1. Louisiana and the Common Law: Le Jour de Gloire, Est-Il Passé?
- Author
-
Gordley, James
- Subjects
- *
LITERATURE & state , *HISTORY of common law , *HISTORY of civil law , *INFLUENCE of Roman law , *CONTRACTS , *TORTS , *WRITS , *APPELLATE courts ,LOUISIANA state politics & government, 1803-1865 - Abstract
The article focuses on the factors that influenced the development of common law in Louisiana in the early 19th century. It notes that the Louisiana Supreme Court referred to the Civil Code for guidance, despite of principles and laws itself not coinciding sometimes. It mentions that the Louisiana Civil Code' torts and contracts were greatly influenced by Roman rules. Apart from this, the Civil Code centers on the principle of compensation regardless of intentionality and negligence. The common law, on the other hand, were influenced by writs or forms of action. Despite the difference, the common law have borrowed some of the principles in the civil law.
- Published
- 2009