State of Connecticut Judicial System

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 anintegral part of American legal history.

This book examines how the early modern Portuguese state used convicts and orphans to populate its global empire over a period of two hundred years. In a country with as small a population base and the global labor requirements of Portugal, no one was expendable, not even such marginal figures as criminals, gypsies, orphans, and prostitutes. The author examines how the Portuguese judicial system, Overseas Council, Courts of the Inquisition, and charities coordinated their efforts to populate border cities in Portugal during the Middle Ages, and then turned to various sites in the empire as places of exile for these elements of society. In addition, he addresses the issue of gender in the state's use of two distinct groups of single women as colonizers, orphan girls and reformed prostitutes, each given state-awarded dowries if they agreed to relocate overseas. We are well acquainted with this system as it was used by the British in Australia in the nineteenth century, and much work has been done on similar efforts by other imperial powers, such as France, Spain, Russia, and China, to populate remote regions of their empires. However, this is the first study of the much earlier Portuguese case, and it provides a significant link between the medieval and modern applications of penal exile. The Portuguese state, with a population in 1600 one-sixth that of Great Britain and one-tenth that of France, exiled around 50,000 people, the same number as each of these larger powers. The punishment of exile was thus far more pervasive in Portuguese society. This work represents a new chapter in the study of exile as a punishment and the use of criminals as colonizers. It helps to explain thelongevity of the Portuguese global empire as well as the growth of informal Portuguese-related communities around the world.