Bribery has never received good press.  It’s equally demonized across all forms of media.  However, there are many aspects of bribery and not all should be treated equally.  Bribery can be divided up between: the offeror and taker; offensive and defensive.  There isn’t a legal system on earth that distinguishes between the various forms of bribery—that I know of.  These various forms of bribes should be treated differently.

There is nothing illegitimate about offering a bribe.  You’re offering a bribe with your property.  No property rights are violated in offering.  The taker of the bribe is the one who is violating property rights.  Upon closer review, the offeror has done nothing wrong.  It’s the taker of the bribe who aggressed against property.  Additionally, the offeror didn’t corrupt the taker.  Every adult is responsible for his own actions.

Bribes can be offensive or defensive.  Some bribes are used to keep people from the market.  Others are to get to the market.  A company bribing a politician to keep people from the market is an offensive bribe.  They are bribing to get a monopoly or quasi-monopoly.  Offering the bribe to a politician doesn’t violate property.  The politician accepting the bribe does.  Bribing the police to enter the market doesn’t violate property.

Company ABC bribes a politician for special privileges—more commonly called lobbying.  The company didn’t violate property.  You have the right to use your property how you see fit.  The politician accepting the bribe is committing the property violation.  The company didn’t corrupt the politician.  The company just displayed the politicians’ true colors.  He is responsible for his actions.  Furthermore, this is an offensive bribe. 

Company ZYX has had their property violated.  They now bribe the police to let them sell their products on that market.  They are bribing to get to the market.  This company is now engaging in a defensive bribe.  Property haven’t been violated.  There are different aspects of a bribe.  Bribes must be viewed from property rights.  If not, the wrong conclusion can be come to.  Maybe states will begin to recognize the aspects of bribes—I won’t hold my breath.

Reference

Murray Rothbard; The Ethics of Liberty