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The Western Codification of Criminal Law - A Revision of the Myth of its Predominant French Influence (Hardcover, 1st ed. 2018)
Loot Price: R5,456
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The Western Codification of Criminal Law - A Revision of the Myth of its Predominant French Influence (Hardcover, 1st ed. 2018)
Series: Studies in the History of Law and Justice, 11
Expected to ship within 12 - 17 working days
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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.
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