use Smith’s phraseology – would ensure both efficiency and morality [
21] (279-281).
This is the genealogy of the purely materialist concepts of corruption in place today in which technical “self-regulating” and “self-optimizing” systems must be allowed to run as freely as possible, with the natural greed and selfishness of individual actors channeled into efficient competition rather than than rent-seeking.
This turn of thought is not “wrong”, per se. Corruption has always involved transfers of material resources between groups and individuals, and much of this can be captured under a rational actor model. But city administration and civil society in particular have always consisted of dense networks of social connections deeply intertwined with economic production, distribution and consumption, typically evolving rapidly over time.
And here social relations are critical. Extraction has always been a key feature of corruption, but not all extraction is alike. O’Hara (2014) [
21] provides a template for different types, a modified version of which is detailed in
Table 2 [
21] (293).
This template is obviously simplified and the modes are not necessarily mutually exclusive within countries or across time. In fact, there often is a progression from one mode to another in city evolution. Corruption in many urban political machines, like Tammany in New York, for example, could be said to have started out in the oligarch/clan mode while ending up in more modern times in the influence buying mode. In New York’s case, there was also a clear distinction between political elites and economic elites, the former being built out of the teeming immigrant slums with the Irish becoming the main power brokers, the latter being drawn from a sort of “permanent” wealthy class that began with the landed estate holders under Dutch colonization in the 17th century.
The relevant point here is that the current policy solutions proposed for corruption will not always be applicable depending upon mode. Modern influence buying is, arguably, unconstrained by transparency or formal accountability mechanisms. Also, corruption in some cases may serve an economic function in some places and at some times. To return to the urban political machines, it has been claimed by some that these actually allowed for orderly integration of immigrants into emerging social and political orders, warding off disruptive social strife in the process and allowing for upward social mobility for the masses [
26] This “functionalist” approach is not without controversy, of course. It was highly influential during the period of “modernization” theory of the 1950s and 1960s which claimed that shifts from traditional to modern society had distinct stages that were shared across societies. This particular universalism has been discarded but it is now accepted that corruption can be “useful” in a broader social sense, especially in times of transition [
27]
Finally, defining what constitutes a “corrupt” act varies considerably across cultures, between nations and sometimes even within them (e.g., nepotism). Social “norms” are extremely important in the parameters of acceptability of different acts, such as bribery, nepotism, favoritism etc. Donaldson and Dunfee (1999) thus present a template of the culturally determined “social contract” that governs licit and illicit behavior [
28]. One has to be careful not to lapse into relativism or nihilism here, but Enlightenment universalism swept away not just outmoded practice and attitude but also genuinely useful variations of social convention. Rational choice theory treats norms, when they do treat them at all, as variations in agent preferences and/or “rules of the game” of rational maximization. But in corruption they appear to be considerably more than this.
This can be clearly seen in the transition to modernity across the world over the past few centuries. The sociologist Karl Polanyi referred to Western modernization as a process of “disembedding” formerly communal and informal relations from their overall social context, and separating them from a formalized, economic sector which comes to dominate and define the entire society [
21] (286). The old relative particularities become replaced with a new market-based generality of efficiency, expressed in material terms.
Another result of this process has been a new sharp separation between “public” and “private” spheres that were once much more amalgamated. This is particularly clear when considering both sides of 18th and 19th century colonialism. On the side of the colonized, Europeans imposed formalized institutions like the European centralized state and the corporation, on to widely differing societies. This is most stark on the continent of Africa which Europeans took over almost wholesale over the course of the last half of the 19th century. Some scholars argue that African society was unique is that it developed a model of organizing people into larger aggregates without using an organized State, instead relying on large-scale ethnological groupings informally governed through traditional hierarchies such as chiefs and tribes. Even here the continent exhibited a wide set of variants on a loose model. The key social tasks of reciprocity and authority relations were managed informally across varying cultural norms, using a delicate and flexible set of organic checks and balances that were informally managed and enforced. European law, state structures, and markets largely eviscerated all this, replacing it with enforceable legal rules based on logical, context-less, principles [
29] (206).
In fact, the earliest notions of public corruption directly addressed this dimension. Matters became confused when colonial masters, in typical divide-and-rule fashion, co-opted local chiefs to lend informal legitimacy to colonial exploitation. This process imposed corruption on various practices that used to be conducted in the normal course of social government and transactions, solidifying corruption into a seemingly coherent and settled concept based on explicit legal and ethical distinctions drawn from generalisable ideals [
30] (29).
The colonizers were also in the process of their own formalization of previously “informal” norms-based social practice in their own societies. Georgian England had, in fact, a highly-patronage based political system, which became the focus of change for internal reformers, following the ideas of, among others, Adam Smith. Patronage was also the basis of most colonizing institutions, especially the overseas trading company, where officials were appointed largely on the basis of connections and who were expected to finance their own positions from their own field activities. It was expected that they would skim something off for themselves – and they did. In Indonesia, Javanese kings had done something comparable for centuries, appointing underlings who would perform their delegated functions while extracting rents, but not at the cost of disruption economic or social stability. Max Weber referred to this “pattern of politics” as “patrimonalism” and defined as one where the ruler retains the loyalty of powerful elites through personalistic relationships that keep them onside while keeping the masses quiescent. The Dutch East India Company (known by its Dutch initials VOC) initially started with a rather similar model, with nominal salaries for officials, covered by extraction that would meet the metropole’s requirements material requirements without putting any strain on its finances. Other European trading companies worked on similar models [
31] (606-607).
These modalities were once seen as part of the social fabric, a system of reciprocity parallel to those found in Africa and elsewhere though in the context of European state entities. Now they were seen as impediments to social and economic “progress”. European trading companies went out of fashion over the course of the 19th century, being seen as a corrupt, the end result being the takeover of the VOC in Indonesia by the Dutch Crown [
31] (606-607). The East India Company of England was similarly taken over by the English Crown in 1857, though in this case the cause was the Indian “mutiny” (a euphemism for general revolt), which broke the other part of the contract between ruler and ruled which was to keep social peace. Of course in the end the colonial subject peoples were not part of the bargain except as accessories to be exploited as thoroughly as possible. [
32]
What all this history indicates is that the modern notion of corruption has been the product of a long evolution which, no doubt, is not over. But at present the notion is one of a technocratic one of a “coherent, discrete referent” [
33] (9) that can be applied to acts regardless of social context. Moreover, unlike ancient ideas were static in that there was an ideal state to return to, from which corruption “endogenously” arose and degraded, while modern ideas posit a dynamic society that is constantly “improving”, with corruption being a sort of “exogenous” deviation from a better future. Indeed, “reform” traditions in the UK and the US and elsewhere sounded moralistic, but were in fact inherently opposed to traditional moral systems, efficiency being the new watchword [
33] (10-11).
Interestingly “morality” and “ethics”, which are at least in part inherently socio-cultural, get re-introduced when considerations of culture are considered – elements that tend to be implicitly dropped in rational actor models, where the only thing mattering for agents is personal maximization of material gains, whether that is achieve singly or by groups of people, and for societies the maximization of material efficiency. Norms are not completely absent from modern theory; for example, there are models that incorporate preexisting standards such as favoritism or nepotism, to see what corruption incentives these lead to and how they affect ultimate outcomes and efficiency gains and losses [
34]. But these formulations do not incorporate where these norms came from in the first place and see them as deviations from “homo economicus”, much as behavioral economics sees cognitive biases and heuristics as deviations from the same. In other words, norms are anomalies without any particularly useful purpose or meaning except as they effect overall material outcomes.