Sobre la fundamentación de las sentencias y el arbitrio judicial: un recuento de la larga marcha hacia la codificación en la Ciudad de México, siglo XIX

Abstract

Criminal justice in courts of ordinary jurisdiction underwent a significant shift in the nineteenth century as it adapted to the demands of modernization and broke away from the former bases to have underpinned it, such as judicial discretion, a power that allowed judges to decide a case without stating the legal grounds for the decision. In Mexico City, a similar shift featured three stages characterized by the implementation of the demand for legal grounds and the accurate application of the law, with both of these aspects reinforced and facilitated by the Law of January 5, 1857, and later the 1871 Penal Code.