(Source: Springer)
Springer has published a book on the
codificiation of criminal law in the West.
ABOUT
THE 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
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
An Autonomous
Path for the Italian Penal Code of 1889: The Constructing Process and the First
Case Law Applications, Vinci, Stefano, Pages 131-161
The Roots of
Italian Penal Codification: Nation Building and the Claim for a Peculiar
Identity in Criminal Law, Pifferi, Michele, Pages 163-192
The Myth of
French Influence Over Spanish Codification: The General Part of the Criminal
Codes of 1822 and 1848, Masferrer, Aniceto, Pages 193-242
The Influence
Exerted by the 1819 Criminal Code of the Two Sicilies upon Nineteenth-Century
Spanish Criminal Law Codification and Its Projection in Latin America, Iñesta-Pastor,
Emilia, Pages 243-278
The ‘Code Pénal’ in the Itinerary of the
Criminal Codification in America and Europe: ‘Influence’ and Circularity of
Models, Nunes, Diego, Pages 281-295
Codifying the
Criminal Law in Argentina: Provincial and National Codification in the Genesis
of the First Penal Code, Agüero, Alejandro (et al.), Pages 297-322
From Free Will
to Social Defense (or from Cesare Beccaria to Cesare Lombroso): Julio Herrera
and the Criminal Law Codification in Argentina (1903–1922), Núñez, Jorge A., Pages
323-339
The 1830
Criminal Code of the Brazilian Empire and Its Originality, Poveda Velasco,
Ignacio Maria (et al.), Pages 341-368
The Mexican
Codification of Criminal Law: Its Foreign Influences, Cruz Barney, Oscar, Pages
369-409
European and US
Influences on the 19th Century Prison Reform, Vázquez, Isabel Ramos, Pages
413-427
More information
on the publisher’s
website
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