Prosecuting Corruption: Drivers, Dilemmas, and Consequences

This article examines why high-profile corruption prosecutions often deepen political conflict rather than restore trust in democracy. Drawing on examples from democracies and dictatorships worldwide, it argues that anticorruption efforts, although normatively desirable, face three interrelated dilemmas: legal heterodoxy, politicization, and backlash. Because high-level corruption is difficult to prove, prosecutors and judges frequently stretch procedural and evidentiary norms, inviting accusations of lawfare. These perceptions are compounded when partisan publics interpret judicial decisions through political lenses, undermining the judiciary's legitimacy as a neutral arbiter. Overzealous or highly publicized crusades may also provoke institutional retaliation by threatened elites, weakening anticorruption frameworks and eroding democratic institutions. Relying on cases from Latin America, Europe, Africa, and Asia, the article shows that vigorous anticorruption can paradoxically foster cynicism, polarization, and antipolitics. Ultimately, the article calls for reflection on how societies can pursue accountability without destabilizing democratic consensus.

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Publication Details

Journal
Annual Review of Law and Social Science
Published
2026-03-24
DOI
https://doi.org/10.1146/annurev-lawsocsci-042224-085729
Primary Topic
Corruption and Economic Development
Type
article
Field-Weighted Citation Impact
0.00
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article

Prosecuting Corruption: Drivers, Dilemmas, and Consequences

Ezequiel Gonzalez-Ocantos
Annual Review of Law and Social Science
Corruption and Economic Development
article

Prosecuting Corruption: Drivers, Dilemmas, and Consequences

Ezequiel Gonzalez-Ocantos
article en

Abstract

This article examines why high-profile corruption prosecutions often deepen political conflict rather than restore trust in democracy. Drawing on examples from democracies and dictatorships worldwide, it argues that anticorruption efforts, although normatively desirable, face three interrelated dilemmas: legal heterodoxy, politicization, and backlash. Because high-level corruption is difficult to prove, prosecutors and judges frequently stretch procedural and evidentiary norms, inviting accusations of lawfare. These perceptions are compounded when partisan publics interpret judicial decisions through political lenses, undermining the judiciary's legitimacy as a neutral arbiter. Overzealous or highly publicized crusades may also provoke institutional retaliation by threatened elites, weakening anticorruption frameworks and eroding democratic institutions. Relying on cases from Latin America, Europe, Africa, and Asia, the article shows that vigorous anticorruption can paradoxically foster cynicism, polarization, and antipolitics. Ultimately, the article calls for reflection on how societies can pursue accountability without destabilizing democratic consensus.

Annual Review of Law and Social Science
University of Oxford (GB)
Peace, Justice and strong institutions
Openalex Percentile: Top 15%
Corruption and Economic Development
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