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When Law Fails: A Theory of Self-Enforcing Anti-Corruption Legislation in Africa

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  • Ocheje Paul D.

Abstract

The resort to legal measures to combat corruption in Africa is almost universal. But the effectiveness of law in controlling criminal or anti-social behavior is not a given; rather it is contingent. This article argues that, given the peculiarities of the African society, legal measures that aim to control corruption, to become effective, must first become self-enforcing, based on democratic incentives for attitudinal change among the populace.

Suggested Citation

  • Ocheje Paul D., 2011. "When Law Fails: A Theory of Self-Enforcing Anti-Corruption Legislation in Africa," The Law and Development Review, De Gruyter, vol. 4(3), pages 238-280, September.
    • Handle: RePEc:bpj:lawdev:v:4:y:2011:i:3:n:8
    DOI: 10.2202/1943-3867.1114
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    References listed on IDEAS

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    1. Morris Szeftel, 1998. "Misunderstanding African politics: corruption & the governance agenda," Review of African Political Economy, Taylor & Francis Journals, vol. 25(76), pages 221-240.
    2. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    3. Eric M. Uslaner, 2011. "Corruption and Inequality," ifo DICE Report, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 9(2), pages 20-24, 07.
    4. John Mukum Mbaku, 1996. "Bureaucratic Corruption in Africa: The Futility of Cleanups," Cato Journal, Cato Journal, Cato Institute, vol. 16(1), pages 99-118, Spring/Su.
    5. Weingast, Barry R., 1997. "The Political Foundations of Democracy and the Rule of the Law," American Political Science Review, Cambridge University Press, vol. 91(2), pages 245-263, June.
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    Cited by:

    1. Toeba Thato, 2018. "Corruption in Public Procurement in Lesotho," The Law and Development Review, De Gruyter, vol. 11(2), pages 397-431, December.

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