ANALYSIS OF THE DEVELOPMENT OF PHILOSOPHICAL VIEWS ON CONFLICT OF INTEREST AS A PROBLEM OF POWER AND JUSTICE IN PARTICULAR
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article studies the problem of conflict of interests from the first references to public relations, which were a prototype of this concept in the modern comprehension, and its modern understanding by the world community. The first written records concerning the attempts to settle a conflict of interests, opinions of famous philosophers, who focused their attention on this problem, were analysed. The paper describes a narrow and extended meaning of the term “conflict of interests” in its evolution. It is revealed the role of civil society (in particular, the importance of the middle class) in forming the basis of anti-corruption doctrine as a controller of state power from the point of view of Aristotle doctrine. Based on real historical scenarios, the influence of the institute of social relations on the development of states, including the well-being of their nations, is considered. It compares cases when in a conflict of interest a representative of the government takes a decision on satisfying his interests that contradicts the general ones or gives preference to the public interests (exemplified by Carthage, Greece and the Roman Republic). The paper makes a shot to explain the reasons for the origin of conflict of interests by virtue of rational bureaucracy theory of M. Weber. According to his three types of legitimate supremacy, the paper covers the ways for implementation of state authority over citizens. From the standpoint of structural functionalism of T. Parsons, according to which the main characteristic of any society is its structure, the conflict of interests along with corruption is considered as a structural element of a social system that has deviant and informal nature. The author studies the mechanism of expansion of these phenomena in the period of social stability (the degree of their distribution is characterized as permanent and is approximately at the same level peculiar for one or another society), and during the rapid changes in the social system when its structure is not stable. The concept “social anomie” is used to describe such situations (cases when a subject is not able to reach the object of desires by means which are approved by the society and tries to achieve it using other means). It was found out that the majority of papers of the twentieth century and earlier, which essentially concerned issues of conflict of interests during exercising state power, didn’t use the term of conflict of interest due to the lack of development of the conceptual-categorical framework of the problem. At that stage, the “conflict of interest” was not comprehended as an independent phenomenon, and it was separated neither from socio-psychological nor organizational or administrative-legal relations. The main approaches to legislative regulation of the conflict of interests as a state and legal problem are presented.
Authors and Affiliations
Олександр Юрійович Андрущенко
Keywords
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