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

Author:   Thomas Flory
Publisher:   University of Texas Press
Volume:   53
ISBN:  

9781477305928


Pages:   284
Publication Date:   01 March 1981
Format:   Paperback
Availability:   In Print   Availability explained
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Judge and Jury in Imperial Brazil, 1808–1871: Social Control and Political Stability in the New State


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Overview

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.

Full Product Details

Author:   Thomas Flory
Publisher:   University of Texas Press
Imprint:   University of Texas Press
Volume:   53
Dimensions:   Width: 15.20cm , Height: 1.60cm , Length: 22.90cm
Weight:   0.454kg
ISBN:  

9781477305928


ISBN 10:   1477305920
Pages:   284
Publication Date:   01 March 1981
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

PrefaceAcknowledgmentsPart 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 LegacyPart 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 SystemPart III. Reaction and the Counterreform, 1837-1871 8. Reactionary Thought and Brazilian Society 9. Justice, Police, and Patronage, 1834-184110. The Politics of Justice, 1841-1871ConclusionNotesBibliographyIndex

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Author Information

Thomas Flory received his PhD in history from the Univeristy of Texas at Austin. He has taught Latin American history at several universities.

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