The Western Codification of Criminal Law
The Western Codification of Criminal Law

Author: Aniceto Masferrer

Publisher: Springer

Published: 2018-03-09

Total Pages: 427

ISBN-13: 3319719122

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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.

Penal Servitude
Penal Servitude

Author: Helen Johnston

Publisher: McGill-Queen's Press - MQUP

Published: 2022-01-15

Total Pages: 160

ISBN-13: 0228009669

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Established in 1853, after the end of penal transportation to Australia, the convict prison system and the sentence of penal servitude offered the most severe form of punishment – short of death – in the criminal justice system, and they remained in place for nearly a century. Penal Servitude is the first comprehensive study to examine the convict prison system that housed all those who were sentenced to penal servitude during this time. Helen Johnston, Barry Godfrey, and David Cox detail the administration and evolution of the system, from its creation in the 1850s and the building of the prison estate to the classification of prisoners within it. Exploring life in the convict prison through the experiences of the people who were subjected to it, the authors shed light on various details such as prison diet, education, and labour. What they find reveals the internal regimes; the everyday endurances, conformity, resistance, and rule breaking of convicts; and the interactions with the warders, medical officers, and governors that shaped daily life in the system. Reconstructing the life histories of hundreds of convict prisoners from detailed prison records, criminal registers, census data, and personal correspondence, Penal Servitude illuminates the lives of those who experienced long-term imprisonment in the nineteenth and twentieth centuries.