What is often legislated, regulated, judicialized, and enforced are the blatant manifestations of capture and associated corruption.Bribery, nepotism, and certain instances of insider trading, to name a few, are examples of behaviors and practices generally prohibited by law.

While some symptoms of wrongdoing may be proscribed and demand-side actors punished(e.g. the public official accepting the bribe),both the root cause(undermining the State for private or political interest),the supply-side actors responsible(e.g. the businessperson perpetrating capture),the less blatant behavior(e.g. lobbying),and its effects(resulting inequality, disenfranchisement, market concentration, etc.)often go untouched.

The absence of corporate capture from legal frameworks, for example, has caused some to question its validity as a concept since, well, it is often legal.In Colombia and Brazil, extractive and agribusiness practices that harm the environment have become legalized, for example, essentially obviating the need to capture the lawmakers, regulators, and judges who previously were the downstream objects of capture.

In addition to legalizing capture practices, soft law, norms, voluntary practices, and the like are also important avenues towards legality for supply-side actors seeking to capture the State.

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