The organizational reasons for wrongdoing. The case of Italy's Superior Council of the Judiciary (CSM).

Many scholars have highlighted the individual, organizational and inter-organizational causes of organizational wrongdoing; others have focused on its (negative) consequences or have analyzed how it can persist and spread between organizations. An underlining assumption shared by many of those studi...

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Publicado en:Crime, Law & Social Change Vol. 79; no. 4; pp. 453 - 473
Autores principales: Catino, Maurizio, Dallara, Cristina, Rocchi, Sara
Formato: Artículo
Publicado: Springer Nature May2023
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Acceso en línea:Ver este registro en EBSCOhost
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        atl: The organizational reasons for wrongdoing. The case of Italy's Superior Council of the Judiciary (CSM).
      aug:
        au:
          Catino, Maurizio
          Dallara, Cristina
          Rocchi, Sara
        affil:
          Department of Sociology and Social Research, University of Milan-Bicocca, Via Bicocca Degli Arcimboldi 8, 20126, Milan, Italy
          Department of Political and Social Sciences, University of Bologna, Str. Maggiore, 45, 40125, Bologna, Italy
      su:
        Italy
        Career development
        Judges
        Organizational learning
        Public prosecutors
        Deviant behavior
        Justice administration
        Bureaucracy
      sug:
        subj:
          Career development
          Judges
          Organizational learning
          Public prosecutors
          Deviant behavior
          Justice administration
          Bureaucracy
          Italy
          Professional and Management Development Training
          Vocational Rehabilitation Services
          Legal Counsel and Prosecution
      keyword:
        Dark side
        Decoupling
        Judicial systems
        Organizational deviance
        Wrongdoing
        Dark side
        Decoupling
        Judicial systems
        Organizational deviance
        Wrongdoing
      ab: Many scholars have highlighted the individual, organizational and inter-organizational causes of organizational wrongdoing; others have focused on its (negative) consequences or have analyzed how it can persist and spread between organizations. An underlining assumption shared by many of those studies is that organizational wrongdoing is a deviant, society-damaging phenomenon originating from individual and organizational actors' pursuit of undue advantages. We argue that, at least in some cases, actors may also have "organizational reasons" for wrongdoing, besides self-interest. This article aims at analyzing the organizational reasons for wrongdoing in the CSM affair, a scandal that shed light on the deviant practices for career paths within the Italian judiciary system. By relying on documents and several semi-structured interviews to judges, public prosecutors, and experts in the field, we reconstructed actual practices for career advancement (extra-legal governance) and compared them with formal policies (legal governance). Our analysis shows that deviant practices were not merely occasional episodes of favoritism, but were part of an extra-legal governance system that involved virtually all of Italy's judges. We also found that the CSM decoupled formal policies from actual practices to manage two organizational trade-offs – bureaucratic rules vs. efficiency, and independence vs. accountability. Therefore, besides individual gain, actors had two major "organizational reasons" for wrongdoing: first, they needed to cope with a lack of organizational capabilities and resources; second, they needed to address calls for greater accountability. In the light of our findings, we conclude with some considerations about organizational learning and the relation between law, organizations, and wrongdoing.
      pubtype: Academic Journal
      doctype: Article
      src: R
    language: English
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