1. Dennis Thompson Theories of Legislative Ethics
Minimalist
Functionalist
Rationalist

2. 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

3. 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

4. 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

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

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

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

8. 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)

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