European and US Influences on the 19th century Prison Reform / Isabel Ramos Vázquez. Influence of the Napoleonic Penal Code on the Development of Criminal Law in Germany : Juridical Discourses, Legal Transfer and Codification / Karl Härter -- Ignoring France? Possible French Influences on the Development of Austrian Penal Law in the 19th century / Martin Paul Schennach -- Influence of the French Penal Code of 1810 on the Belgian Penal Code of 1867 : between continuity and innovation / Yves Cartuyvels -- Influence of the French Penal Code of 1810 over the 'General Part' of the Portuguese Penal Code of 1852 : the Visible and the Invisible / Frederico de Lacerda da Costa Pinto and Pedro Caeiro -- Autonomous Path for the Italian Penal Code of 1889 : The Constructing Process and the First Case Law Applications / by Stefano Vinci -- Roots of Italian Penal Codification : Nation Building and the Claim for a Peculiar Identity in Criminal Law / Michele Pifferi -- Myth of French Influence over Spanish Codification : The General Part of the Criminal Codes of 1822 and 1848 / Aniceto Masferrer -- Influence exerted by the 1819 Criminal Code of the Two Sicilies upon nineteenth-century Spanish Criminal Law Codification and its Projection in Latin America / Emilia Iñesta-Pastor -- 'Code Pénal' in the Itinerary of the Criminal Codification in America and Europe : 'Influence' and Circularity of Models / Diego Nunes -- Codifying the Criminal Law in Argentina : Provincial and National Codification in the Genesis of the First Penal Code / Alejandro Agüero -- From Free Will to Social Defense (or from Cesare Beccaria to Cesare Lombroso) : Julio Herrera and the Criminal Law Codification in Argentina (1903-1922) / Jorge A. Núñez -- 1830 Criminal Code of the Brazilian Empire and its Originality / Ignacio María Poveda Velasco and Eduardo Tomasevicius Filho -- Mexican Codification of Criminal Law : Its Foreign Influences / Oscar Cruz Barney -- European and US Influences on the 19th century Prison Reform / Isabel Ramos Vázquez.
Summary:
"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"--Back cover.
Series:
Studies in the history of law and justice ; volume 11
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.