Southern California Interdisciplinary Law Journal, Issue 32, pp. 75-111
Published in 2022
Abstract: Grappling with the intricacies of corrupt practices in the postpositivist age has become an increasingly challenging proposition. Multiple perspectives, normative as well as positivist, have been brought to bear on this phenomenon that was once thought to be straightforward. Socio-legal scholars inspired by the law-and economics paradigm have largely adhered to the positivist blueprint but have been divided between those who regard corruption as unequivocally inimical to the health of the economy (“sanders”) and those who view it as a force selectively fueling economic dynamism (“greasers”). The reform-era Chinese hybrid economy has emerged as the laboratory where these conflicting ideas vie for scientific superiority. Some pathbreaking research has been undertaken, mostly leaning toward the “optimistic” side. This Article shows that it has fallen short of significantly enhancing that functionally sanguine position and that the weight of evidence continues to support the stance espoused by “negatively” inclined scholars.
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