Abstract

A deterrence-based approach to corruption based on rationality emphasizes the role of adequate sanctions and controls to prevent corruption. This traditional approach is questioned by the cognitive sciences which describe real people whose decision are affected by bias, heuristics and the choice of peers. The paper shows that both pillar of corruption prevention through regulation - good quality regulation and strict anti-corruption rules such as whistle-blower protection, staff rotation, and transparency in the public sector - should be enriched by findings about how real people think and behave. In order to create a more effective legislative framework of corruption prevention, two questions will be explored: How should regulatory impact assessment tool evolve in order to take into account people’s cognitive limitations? Examples of a cognitive-based RIA of whistle-blower and staff rotation regimes will be given. How should transparency in the public sector - including disclosure compliance records - be provided in order to contribute to limiting administrative corruption?

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