That Funny Louisiana Law

It's the question I get most often from colleagues outside of Louisiana: "What's the deal with that whole Napoleonic Code thing in Louisiana?" And it's sad that it's so misunderstood and that people (especially lawyers, but even lay people) from outside of Louisiana think it's just another example of how backwards Louisiana can be.

Actually little could be farther from the truth.

On the one hand, I hope Professor Palmer and Professor Yiannopoulos read this and (even almost 10 years later) realize they got through to at least one student. But on the other hand, I hope they don't read it and find I totally missed the point. Oh well.

The main difference between Louisiana's civilian law and the common law found elsewhere in the US, at least in theory, is that Louisiana's civilian law is codified into one fairly compact volume. So, again in theory, it's possible for Louisiana citizens to grab a copy of the Civil Code and "possess the means of acquiring a knowledge of his civil rights" as Governor Claiborne told the Territorial Legislature in 1808.

That position is expanded by Col. John H. Tucker, Jr. in the Foreword to the current edition of the Civil Code. "It is the most important book [in a Louisiana lawyer's library] because it ushers you into society as a member of your parents' family and regulates your life until you reach maturity. It then prescribes the rules for the establishment of your own family by marriage and having children, and for the disposition of your estate when you die, either by law or by testament subject to law. It tells how you can acquire, own, use and dispose of property onerously or gratuitously. It provides the rules for most of the special contracts necessary for the conduct of nearly all of your relations with your fellowman: sales, loans (with or without security), leases, usufructs and servitudes; and, finally, all of the rights and obligations governing your relations with your neighbor and fellowman generally."

Louisiana's Civil Code is also rooted in ancient Roman law. An excellent example of this is found in Article 185 of the Civil Code that establishes the presumption of the paternity of the husband of the mother.

The main difference between Louisiana's civilian tradition and the common law tradition elsewhere in the US is that the civilian tradition requires deductive reasoning -- that is, starting with a general principle and expanding to a specific case. Louisiana's general negligence statute  is probably the best example of this difference.

Damn. Did I geek out enough for you?

Definitely time to float.