Governing Public Virtue. "Conflict of Interest" in Comparative Perspective
Lead Research Organisation:
University of Cambridge
Department Name: Sociology
Abstract
From outrage over José Manuel Barroso's post-EU career at Goldman Sachs, to concerns over the scope of Donald Trump's business interests, "conflict of interest" (COI)-defined by the OECD as a "conflict between the public duty and private interests of a public official"-has become a central word of our political age. Despite the pressing challenge that COI poses to many liberal democracies, we know surprisingly little about the history of how COI came to public prominence, and why its dominant policy resolutions took on moral, rather than legal, regulatory clothes. The purpose of this research project is to provide the first account of the historical emergence of "conflict of interest" as a legitimate framework to think about undue influences in public life in the United States, France and the United Kingdom. This research project will thus both bridge a considerable gap in our academic knowledge, and contribute to debates about contemporary forms of governance.
Three questions will, more specifically, guide data collection:
1) To what extent is COI an American "export" product? The label "conflict of interest", indeed, seems to originate within US legal thought in the 1960s, but arguably developed as a point of contention in public life much later, in the 1990s, in the UK and in France. This research project will thus pay close attention to the dynamics of international circulation of COI and COI policy formulations, and to non-linear modalities of cultural transfers. It will also examine the extent to which international (advocacy) institutions helped bring COI to prominence as an institutional discourse and regulatory structure in the UK and France in the 1990s.
2) Who are the entrepreneurs of public virtue? This project will identify the various actors-lawyers, legal counsellors, economists, public policy scholars, policymakers, politicians-who problematised COI, codified the type of 'interests' at stake, and pushed it forward on the political agenda. It will closely examine their mobilisation efforts, their debates, and the various ways in which they helped shape policy proposals.
3) What is the relation between COI and the moralisation of public life? This project will explore what appeared from preliminary investigations as a key mystery: the crystallisation of COI as a "moral" problem, to be solved by deontological guidelines and ethical codes, rather than as a "criminal" issue. This project will thus contribute to our understanding of the relations between state, market and morals.
These questions will be answered using a mixed-methodology research design, combining archival research and qualitative interviewing in the US, the UK and in France. Data collection will be focused, in each country, on salient moments and institutions in the construction of COI (see Case for Support). It will draw on the PI's experience conducting research in elite administrative, financial, and governmental contexts.
The findings of this research will inform a broad academic audience in sociology, political science, history and public administration. Its academic contributions will be delivered through scholarly articles, conference presentations, and a monograph.
This research aims, as well, to contribute to wider policy debates about how to consolidate our democratic regimes through the particular prism of COI and COI regulations. This will be achieved by a) outreach activities (op-eds, public lectures, project-website) meant to educate the general public about COI, and b) professional development initiatives aimed at policy-makers (a course on COI to be taught in schools of public affairs, a conference bringing together scholars and policymakers).
Three questions will, more specifically, guide data collection:
1) To what extent is COI an American "export" product? The label "conflict of interest", indeed, seems to originate within US legal thought in the 1960s, but arguably developed as a point of contention in public life much later, in the 1990s, in the UK and in France. This research project will thus pay close attention to the dynamics of international circulation of COI and COI policy formulations, and to non-linear modalities of cultural transfers. It will also examine the extent to which international (advocacy) institutions helped bring COI to prominence as an institutional discourse and regulatory structure in the UK and France in the 1990s.
2) Who are the entrepreneurs of public virtue? This project will identify the various actors-lawyers, legal counsellors, economists, public policy scholars, policymakers, politicians-who problematised COI, codified the type of 'interests' at stake, and pushed it forward on the political agenda. It will closely examine their mobilisation efforts, their debates, and the various ways in which they helped shape policy proposals.
3) What is the relation between COI and the moralisation of public life? This project will explore what appeared from preliminary investigations as a key mystery: the crystallisation of COI as a "moral" problem, to be solved by deontological guidelines and ethical codes, rather than as a "criminal" issue. This project will thus contribute to our understanding of the relations between state, market and morals.
These questions will be answered using a mixed-methodology research design, combining archival research and qualitative interviewing in the US, the UK and in France. Data collection will be focused, in each country, on salient moments and institutions in the construction of COI (see Case for Support). It will draw on the PI's experience conducting research in elite administrative, financial, and governmental contexts.
