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Dennis Thompson Theories of Legislative Ethics

Explore minimalist, functionalist, & rationalist legislative ethics theories with critiques & Thompson's alternative view promoting autonomy, fairness, generality, and publicity for legislators. Understand the differences between individual and institutional corruption.

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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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