Dark Sides of Anti-Corruption Law : a Typology and Recent Developments in German Anti-Bribery Legislation

TLDR: In this paper, a preliminary look at some distinct, unintended effects of anti-bribery law is taken, inter alia, by examining structural socio-legal problems and dilemmas of designing and implementing legislation against corruption.

Abstract: This Article takes a preliminary look at some distinct, unintended effects of anti-bribery law. In an exemplary and exploratory way, it intends to examine structural socio-legal problems and dilemmas of designing and implementing legislation against corruption. Firstly, it outlines four ideal types of legal norms that are meant to combat corruption but display significant negative features. Secondly, the typology is briefly applied to selected recent developments in German federal anti-bribery legislation. The Article concludes, inter alia, that the design, implementation, and interpretation of anti-corruption law is full of functional, legal, political, and moral pitfalls.