23 April 2018

BOOK: Ed. Aniceto MASFERRER, The Western Codification of Criminal Law : A Revision of the Myth of Its Predominant French Influence [Studies in the History of Law and Justice], ed. Georges Martyn and Mortimer Sellers (Heidelberg/New York: Springer, 2018). ISBN 9783319719122, $159.00

(Source: Springer)

Springer has published a book on the codificiation of criminal law in the West.


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.


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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