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Dennis Thompson Theories of Legislative Ethics

Dennis Thompson Theories of Legislative Ethics. Minimalist Functionalist Rationalist. Minimalist Theories. “Ask the minimum” of legislators, tell them what behavior to avoid, not what behavior to aspire to Focus on avoiding financial conflicts of interest. Functionalist Theories.

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Dennis Thompson Theories of Legislative Ethics

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  1. Dennis Thompson Theories of Legislative Ethics Minimalist Functionalist Rationalist

  2. Minimalist Theories • “Ask the minimum” of legislators, tell them • what behavior to avoid, not what behavior to aspire to • Focus on avoiding financial conflicts of interest

  3. Functionalist Theories • Focus on the function or role of the legislator, how the legislator should act in relation to his or her constituents • Delegate • Trustee

  4. Rationalist/Maximalist Theories of Ethics • Urge legislators to follow broad principles • JOHN RAWLS Veil of ignorance UTILITARIANISM (John S. Mill) LIBERTARIANISM (R. Nozick, M. Friedman) COMMUNITARIANISM

  5. Criticisms of These Theories • Thompson criticizes all 3 types of theories of legislative ethics (minimalist, functionalist and rationalist)

  6. Thompson’s alternative (he says better) view of legislative ethics Autonomy Fairness Generality Publicity

  7. Individual v. Political Ethics • Thompson: Different in origin, function and content • Though similarities…. • HOW ARE LEGISLATORS DIFFERENT FROM ORDINARY CITIZENS?

  8. Corruption – some definitions • Personal gain • Perquisites of office • Individual corruption (involves personal, usually financial gain – classic example is bribery) • Institutional corruption (involves political gain, or abuse of political process)

  9. Individual v. Institutional Corruption • Sen. Dave Durenberger (individual corruption) • Keating 5 (institutional corruption) • Speaker of the House James Wright (individual and institutional corruption)

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