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The National Archives (Kew) contain a small trove of court records from the province of East Florida. These records indicate at least eight separate courts were in operation during the British period from 1763 to 1784. Until now, these legal papers were thought to have been lost or destroyed. They reveal an unexplored world of British and colonial American legal history. St Augustine, East Florida, was a southern colonial legal hub in the British Empire before, during, and after North American independence. This chapter examines the judges of the province and their links to Scotland, England, and British colonies to the north of the province. Allocation of legal positions in East Florida reflected extant Scottish and English networks and connections found throughout the Empire.
French jurist Léon Duguit (1859–1928) was a theorist of the modern state and its relationship to law. His work on the nature of property and ownership, defining them as social functions, was an important step towards dismantling the conceptual wall between public and private law. He sought to apply sociological and scientific analysis to his study of law and the state. This chapter explores Duguit’s thought with particular reference to Roman Catholicism as a deeply embedded aspect of French culture. While little of his work expressly invokes Christianity, his turns towards solidarity and public service in the area of public law and his development of the social function of property in the area of private law reveal a level of concordance with Roman Catholic thought in late nineteenth- and early twentieth-century France. The Church and Christianity presented themselves to Duguit as social and political phenomena to be recognized, respected, observed, and theorized. As a good lay sociologist of law, Duguit considered the Church in his work and throughout his life.
Latin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present, focusing on the Constitution of Cádiz, a foundational document in Latin American constitutionalism. Although drafted in Spain, it was applied in many regions of Latin America, and deputies from America formed a significant part of the drafting body. The politicization of constitutionalism reflected in Latin America's first moments proved to be a lasting legacy evident in the legal and constitutional world of the region today: many of Latin America's present challenges to establishing effective constitutionalism can be traced to the debates, ideas, structures, and assumptions of this text. This book explores the region's attempts to create effective constitutional texts and regimes in light of an established practice of linking constitutions to political goals and places important constitutional thinkers and regional constitutions, such as the Mexican Constitution of 1917, into their legal and historical context.