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Between Impunity and ImperialismThe Regulation of Transnational Bribery$
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Kevin E. Davis

Print publication date: 2019

Print ISBN-13: 9780190070809

Published to Oxford Scholarship Online: August 2019

DOI: 10.1093/oso/9780190070809.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 April 2021

What Is Bribery?

What Is Bribery?

(p.75) 6 What Is Bribery?
Between Impunity and Imperialism

Kevin E. Davis

Oxford University Press

How should bribery be defined for the purposes of transnational bribery law? This chapter begins with a motivating example from Haiti, a paradigmatic case of transnational bribery. After reducing the transaction to its essential elements and explaining the justifications for prohibiting similar transactions, we turn to the tremendous variety of ways in which the scope of prohibitions on transnational bribery can be expanded or narrowed by defining, or redefining, each of the elements of a paradigmatic bribe. Topics covered include: the physical elements of the offense, defenses, whether bribery of public officials merits distinct legal treatment, and whether bribe payers and recipients ought to be treated differently.

Keywords:   bribery, business nexus, campaign finance, effective regret, extortion, facilitation payment, Haiti, public officials, quid pro quo, undue advantage

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