BeIR/webis-touche2020 huggingface dataset:
Adequate solution for the root-cause: anti-bribery should be part of companies’ CSR missions

Anti-bribery principles should be part of companies’ CSR missions. It should also be the law. First of all, we don’t find this mutually exclusive - we’d like corporations to act against corruption on their own volition, but when they don’t, and actually instigate corruption, then we should be able to act against them. Since we all agree that bribery is bad, we haven’t received a single reason to rely exclusively on corporate goodwill, especially when its obvious that some corporations have no good will. Actually, Prop’s analogy to environmental and social issues is interesting. We have laws to regulate the amount of pollution or the working conditions that a corporation creates, and don’t rely only on CSR in order to make the corporations act right. We see no reason to make an exception in the case of corruption, which creates further environmental & social problems, as we show in our positive arguments. When corruption harms citizens, as Prop shown, then it is the government’s duty to safeguard the populace. The claim that there is over-regulation is simply an assertion, and furthermore, if a particular law in a particular country is over-regulating, that law should be revised. Not abolished, but revised. In order to prove that no country should have such laws, Prop has to show that all laws are over-regulating. Companies can’t always take their business elsewhere, we should remember that the corporate world is competitive - one company can ignore a market, but others will come in and use that market. Those, hopefully, won’t sell faulty pharmaceuticals. On the other hand, if a company will take its polluting plant elsewhere, where bribe isn’t required, then we’ll prefer that to sickening the people. We’re at no point advocating ignoring smaller fish - once again, not mutually exclusive. What we do say is that the damages that big corporations create are so much bigger, that we need to pay it special attention.
Opposition Summary & Conclusion

In this debate, Prop's burden was proving Corporate Anti Bribery Laws to be sufficiently harmful as to warrant abolition. Therefore, we begin by considering the harms presented & clearly show that they don’t constitute a convincing justification for abolishing these laws. We then turn to the question of efficacy, reiterating that these laws do indeed work to better & protect society. HARM 1: “Business Disadvantage” Initially both teams agreed that bribery is a corrupt & dangerous practice, differing only on the mechanism to fight it. However, Prop then claimed that preventing corps from bribing disadvantages them, as other companies will still bribe. This drastically alters their stance on bribery being harmful. Instead, they advocate that Corps’ should have a right to bribe. Legitimising bribery in the interest of this “fairness” is dangerous & unconscionable. HARM 2: “Compliance is expensive” Prop worries about the admin toll on Corps trying to comply. We fail to see how their proposed alternative of Corps self-regulating alleviates this problem. Indeed, costs will rise when government actors step out of the picture & need to be replaced. HARM 3: “Overregulation” Prop argues that existing laws cover bribery, such as tax evasion laws, making bribery laws redundant. If so, their suggested self-policing will be redundant, because there would be nothing to self-police! We presented enormous harms in abolishing the law: 1. It facilitates Corp bribing, at great risk to public health & safety, which can’t be dealt with under existing laws. Prop responded that Pharmas still bribe in spite of existing legislation. Interestingly, though, if you follow their link you will see that these same companies are under US investigation for these practices. Anti-Bribery legislation is what facilitates this. 2. Eradicates the right to free and fair economic competition 3. Endangers developing economies by allowing richer companies, able to pay higher bribes, to remain monopolies EFFICACY: we’ve shown that the laws are: 1) Effective deterrents, as previously analyzed. We remind Opp that deterrence is a basic tenet of the justice system. 2) Effective mechanisms of investigation and prosecution as evidenced by the myriad of big Pharma companies under investigation. Opp seem dissatisfied by these, so we point them to a plethora of examples of effective prosecution [[http://is.gd/fIWv9L]] [[http://is.gd/CxZV2o]] [[http://is.gd/OXjRPm]] We’ve also shown Prop alternative to be ineffectual and illogical: Allowing those with a vested interest to police themselves is counter-intuitive and relying on unregulated CSR has detrimental effects[[http://is.gd/HFjycK]]. US gun manufacturers also provide a good example[[http://is.gd/uAgYIm]]. Prop have given no concrete cause whatsoever to abolish laws which deter crime, protect society, and facilitate bringing powerful, corrupt entities to justice.
Anti-bribery laws lead to increased inequalities and new loopholes (response).

