International Journal on Criminology Volume 8, Number 1, Winter 2020/2021 | Page 89

The Role of Codes of Ethics and the Prevention of Conflicts of Interest in the Fight Against Corruption
Illegal interest
Contradiction between
private and public interest
Embezzlement
Stealing public money
Corrupt
Source : Hervé Boullanger
As can be seen , this offence always relates a public benefit ( public contract , subsidy , tax relief ) awarded , with a pass ( distorted call for tenders , non-compliance with award or relief criteria ), to a private interest ( company , individual ) in exchange for a benefit , in kind or financial , for the public official making the decision . The two levels of corruption — grand corruption at the political level and petty corruption at the administrative level ( for example to obtain a permit , a contract , a subsidy , etc .)— are of the same nature .
1.2 Codes of Ethics : An Affirmation of Commitment to Integrity
Even if the word deontology is relatively new ( it is attributed to the utilitarian philosopher Jeremy Bentham 3 ), the antiquity of professional codes of ethics is attested to as early as the Middle Ages . These first codes already transcribed , for this or that corporation ( goldsmiths , money changers , skinners ), the common virtues and obligations applicable to the world of work and transmitted since antiquity , such as the loyalty of goods , the fairness of exchanges , personal integrity , and the non-appropriation of social goods . The current rise in power ( mainly from the 1990s ) of this regulatory tool is due to more recent phenomena :
1 . Phenomena due to the evolution of ethical perceptions in society :
the complexity of the economic interactions that multiply exchanges , and therefore the risks of conflicts of interest between economic , political , and social actors ;
the collapse in the West of the spiritual foundations of ethics , which requires the display of values that “ take the place left vacant by the foundations to provide an intrinsic transcendental reference that would make ethics self-sufficient ”; 4
the disintegration of long careers with the same employer , evident in companies but also in certain national administrations where status regimes are questioned . This evolution distends the spontaneous bond of loyalty between employer and employees , which must therefore be reinforced by ethical rules ;
the rise of cognito-behavioral therapies that consider that one can act
3 Sauve , Jean-Marc , Conflits d ' intérêts et déontologie dans le secteur public , AJDA 2012 p . 861 . 4 Morin , Edgar , La méthode . 6 . Éthique , Points Seuil 2014 .
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