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Judge and Jury in Imperial Brazil, 1808–1871 : Social Control and Political Stability in the New State / Thomas Flory.

By: Material type: TextTextSeries: LLILAS Latin American Monograph SeriesPublisher: Austin : University of Texas Press, [2021]Copyright date: ©1981Description: 1 online resource (284 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9781477305935
Subject(s): Other classification:
  • online - DeGruyter
Online resources:
Contents:
Frontmatter -- Contents -- Preface -- Acknowledgments -- Part I. Brazilian Liberalism and Justice in the Independence Period, 1808-1831 -- 1. Introduction: Liberalism in a Time of Transition -- 2. Reformist Thought and Brazilian Society -- 3. The Judicial Legacy -- Part II Reform, 1827-1837 -- 4. The Imperial Justice of the Peace -- 5. Judicial Personnel: The Justice of the Peace -- 6. The World of the Justice of the Peace -- 7. Legal Codes and the Jury System -- Part III. Reaction and the Counterreform, 1837-1871 -- 8. Reactionary Thought and Brazilian Society -- 9. Justice, Police, and Patronage, 1834-1841 -- 10. The Politics of Justice, 1841-1871 -- Conclusion -- Notes -- Bibliography -- Index
Summary: In nineteenth-century Brazil the power of the courts rivaled that of the central government, bringing to it during its first half century of independence a stability unique in Latin America. Thomas Flory analyzes the Brazilian lower-court system, where the private interests of society and the public interests of the state intersected. Justices of the peace—lay judges elected at the parish level—played a special role in the early years of independence, for the post represented the triumph of Brazilian liberalism’s commitment to localism and decentralization. However, as Flory shows by tracing the social history and performance of parish judges, the institution actually intensified conflict within parishes to the point of destabilizing the local regime and proved to be so independent of national interests that it all but destroyed the state. By the 1840s the powers of the office were passed to state appointees, particularly the district judges. Flory recognizes these professional magistrates as a new elite who served as brokers between the state and the poorly articulated landowner elite, and his account of their rise reveals the mechanisms of state integration. In focusing on the judiciary, Flory has isolated a crucial aspect of Brazil’s early history, one with broad implications for the study of nineteenth-century Latin America as a whole. He combines social, intellectual, and political perspectives—as well as national-level discussion with scrutiny of parish-level implementation—and so makes sense of a complicated, little-studied period. The study clearly shows the progression of Brazilian social thought from a serene liberal faith in the people as a nation to an abiding, very modern distrust of that nation as a threat to the state.
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Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9781477305935

Frontmatter -- Contents -- Preface -- Acknowledgments -- Part I. Brazilian Liberalism and Justice in the Independence Period, 1808-1831 -- 1. Introduction: Liberalism in a Time of Transition -- 2. Reformist Thought and Brazilian Society -- 3. The Judicial Legacy -- Part II Reform, 1827-1837 -- 4. The Imperial Justice of the Peace -- 5. Judicial Personnel: The Justice of the Peace -- 6. The World of the Justice of the Peace -- 7. Legal Codes and the Jury System -- Part III. Reaction and the Counterreform, 1837-1871 -- 8. Reactionary Thought and Brazilian Society -- 9. Justice, Police, and Patronage, 1834-1841 -- 10. The Politics of Justice, 1841-1871 -- Conclusion -- Notes -- Bibliography -- Index

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http://purl.org/coar/access_right/c_16ec

In nineteenth-century Brazil the power of the courts rivaled that of the central government, bringing to it during its first half century of independence a stability unique in Latin America. Thomas Flory analyzes the Brazilian lower-court system, where the private interests of society and the public interests of the state intersected. Justices of the peace—lay judges elected at the parish level—played a special role in the early years of independence, for the post represented the triumph of Brazilian liberalism’s commitment to localism and decentralization. However, as Flory shows by tracing the social history and performance of parish judges, the institution actually intensified conflict within parishes to the point of destabilizing the local regime and proved to be so independent of national interests that it all but destroyed the state. By the 1840s the powers of the office were passed to state appointees, particularly the district judges. Flory recognizes these professional magistrates as a new elite who served as brokers between the state and the poorly articulated landowner elite, and his account of their rise reveals the mechanisms of state integration. In focusing on the judiciary, Flory has isolated a crucial aspect of Brazil’s early history, one with broad implications for the study of nineteenth-century Latin America as a whole. He combines social, intellectual, and political perspectives—as well as national-level discussion with scrutiny of parish-level implementation—and so makes sense of a complicated, little-studied period. The study clearly shows the progression of Brazilian social thought from a serene liberal faith in the people as a nation to an abiding, very modern distrust of that nation as a threat to the state.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 26. Apr 2022)