Dennis Thompson Theories of Legislative Ethics Minimalist Functionalist

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 � Focus on the function or role of the legislator, how the legislator should act in relation to his or her constituents � Delegate � Trustee

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

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

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

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

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)

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