Perspectives on financial crimes in Roman‐Dutch law

Johan Henning

Journal of Financial Crime, 2009, vol. 16, issue 4, 295-304

Abstract: Purpose - The purpose of this paper is to identity the prevalence and kinds of financial crime in seventeenth and eighteenth century Roman‐Dutch law. Design/methodology/approach - The object is achieved by a legal and historical analysis of the available legal sources especially of the main Roman‐Dutch and other institutional authorities. Findings - It is found that the general crime of falsity in Roman‐Dutch law had a much greater ambit than the present‐day fraud and had it survived, would have been very valuable to combat present‐day financial crime more effectively. Research limitations/implications - Further research on other Roman‐Dutch sources on falsity. Originality/value - The paper shows there is much to learn from legal history in that the recognition of a general crime of falsity will very valuable to combat present‐day financial crime much more effectively. Of value to everybody engaged in the battle against financial crime.

Keywords: Crimes; Common law; Legal systems; History; The Netherlands; South Africa (search for similar items in EconPapers)
Date: 2009
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jfcpps:13590790910993771

DOI: 10.1108/13590790910993771

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