Mark Fernandez – författare
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2 produkter
2 produkter
677 kr
Skickas inom 3-6 vardagar
Louisiana's legal heritage has long been a source of fascination, curiosity, and sadly, misinformation. Outsiders have viewed the legal system as an anomaly and have shunned its study because of its perceived quirkiness. Moreover, past writings about the state's legal structure have focused on the minutiae of Louisiana's civil law origins, adding to an image of peculiarity. Consequently, Louisiana has been generally ignored in treatments of American or southern legal history. Recently, however, a new vision has emerged the New Louisiana Legal History. A product of an energetic cadre of writers, this rendering explores new methods and areas of research with the aim of integrating Louisiana into the mainstream of American legal history, southern history, and American history in general. The ten essays in this volume -- which address law in the state through the nineteenth century -- mark the coming of age of the New Louisiana Legal History. Grounded in novel research methodologies and underutilized manuscripts, this book links the distinctive history of Louisiana law to the wider contexts of southern and American history and offers an exciting new interpretation of the state's unique past.
From Chaos to Continuity
The Evolution of Louisiana's Judicial System, 1712-1862
Häftad, Engelska, 2015
270 kr
Skickas inom 10-15 vardagar
Historians have long viewed Louisiana as an anomaly in the American judicial system-an eccentric appendage at the mouth of the Mississippi River. The diverse Creole culture and civilian heritage of the state's legal system have led many scholars to conclude that it is an anachronism in American law unworthy of serious attention. Others embrace this tradition and revel in the minutiae of the Pelican State's unique civil law legacy. In From Chaos to Continuity, Mark F. Fernandez challenges both perspectives. Using the innovative methods of the New Louisiana Legal History, he offers the first comprehensive analysis of the role of the courts in the development of Louisiana's legal system and convincingly argues that the state is actually a representative model of American law and justice.Tracing the rise of Louisiana's system from its earliest colonial origins to its closure during Federal occupation in 1862, Fernandez describes the introduction of common law after American takeover of the colony; the chaotic combination of French, Spanish, and Anglo legal traditions; the evolution of that jurisdiction; the role of the courts-especially the state supreme court-in maintaining the mixture; and the judge's proper function in administering justice. According to Fernandez, the challenge of integrating two very different systems of law was not unique to Louisiana. Indeed, most antebellum southern states had legal systems that incorporated important traditional aspects of their colonial legal orders to varying degrees. From Chaos to Continuity liberates Louisiana's legal history from the quirky restraints of the past and allows scholars and students alike to see the state as an integral part of American legal history.