The findings of this research will inform a broad academic audience in sociology, political science, history and public administration. Its academic contributions will be delivered through scholarly articles, conference presentations, and a monograph.
This research aims, as well, to contribute to wider policy debates about how to consolidate our democratic regimes through the particular prism of COI and COI regulations. This will be achieved by a) outreach activities (op-eds, public lectures, project-website) meant to educate the general public about COI, and b) professional development initiatives aimed at policy-makers (a course on COI to be taught in schools of public affairs, a conference bringing together scholars and policymakers).
Planned Impact
As explained in the "Objectives Summary", this research project aims both to provide critical historical perspectives on COI as a legal, economic, political and legal construct, and to contribute to wider debates about the right tools that can be used to define and redress undue influences in public life. By illuminating the history of COI as a category, this project will address key questions related to the nature of our democracies and to processes of political representation, and should thus be of interest to a wide-range of actors. In particular, I have identified three main beneficiaries: state actors, international (advocacy) institutions, and the general public.
1) State actors: How to address conflicts of interest has become an issue of increasing concern in France, the US and the UK over the last few years, as policymakers seek to restore public confidence in government and to reverse trends of growing disillusionment with politics. By exploring the debates that conflicts of interest elicited over the last 50 years, this research will uncover a large variety of approaches to COI management, which will be useful to further our policy-making imagination on these issues. It will, as well, provide key insights into the related issue of careers in public service, and into how they can be institutionally designed to prevent COI. It will, finally, contribute to raising policymakers' awareness of the diverse circumstances in which conflicts of interest arise. Details of impact activities related to state actors can be found in the Pathways to Impact document.
2) International (advocacy) institutions: Institutions like the OECD or Transparency International have been instrumental in raising awareness of and shaping debates about conflicts of interest. As such, they are both subjects and beneficiaries of this research. I will keep liaising with relevant contacts in these organizations (as established during fieldwork): representatives will be invited to the Stakeholder Conference (see Pathways to Impact), and I will make sure to send them copies of articles, op-eds and outreach activities related to this project.
3) General Public: Conflicts of interest constitute a major challenge for our liberal democracies and our understanding of contemporary forms of sovereignty, citizenship and political representation. Media attention to and popular discontent with conflicts of interest indicate that a thorough analysis of the history and stakes of COI and COI legislation would be likely to get popular traction. The findings of this project will thus serve thoroughly to inform the public about the precise stakes and challenges that COI poses to democratic regimes, beyond the "naming, shaming and blaming" strategy of media outlets. By writing op-eds, maintaining a project website, and giving public lectures on the topic, I am committed to furthering and enlightening public debates on these issues.
1) State actors: How to address conflicts of interest has become an issue of increasing concern in France, the US and the UK over the last few years, as policymakers seek to restore public confidence in government and to reverse trends of growing disillusionment with politics. By exploring the debates that conflicts of interest elicited over the last 50 years, this research will uncover a large variety of approaches to COI management, which will be useful to further our policy-making imagination on these issues. It will, as well, provide key insights into the related issue of careers in public service, and into how they can be institutionally designed to prevent COI. It will, finally, contribute to raising policymakers' awareness of the diverse circumstances in which conflicts of interest arise. Details of impact activities related to state actors can be found in the Pathways to Impact document.
2) International (advocacy) institutions: Institutions like the OECD or Transparency International have been instrumental in raising awareness of and shaping debates about conflicts of interest. As such, they are both subjects and beneficiaries of this research. I will keep liaising with relevant contacts in these organizations (as established during fieldwork): representatives will be invited to the Stakeholder Conference (see Pathways to Impact), and I will make sure to send them copies of articles, op-eds and outreach activities related to this project.
3) General Public: Conflicts of interest constitute a major challenge for our liberal democracies and our understanding of contemporary forms of sovereignty, citizenship and political representation. Media attention to and popular discontent with conflicts of interest indicate that a thorough analysis of the history and stakes of COI and COI legislation would be likely to get popular traction. The findings of this project will thus serve thoroughly to inform the public about the precise stakes and challenges that COI poses to democratic regimes, beyond the "naming, shaming and blaming" strategy of media outlets. By writing op-eds, maintaining a project website, and giving public lectures on the topic, I am committed to furthering and enlightening public debates on these issues.
Organisations
People |
ORCID iD |
| Sarah Kolopp (Principal Investigator) |