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Perspectives on financial crimes in Roman‐Dutch law: Bribery, fraud and the general crime of falsity (falsiteyt)

Johan Henning (University of the Free State, Bloemfontein, South Africa and Institute of Advanced Legal Studies, University of London, London, UK)

Journal of Financial Crime

ISSN: 1359-0790

Article publication date: 9 October 2009

1585

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

Citation

Henning, J. (2009), "Perspectives on financial crimes in Roman‐Dutch law: Bribery, fraud and the general crime of falsity (falsiteyt)", Journal of Financial Crime, Vol. 16 No. 4, pp. 295-304. https://doi.org/10.1108/13590790910993771

Publisher

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Emerald Group Publishing Limited

Copyright © 2009, Emerald Group Publishing Limited

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