Effectiveness: Prop argues that bribery laws are not the means to reduce/prevent bribery based on the number of prosecutions p/a. Aside from the fact that this is a correlative rather than causative measure of effectiveness, we have shown the legislation to be useful, given that: 1. Corps are deterred from bribing not only because of potential fines, but because of the enormous financial cost of entering into a lawsuit, in addition to the toll on resources & reputation. The latter, prop has told us, is of critical importance to corps. 2. Prosecution & effective prevention are not the same thing. Large numbers of corps being investigated under anti-bribery legislation shows that the laws provide a necessary legal framework for crucial scrutiny into potential crimes & prevention of injustice. Harms: 1. Prop claims those unable to bribe due to tough legislation are disadvantaged as less-regulated corps WILL be able to pay bribes. The suggestion here appears to be that we level the playing field by abolishing laws, so a negative practice becomes available to all, equally. After conceding that bribes are bad for society, Prop’s suggestion that we remove laws ‘in the name of fairness’ seems both contradictory & dangerous. 2. Prop worries that “corporations will take their businesses elsewhere (where bribe is much cheaper)”. This points to a fundamental misunderstanding of the issue at hand. Today’s anti bribery laws explicitly prohibit bribing FOREIGN officials, aiming to ensure corps cannot take advantage of corruption overseas. Corps opting not to invest in ‘corrupt’ countries also incentivize those places to eradicate corruption in order to stay competitive globally. Above all: bribery endangers communities’ health, steals wealth & shifts it to the pockets of corrupt government officials.[[http://is.gd/UOsFLY]] This isn’t just “unfair”, it is gross injustice. Business competition cannot stand above protecting human rights.
Defending team summative speech

Laws are not expected to be 100% effective. They are, however, expected to do two things: (1) be somewhat effective, and (2) not be counterproductive. Corporate anti-bribery laws fail on both counts. Evidence presented in our inequality argument showed that even the toughest legislation did not yield any tangible results. One prosecution per year is closer to 0% than to 100% in terms of effectiveness. Evidence presented in our first two arguments also show that anti-bribery laws are, in fact, counter-productive. Globally, they favor companies with least respect for fairness and allow them to prevail. There is no field-leveling, because companies are not deterred by anti-bribery laws, they are simply forced to become more creative. Companies that end up suffering are those that are more morally inclined anyway. Countries that end up suffering are those that most needed those corporations there, as the Unilever WSJ evidence shows. Anti-bribery laws are ineffective when it comes to actually curtailing corruption, but they do have an effect in increasing disparities between companies and countries. The alternative is shifting responsibility on the individual and on the social responsibility, rather than duty, of the corporations. The current corporate culture in which individuals have no role or responsibility is exactly what fosters corruption. As long as individuals have a larger entity to fall back on, they will always be tempted to act with complete disregard for other people's interests. It is not a certain Pharma company that is willing to sacrifice lives for profit, but certain Pharma executives who know that the worst that can happen to them is to be left without a company, instead of serving jail time. Anti-bribery laws targeting corporations are thus likely to achieve an increase in the temptation to use corrupt practices. Change has to target individuals and has to come from inside the corporations. Examples of Denmark, Sweeden or Norway we presented prove this: genuine and stable change comes from companies and individuals who understand bribery is hurting them. Self-policing does not mean introducing a middle man; on the contrary - it means dispensing with the middle man. What the opposition fails to understand is that legal obligations undermine moral decisions. Making bribery bad because it is illegal will always leave room for bribery to still be desirable and morally equivocal. If the government truly wants to take care of its citizens it has to put in place a mechanism that rewards honesty and makes bribes useless for companies. Making bribes illegal does not make them seem less attractive and does not solve the core issues. Corporate anti-bribery laws should be abolished because they have no effect whatsoever, raise the playing field instead of leveling it, and allow bribery to still be considered attractive for the individuals who actually make the decisions and run the companies.
Corporate anti-bribery laws protect public health and safety

Proposition will doubtless agree today's corporations have tremendous influence on public health and safety, both in the developing and in the developed worlds. It follows, therefore, that corporations bribing officials to circumvent safety or health regulations represent a substantial danger to society, bigger than any risk that might be posed by an individual. Indeed, it is imperative that we pay particular legislative attention to corporate corruption, in order protect the public from the enormous harm that could result from even one corporation engaging in this practice. Public health: Approving pharmaceuticals is an arduous procedure which can take many years. Conversely, one year of drug sales and first mover advantage can bring a company billions. Therefore, corporations have enormous temptation to bribe officials to bypass these essential procedures, resulting in approval of medications whose safety has not been adequately determined. Unfortunately, this is not just a theoretical argument. Last year, 6 big Pharmas were investigated for violations of the FCPA, the US anti-bribery legislation.[[http://is.gd/1818f1]] It is -these- laws that allowed the US government to subpoena and investigate the local and international practices of these companies, and thus to protect the public from the long-term and drastic harms of unsafe drugs going to market. Public Safety: If corporations aren’t subject to rigorous anti-bribery investigation, they pay off officials to obtain higher pollution quotas, to secure licences for buildings not compliant with safety standards, or to develop in unsafe areas. Again, this is not theoretical: Bribes are the cause of water pollution in India[[http://is.gd/WlTXT8]]; G.E. has been accused of bribing the Puerto Rico Water Authority.[[http://is.gd/ocyIw7]] Because corporations can pollute incomparably more than any other pollution source, we must legislate to ensure corporations can’t bribe their way around the law.
Anti-bribery laws lead to increased inequalities and new loopholes

