1st Edition

The Making of Criminal Law The Role of Case Law in the 19th and 20th Centuries

Edited By Aniceto Masferrer Copyright 2026
380 Pages 3 B/W Illustrations
by Routledge

380 Pages 3 B/W Illustrations
by Routledge

The separation of powers produced by the Enlightenment period reinforced the myth of the “perfection of the law”, with criminal law being dependent on the principle of legality. Demonstrating that this principle has not fundamentally altered judges' methods of interpretation and decision-making, this collective volume explores the role of case law in the making of modern criminal law from the... Read more

1. The Contribution of Case Law to the Making of Western Criminal Law
Aniceto Masferrer

 France:
2. Case law in the Court of Cassation: Interpreting Codification, Production, and Physiology of Judgments (1811-1863)
Claire Bouglè-Le Roux

3. French Case Law about the Age of Minority: A Historical Study about the Relationships Between Jurisprudence and Juvenile Delinquency
Jean-Louis Halperin

Spain:
4. The Burden of Proof in the Crime of Adultery in Spain: The Contribution of the Supreme Court (1870-1978)
Aniceto Masferrer

5. Diving into Spanish Legal Dissonance: Honour as a 19th Century Two-Sided Normative Reality
José Franco-Chasán

Portugal:
6. Neither One nor the Other: Gender, Sex, and Marriage on Trial in Portugal during the 19th and 20th Centuries
Maria Clara Calheiros  

The Netherlands:
7. The Dutch Supreme Court on Rape and Sexual Assault between 1886 and 1991
Janwillem Oosterhuis

Austria:
8. Homosexuality in Austrian Penal Law and the Role of the Supreme Court
Martin P. Schennach

Hungary:
9. Judicial Decisions Shaping Criminal Law: Eight Decades of Sedition Cases in Hungary
Emőd Veress and Bence Zsolt Kovács

Denmark:
10. Dolus Eventualis in Danish Criminal Law: The Introduction of a Legal Concept by the Supreme Court
Per Andersen

Sweden:
11. Case Law between the Adoption of Two Criminal Codes, Sweden 1864-1962: The Definition of Rape and Aspects of Criminal Intent
Martin Sunnqvist

Finland:
12. Supreme Court of Finland’s Theft Rulings in the Context of Crises and Modernization
Esko Hakkinen

Russia:
13. Evolution of Slander and Libel in the Russian Empire and Soviet Russia (1870-1970)
Tatiana Alekseeva

USA:
14. Infidelity, Legality, and Southern Jurisprudence: The Newly Established Georgia State Supreme Court and its Contribution to Adultery as a Criminal Offense
Julie Rocheton

Chile:
15. Deterrence and Criminal Law: A First Panorama on the Application of Article 483 of the Criminal Law in Chilean Courts (1878-1887)
Loris de Nardi and María Macarena Cordero Fernández

Biography

Aniceto Masferrer is Professor of Legal History at the University of Valencia, Spain.