'Corruption has overtaken sex'?

• Title: Corruption: Law, Governance and Ethics in the Commonwealth Caribbean
  
• Author: Derrick V. McKoy
  
• Reviewed by: Dr Christopher P. Malcolm

In a published letter to the editor of a Jamaican newspaper of December 14, 2011 captioned, 'Corruption has overtaken sex', Norman Lee wrote: "Children from first-year primary school must be having a hard time understanding this ubiquitous word. I believe it has overtaken sex on the scale of mysteriousness! If parrots were in abundance in Jamaica this would be the only word they speak!"

In Jamaica and the Commonwealth Caribbean more generally, corruption is indeed a ubiquitous or seemingly ever-present concern that has been the subject of many public pronouncements, veranda talk, some court action, and increasing legislative activity. Nevertheless, it appears that the concept is more often than not spoken about glibly and many in the general population, adults included, do not understand it.

A bold attempt

In this Hansib publication, Dr Derrick McKoy has made a bold attempt, no doubt relying on his vast experience, including as Contractor-General of Jamaica, when he would have had to deal with many instances of perceived, as well as, real underhand practices in the public procurement process, to demystify corruption and to establish a sound philosophical basis for examining it. Having, it appears, sensed a philosophical gap and consequential inability among many to consider 'corruption' dispassionately, Mr McKoy has framed the subject as a Caribbean study that analyses legislative content, court decisions, and other regional interventions as well as relevant theoretical concepts and experiences from without the region, to better understand what has been and still is a very complex issue.

McKoy has sought to define 'corruption' while cautioning that it may be necessary to make elaborate distinctions between the several dimensions of corruption as a prerequisite for a functional anticorruption regime. He emphasises as well that "perhaps the most difficult issue to confront in the study of corruption [is] to agree on a construct that defines the area of study." This difficulty is, no doubt, exacerbated as the term 'corruption' has, over time, become part of popular usage, bearing meanings which may not comport with legislative definitions and are not otherwise or as well supported by court-determined precedents. It also appears, as Dr McKoy contends, that while "there are several theories of corruption, few have offered a satisfactory explanation of what a state needs to do to contain corruption". This lacuna would explain variance that often appears between popular expectations of an anticorruption regime and legislative content that has been inspired by these incomplete or impractical theories.

Reconstructed theory

Recognising that existing theories "generally do not suggest what type of legislative or administrative regimes should be put in place to reduce or prevent [corruption]" and are otherwise inadequate, Dr McKoy has proposed a reconstructed agency cost theory as the basis for examining and, thereafter, crafting possible solutions for dealing with corruption in the context of the Common-wealth Caribbean. In this reformulation, the agency cost theory is posited as being able to explain "why some public agents will diligently and honestly carry out their duties while others will pursue courses of conduct that are generally acknowledged to be wrong, immoral, unethical or illegal."

It is important, however, to clearly identify the principals and agents as well as the nature of their relationship under contract, noting that their express agreement will not necessarily represent the totality of their rights and obligations. Additional terms will be implied and there will be variations to the contract by conduct, course of dealing, other express agreements, and government regulations. Against this background, the reformulated model then supports that a well conceived and properly implemented programme of ongoing review and corrective adjustment, where necessary, is an important tool in any attempt to manage and/or combat corruption.

The book is divided into six chapters. The key concepts as well as a road map are established in chapter one. Chapter two, thereafter, examines corruption in the context of the Commonwealth Caribbean. Chapter three examines the bases which would or ought to support an anticorruption regime. Chapter four then examines anticorruption strategies and the proposed new institutional framework. Chapter five, thereafter, examines what should be included in and how the approach could be applied; and chapter six includes conclusions and recommendations.

Very useful

Policymakers, scholars, and other persons having any interest in a study of corruption will find this book very useful. In it, they will find much learning, and the most keen will embark on further research as they seek to clarify for themselves what corruption is, how it manifests, and how best to deal with it. As with any other publication, this book will not answer all the possible questions that a reader could have, and, in fairness, it has not been represented as an exhaustive study of corruption. It is nuanced towards policy formulation and could become the first in a series of academic as well as more practitioner-oriented publications dealing with corruption in the Commonwealth Caribbean.

While the approach adopted by Dr McKoy is understandable and easily justified perhaps in a context where there is still much confusion as to how corruption should be indentified and dealt with, it is likely that some readers will, for the reasons set out above and other reasons, find that the practical element has not been sufficiently considered. Notwithstanding this perceived weakness, it is clear that the publication has broken significant ground and will, no doubt, assist a better philosophical understanding of corruption. Going forward, policy formulation in the Commonwealth Caribbean should benefit from this study and it is anticipated that Dr McKoy will himself undertake a future and much more practitioner-oriented publications in the field.

Dr McKoy and his publishers, Hansib, have, in this effort, made what will become a sterling contribution to a difficult subject, and it is hoped that the lessons there included will be distilled and applied throughout the region. Well done.