Studies in the History of Law and Justice

The Western Codification of Criminal Law

A Revision of the Myth of its Predominant French Influence

Editors: Masferrer, Aniceto (Ed.)

  • Investigates the codification of criminal law in the West 
  • Examines the influence of the French criminal code on jurisdictions in Europe and Latin America 
  • Pursues a revealing, comparative approach to the topic 
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Hardcover $159.00
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About this book

This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. 

The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

Table of contents (15 chapters)

  • Tradition and Foreign Influences in the 19th Century Codification of Criminal Law: Dispelling the Myth of the Pervasive French Influence in Europe and Latin America

    Masferrer, Aniceto

    Pages 3-50

  • The Influence of the Napoleonic Penal Code on the Development of Criminal Law in Germany: Juridical Discourses, Legal Transfer and Codification

    Härter, Karl

    Pages 53-75

  • Ignoring France? Possible French Influences on the Development of Austrian Penal Law in the 19th Century

    Schennach, Martin P.

    Pages 77-93

  • The Influence of the French Penal Code of 1810 on the Belgian Penal Code of 1867: Between Continuity and Innovation

    Cartuyvels, Yves

    Pages 95-113

  • The Influence of the French Penal Code of 1810 Over the “General Part” of the Portuguese Penal Code of 1852: The Visible and the Invisible

    Lacerda da Costa Pinto, Frederico (et al.)

    Pages 115-130

Buy this book

eBook $119.00
price for Mexico (gross)
  • ISBN 978-3-319-71912-2
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $159.00
price for Mexico
  • ISBN 978-3-319-71911-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
The Western Codification of Criminal Law
Book Subtitle
A Revision of the Myth of its Predominant French Influence
Editors
  • Aniceto Masferrer
Series Title
Studies in the History of Law and Justice
Series Volume
11
Copyright
2018
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing AG, part of Springer Nature
eBook ISBN
978-3-319-71912-2
DOI
10.1007/978-3-319-71912-2
Hardcover ISBN
978-3-319-71911-5
Series ISSN
2198-9842
Edition Number
1
Number of Pages
X, 427
Topics