Download Legal systems in conflict: property and sovereignty in by Stuart Banner PDF

By Stuart Banner

ISBN-10: 0806131829

ISBN-13: 9780806131825

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As will be shown, many of the relevant norms among the pre-Louisiana Purchase residents were most likely the remembered remnants of written law or unwritten practice in the places from which the residents had come, and some were as complex as any written law on the same subject could be. Page 11 PART I FRANCE AND SPAIN, 17501803 Page 13 Chapter 1 Upper Louisiana A legal system is both inhabited by and constituted by a particular set of people in a particular place. This chapter will accordingly provide a brief introduction to the residents of Upper Louisiana in the second half of the eighteenth century and to their legal system.

The would-be empire builder was a minor American government official named Frederick Bates, who correctly understood himself by that initial "we" to be expressing the aims of the government of the United States. The year was 1807, four years after the Louisiana Purchase transferred the area to American control. The arbitrary "proconsular Agents" were the Spanish colonial officials who had governed the area for most of the preceding four decades. This book is, in a sense, an exploration of what Bates meant.

There was not a solitary instance of civil delinquency, or of crime.  .  . "4 Even the most recent and professional history of St. ''5 This view, as I will show, echoes the disparaging comments of the earliest American lawyers and government officials to arrive after the Louisiana Purchase, but bears little correspondence to the pre-Purchase legal system as it actually operated. The residents of late-eighteenth-century St. Louis and the surrounding towns often litigated against one another, according to consistent and well-established procedures, in government-operated courts.

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