Let us firstly look at the purpose of anti-bribery laws. Why proscribe payments intending to influence public officials in order to retain a business advantage more than it is already happening? Intuitive enough, the answer is: to ensure equality, transparency and fair competitiveness on the market. Ultimately, the goal is to ensure both government efficiency and economic competition, so that all three parts of a society can profit (public sector, private sector and civil society). But what we are firstly witnessing is that instead of alleviating corruption, anti-bribery laws create new loopholes and inequalities which either make bribe more expensive, or lead to an uncompetitive disadvantage. Take the US, for example, the first and most important player praising its “zero tolerance” towards bribes. Despite multi-million-dollar fines for corporations and jail for its employed individuals and senior executives, on average “only one case a year has actually been prosecuted” [1] http://www.economist.com/node/182081 One of the reasons is that American firms learn how to bribe smarter, such as an “attenuated quid pro quo” [2] http://www.investopedia.com/terms/q/quidproquo.asp#axzz1WmeNEUPC That is, instead of a direct bribe which could be easily detected, another share in another deal usually becomes the price in exchange for an illegal service. Where corporations are trying to comply with local regulations, there is a high chance that when they follow ethics, they are confronting with a competitive disadvantage. The new UK Bribery Act, as well as the FCPA enable pre-emptive internal monitoring for companies, which is surely expensive and detrimental for those who pay extra just because laws are harsher home than abroad (at least when it comes to the UK and US). With different countries applying harsher punishments for the big corporations, the losers are usually those who comply, at the risk of losing their business on a local market.
Anti- Bribery Legislation Prevents Anti-Competitive Practice

We all believe that today’s businesses have the right to compete in a free market and that market factors should determine the most competitive enterprise. Bribery in the marketplace undermines these basic principles and endangers both developed and developing economies. Developed Economies: Often, emergent businesses compete for government tenders, or to obtain contracts in local bids. However, their competition and investment is rendered completely ineffectual, by large corporations greasing the palms of local authorities to ensure their corporation secures the contract. In addition to the obvious moral implications of this anti-competitive behaviour, there are practical implications. If established corporations can easily pay these large bribes, small start-up companies will be disincentivized from taking part in competition. Those who are not initially deterred will be quickly removed from the race, unable to compete with the large bribes offered. The tangible result of this detrimental practice is to create and sustain monopolies, which in turn impacts negatively on the economy at large and on the individual consumer. Developing Economies: A UN report on the effects of anti-competitive business cultures on developing countries and their development prospects discusses how eradicating anti-competitive practices like bribery “can directly and/or indirectly contribute to wealth maintenance and creation, which is key to poverty alleviation.” [[http://is.gd/T8bBBc]] Clearly, we do not want a scenario in which wealthy western corporations can profit from business in the developing world simply because they can afford to bribe officials into ignoring worthy local competitors. If corporate anti-bribery legislation were to be abolished, we lose its highly deterrent effect, and we also lose the ability to prosecute these unfair practices which perpetuate business monopolies at best, and cycles of poverty at worst.
Adequate solution for the root-cause: anti-bribery should be part of companies’ CSR missions

Do we mean by this that bribes should be acceptable and even desirable because they come with some forms of corporate social responsibility (CSR) and they eventually pay off for the entire community? No! We righteously agree here with what the Opposition might say: generally corruption is bad, bribes add as much as 25 percent to the cost of public procurement, resulting in lower quality services, unaffordable for the poorest, while they skyrocket the distrust of citizens in their governments. [1] http://www.ethics.org/files/u5/Anti-corruptionFINAL.pdf Instead, we are arguing that the fight against bribery should be a form of CSR, just as environmental and social problems nowadays constitute moral obligations for corporations. So what governments could do, instead of creating new anti-bribery laws, is ensuring that the fight against corruption is companies’ responsibility, while minding the behaviour of their own public officials. The government is the entity that sets out the terms of the game, but over-regulating corporations in addition to its citizens and their private lives, is simply detrimental: there is a justified fear that corporations will take their businesses elsewhere (where the bribe is much cheaper), as well as there will always be a suspicion concerning public-private partnerships and, consequently, regarding investments in local communities, as the general mindset is that “they’re all guilty, but let’s punish the big fish”. Such a mindset is detrimental for both businesses and governments to the point that anti-bribery laws on corporations could saw off the bough on which governments are sitting. Instead, we argue that a better way out is abolishing anti-bribery laws for corporations and ensuring a more friendly climate where corporations themselves fight against corruption because it is yet another opportunity to create “shared value” for the society.
Anti-bribery laws lead to increased inequalities and new loopholes (response).

