The Making of Criminal Law

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

Aniceto Masferrer

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English

Routledge
12 November 2025

Jurisprudence & philosophy of law; Comparative law; Legal history; Criminal law & procedure

Series: Routledge Studies in Comparative Legal History

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 late 19th century to the end of the 20th century. It enables us to gauge the influence of case law developed and to assess the extent to which it contributed to major criminal law decisions and the emergence of model criminal codes.

The book takes a comparative view across various European and American jurisdictions and offers an overview of European civil law traditions along with comparisons from the Americas. The focus is on Western legal historiography, which has hitherto been notably under-researched. The chronological point of departure is marked by the creation of the Supreme Court and the cassation in each jurisdiction. Each chapter contains a short introduction to the role of jurisprudence in the making of criminal law from the 19th century onwards in that jurisdiction, followed by an exploration of the contribution of the legal doctrine of the Supreme Court in the making or development of a particular criminal offence or institution.

The book will be of interest to scholars and historians working or teaching in the areas of legal history, comparative legal history, criminal law and comparative law. It will also be of use to scholars interested in the study of law in different socio-cultural contexts.

Edited by: Aniceto Masferrer
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 246mm, Width: 174mm,
ISBN: 9781041059455
ISBN 10: 1041059450
Series: Routledge Studies in Comparative Legal History
Pages: 366
Publication Date: 12 November 2025
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Forthcoming

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