Creating an Anti-Corruption Norm in Africa: Critical Reflections on Legal Instrumentalization for Development

Abstract This article reflects critically on the instrumental value of law in the anti-corruption struggle in Africa. Three questions are central to this reflection: (a) Is the instrumental use of law to achieve a developmental purpose, such as anti-corruption, defensible in theory and practice? (b) Is law necessary to, and/or adequate for, the creation of an anti-corruption norm? (c) Why do the developing countries perform so poorly in the fight against corruption in comparison with their wealthier, industrialized counterparts? While the article defends the instrumentalization of law in this regard, it argues that the African normative context of corruption throws up peculiar challenges. The article suggests that these challenges must be confronted in order to liberate the full potential of law in the struggle against corruption