Our burden of proof is to show how anti-bribery laws on corporations are ineffective and in addition, we tried to argue how their unintended effects do more harm than the intended ones. Now, what the Opp seems to do from the beginning is to give us the typical straw man sophism, to which we answer: we don’t expect perfect legislation, as we already acknowledged that corruption is impossible to eradicate, given the nature of human beings. However, one can reduce it or prevent it through various means, among which we argued that anti-bribery is NOT one of them. So the first point wasn’t really needed, as we didn’t imply in any way that just because criminals avoid laws we should stop punishing them. We simply suggested how this method is excessive, and even damaging. Secondly, it seems the “uncompetitive advantage” argument was misunderstood by our opponents. We were discussing the cases of corporations (like Unilever) which decide to move their business elsewhere because the bribes they should pay (in countries like Bulgaria, for instance) cost them too much in terms of risks (since they’re under the microscope at home), while not paying them (as most competitors try to do) puts them in an uncompetitive disadvantage. And not only is this unfair, but it also increases inequalities between economies globally, which is one unintended long-term effect. A recent research study addressing the effectiveness of the anti-bribery laws on corps shows that corps with stricter laws (like the US with the FCPA) would rather not invest in countries perceived to be corrupt. Hence, a major drawback: with excessive penalties on certain countries, there will be a “chilling effect” on businesses in others [1] http://on.wsj.com/2ugRx. Inequalities created by corrupt and less corrupt states will split the world into “just wannabe, but can’t afford” bribers and simple, rampant bribers. Thus, the root cause of the problem isn't tackled in any way.
Corporate culture necessitates treating corporations as a collective, rather than as a collection of individuals

We do agree with the practice and trends in today’s times, but corporate culture doesn’t give us solid reasons to justify a person’s irresponsible or immoral.If we take into account the “collective power” aka the corp, there’s a strong argument coming from a powerful experiment in 2011: “Collectivism may promote bribery by diffusing responsibility”, allowing individuals to sidestep their own morals and do business in ways which they know to be illegal. [1] http://bit.ly/mUzZg6 So a more plausible scenario is that the Mitsubischi worker would feel less responsible for accepting the bribery mechanisms if the anti-bribery laws make the corp accountable (notice that here, the corporation is the “bad guy” from the start, as everyone presumes it’s going to cheat). Which means that this whole framework transforms its purpose into enforcing more surveillance on employees for corps so that they catch the “potential cheater” in the company at an early stage. So coming back to our point: there’s always a choice, even for our poor Mitsubischi worker. If there’s blackmail or harassment involved, there are harsh punishments for that, as there are a lot of whistleblowers, advocacy groups and anti-corruption movements in civil society to loudly denounce such misbehaviors. But he has to know that breaking laws is neither a good practice, nor something attributable to the company only, when the employee is guilty. Enforcing such a law against corps is simply giving an excuse to employees to blame their companies, which is another unintended damaging effect. As for the company, the Opp team seems to forget how important top management is, as well as reputation. Current CEO of Statoil (the famous Norwegian oil company) publicly admitted that “the corruption scandal has tarnished Statoil and Norway’s reputation abroad”. [2] http://bbc.in/oEiOlS For its Iranion bribes, Statoil was fined 1.6mil pounds in 2004 for corruption, when there was no anti-bribe
Abolishing anti-Bribary laws allows criminals to escape accountability

The goodcompanies.com website reminds us all that good practices stem from private initiatives, not governmental orders. CSR is all about realizing how to better address your consumers by letting them know how benevolently responsible you are. Taking that away from corps will surely deprive them of some added value. Let us finally analyze the situation imagined by the Opposition. They say that corporations can hide their trails by acting through middlepersons and avoid punishments. But how would the Opposition imagine then a successful prosecution without actually finding those middlepersons that lead back to the corporations? One cannot judge “the corporation” because not “the corporation” is bribing, but that senior executive, that Mitsubischi worker, that small, pervert and greedy group who doesn’t know how to do business otherwise. So you need people first of all so that you are able to gather proof, either way. Otherwise, why destroy a corporation’s reputation of years due to a temporary defective management? As collective identity has repercussions over all members, wouldn’t the Opposition agree that labeling a corporation as “corrupt for giving bribe” would harm all parties involved, including innocent people? But it is exactly this need to be able to act on individuals, and not diffuse responsibility, that is cornerstone to countering bribery and corruption. Fining corporations does not “hit them where they’re vulnerable,” on the contrary. Big corporations like Microsoft have no qualms in breaking the law and paying millions and billions in fines, as long as individuals in senior management know they will not personally suffer the consequence of their actions