A Law unto Itself? Essays in the New Louisiana Legal History.Edited by Warren M. Billings and Mark F. Fernandez. (Baton Rouge: Louisiana State University Press This article needs sources or references that appear in reliable, third-party publications. Alone, primary sources and sources affiliated with the subject of this article are not sufficient for an accurate encyclopedia article. , 2001. Pp. xvi, 224. $34.95, ISBN ISBN abbr. International Standard Book Number ISBN International Standard Book Number ISBN n abbr (= International Standard Book Number) → ISBN m 0-8071-2583-0.) Primary documents are the building blocks of history, and new documents present the opportunity for new histories to be crafted. This truism of historical scholarship is demonstrated in Louisiana, where a unique relationship has developed between the Supreme Court of Louisiana CODE, OF LOUISIANA. In 1822, Peter Derbigny, Edward Livingston, and Moreau Lislet, were selected by the legislature to revise and amend the civil code, and to add to it such laws still in force as were not included therein. and the University of New Orleans History UNO was founded in 1958 as the New Orleans branch of Louisiana State University, originally as "Louisiana State University in New Orleans" or "LSUNO", but became more independent and changed the name to "University of New Orleans" in 1974. . In order to preserve the nineteenth- and early-twentieth-century records of the numerous courts that held sessions in New Orleans, the state supreme court agreed to allow its treasure trove TREASURE TROVE. Found treasure. 2. This name is given to such money or coin, gold, silver, plate, or bullion, which having been hidden or concealed in the earth or other private place, so long that its owner is unknown, has been discovered by accident. of documents to be housed and preserved at the university. Organized and opened to scholars--in particular, Warren M. Billings, Distinguished Professor of History at the University of New Orleans and official historian of the Supreme Court of Louisiana, and his numerous students--it is now possible for a "new Louisiana legal history" to be written. A Law unto Itself? begins this process by presenting some of the latest research being done on the distinctive legal history of the state. Showcasing the variety of studies that can be produced from such state legal history records, this volume is not formally a festschrift fest·schrift n. pl. fest·schrif·ten or fest·schrifts A volume of learned articles or essays by colleagues and admirers, serving as a tribute or memorial especially to a scholar. for Billings, but it certainly is a tribute to his influence in guiding and mentoring the latest generation of Louisiana legal historians. Presenting the best current work in the field, these students of Louisiana's legal history suggest that it should be understood not as a separate and sui generis [Latin, Of its own kind or class.] That which is the only one of its kind. sui generis (sooh-ee jen-ur-iss) n. Latin for one of a kind, unique. anomaly in the South and the nation but rather as a variation of larger themes and trends in southern and legal history. Without denying the distinctiveness of the Louisiana legal tradition, these articles explore the connections that bind the state's legal history to the South and the nation. Setting the stage for these related articles is co-editor Mark F. Fernandez's introduction, "Louisiana Legal History: Past, Present, and Future," which surveys the historiographical field and highlights avenues for future work. The nine articles that follow Fernandez's introduction are divided into three subject areas: "Books and the Law," "Judges and Courts," and "Law and Society." Law is a discipline of books, and what lawyers and judges Alexis de Tocqueville, 1835 Alexis de Tocqueville, a French political scientist, historian, and politician, is best known for Democracy in America (1835). A believer in democracy, he was concerned about the concentration of power in the hands of a centralized government. have read and written about the law helps historians understand the mentalite of the bench and bar in nineteenth-century Louisiana. This nice series of articles by Billings, Florence M. Jumonville, and Carla Downer down·er n. A depressant or sedative drug, such as a barbiturate or tranquilizer. Pritchett fleshes out an important and understudied aspect of Louisiana's legal history. In the second section Fernandez, Sheridan E. Young, and Thomas W. Helis explore the staffing and institutional development of Louisiana's courts. Young's article on the short-lived but important Court of Errors and Appeals (1843-46) is particularly useful for its arguments regarding criminal procedure and cultural values. In the last section, "Law and Society," the influence of social history can be assessed. Judith Kelleher Schafer explores the tenuousness of emancipation in New Orleans during the years 1855-57. Kathryn Page analyzes the intersection of women's roles, cultural expectations, and the law, while Ellen Holmes Pearson interprets the contested area of the "imperfect equality" of the free people of color In the history of slavery in the Americas, a free person of color was a person of full or partial African descent who was not enslaved. In the United States, such persons were referred to as "free negroes," though many were, in fact, mulattos. in New Orleans from 1803 to 1860. A major contribution to Louisiana legal history and thereby to the legal history of the South, this volume demonstrates the fruitful and rich possibilities of state legal history studies. Every specialist in southern legal history will profit from one or more of these efforts, and this volume ought to find a place in every research and law library. THOMAS C. MACKEY University of Louisville |
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