[EL] Bauer and Hasen on Appearances
Robert Wechsler
catbird at pipeline.com
Thu Apr 10 12:26:24 PDT 2014
I think both Bob and Rick miss why appearances are so important. The
reason is this. We cannot know the character or motivations of those who
are supposed to be representing us, and we cannot know how much their
obligations to others affect their actions and their decisions (the big
ones as well as the little ones).
Therefore, we can only assume that, if they take large contributions or
gifts from someone, and then do something that benefits that someone,
they are doing it because of the relationship, and its mutual
obligations, that derive from the contributions or gifts (or, if they
are family members or business associates, from those relationships).
In short, we can judge government officials only by what we know (i.e.,
appearances). And we do not know their motivations.
Appearances, in a government ethics context, are not something vague and
abstract. They are the facts of what an official does and what
relationships an official has. Except when there is a sting operation,
it is motivations that are vague/./ Without clear motivation, there is
no /quid pro quo./ All we are left with is appearances.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20140410/3efc6b7b/attachment.html>
View list directory