Customs, mores and culture in determining the scope of law and financial crime control – relevance of Savigny and Lord Denning’s analysis

Adeoye Johnson Adetunji

Journal of Financial Crime, 2018, vol. 25, issue 4, 1111-1122

Abstract: Purpose - The purpose of this paper is to evaluate the role of customs and morality on financial crime control in developing countries, against the background of inherited foreign laws and international best practice. Design/methodology/approach - The research is explanatory, descriptive and exploratory, relying extensively on existing anti-graft journals, text books, decided cases, constitutional provisions, statutory provisions and United Nation Conventions. Findings - The research findings and analysis propose that the existing financial crime control measures in developing nations fail to consider local customs and circumstances in formulating anti-corruption policies and laws; consequently, a meaningful and effective financial crime control in developing nations, especially in Nigeria, requires the customs and culture to be examined and evaluated with a view to designing a pragmatic policies and laws. Originality/value - The paper contributes practical options to observed lapses in the existing financial control laws, especially corruption. The paper will be valuable to African Governments, corporations and the academic community.

Keywords: Natural law; Morality; Financial crime; Common law; Custom; Repugnancy test; Universal morality; Relative moralim; Accusatorial; Inquisitorial; Justice systems; International best practice; Law of wrongs (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jfcpps:jfc-09-2017-0083

DOI: 10.1108/JFC-09-2017-0083

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