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Louisiana Law

Also Known As Louisiana Civil Law

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Louisiana is the one American state whose private law descends from the civil law tradition rather than English common law. After Louisiana passed from Spanish colonial rule into the United States, the territorial legislature commissioned Louis Moreau-Lislet and James Brown in 1806 to compile existing law into A Digest of the Civil Laws Now in Force in the Territory of Orleans, promulgated in 1808. Once the 1817 Louisiana Supreme Court decision in Cottin v. Cottin undermined the 1808 Digest, the legislature in 1822 commissioned Moreau-Lislet, Edward Livingston and Pierre Derbigny to revise it; their Projet was approved in 1824 and promulgated as the Louisiana Civil Code of 1825. The drafters followed the 1804 French Code Civil closely while retaining Spanish colonial concepts where they judged them worth keeping, and Article 3521 of the new Code repealed the prior Spanish, Roman and French law wholesale, an all-inclusive break with what came before. The Code was drafted in French and translated into English, and because the English translation carried errors, the French text remained the authoritative one. Louisiana private law continues to sit inside an otherwise common law American legal and procedural system.

Facts
Origin Year
1825 1
Example Jurisdictions
Louisiana, United States, for private law; the state otherwise operates within the American common law system for criminal and public law. 1
Primary Source of Law
The Louisiana Civil Code, revised in 1825 from French, Spanish and Roman colonial sources and modeled closely on the 1804 French Code Civil, applied within an otherwise American common law procedural system. 1
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The State Where the Code Civil Never Left

This article records tradition as it has been passed down and reported. Its sources are not yet part of the atlas's verified catalogue.

Every other American state traces its private law back to England. Louisiana traces its back to Paris, and to Madrid before that, and the accident of timing is the whole explanation. Louisiana was a Spanish and then a French colonial possession until the United States bought it in 1803, and its settlers had never lived under English common law for a single day before statehood. When the territorial legislature needed a civil code, it did not import one from a common law neighbor. It commissioned two jurists, Louis Moreau-Lislet and James Brown, who in 1808 produced A Digest of the Civil Laws Now in Force in the Territory of Orleans, built on the law already governing the territory. A Louisiana Supreme Court ruling in 1817, Cottin v. Cottin, exposed gaps in that Digest, so in 1822 the legislature commissioned three jurists, Moreau-Lislet again, joined by Edward Livingston and Pierre Derbigny, to revise it properly. Their revision, approved in 1824 and promulgated as the Louisiana Civil Code of 1825, followed the 1804 French Code Civil closely enough that a comparative lawyer can trace articles between the two almost line for line, while keeping Spanish colonial concepts the drafters judged worth preserving. Article 3521 of the new Code did something almost no other code in American history has done: it repealed the entire prior body of Spanish, Roman and French law in one stroke, a deliberate, total break with everything that came before it, rather than the usual codification pattern of tidying existing law into one document. The Code was written in French first and translated into English second, and because the translation carried errors, the French text, not the English one, remained the legally authoritative version for years. None of this makes Louisiana a foreign legal system operating inside American borders. Its criminal law, its constitutional law, its procedure in most courts, all run on the same common law footing as the other forty-nine states, because those bodies of law were never part of what the 1825 Code covered. What survived, and still governs contracts, property, family law and succession in Louisiana today, is specifically the private law inheritance: proof that a legal tradition can outlive the flags that flew over the territory it was written for, so long as the people applying it keep choosing to.

Cross-Tradition Connections

In Legal System

Named as one of the mixed-systems family, among its own worked examples (private law inherited from French rule within an otherwise common law nation).

Includes

Sources
1. The Louisiana Civil Code of 1825 (Louisiana Supreme Court Law Library)
Louisiana Supreme Court Law LibraryLouisiana Supreme Court Law Library research guide, 1825 Civil Code, Origins and Drafters sections
Quote, Louisiana Supreme Court Law Library research guide, 1825 Civil Code, Origins and Drafters sections
an all-inclusive piece of legislation meant to break with the past
View the Source
1. The Louisiana Civil Code of 1825 (Louisiana Supreme Court Law Library)
Louisiana Supreme Court Law LibraryLouisiana Supreme Court Law Library research guide, 1825 Civil Code, Drafters and Revision sectionView the Source
1. The Louisiana Civil Code of 1825 (Louisiana Supreme Court Law Library)
Louisiana Supreme Court Law LibraryIncludes: Louis Moreau-LisletView the Source
1. The Louisiana Civil Code of 1825 (Louisiana Supreme Court Law Library)
Louisiana Supreme Court Law LibraryIncludes: Louisiana Civil CodeView the Source
JuriGlobe: Classification of Legal Systems (University of Ottawa)
University of Ottawa, Faculty of LawJuriGlobe, Classification of legal systems, Introductory Remarks
Quote, JuriGlobe, Classification of legal systems, Introductory Remarks
not to a single system but to a combination of systems
View the Source
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