Keywords
Civil Law, Digest of 1808, Civil Code of 1825, Civil Code of 1870, Code Revision, Abrogation, Natural Law
Abstract
This article presents a historical survey of the codification of Louisiana civil law from a dynamic perspective, aiming to identify why a digest was preferred over a code, only to be replaced by a code intended to be a better digest. Although attempts to codify Louisiana civil law reconnected it with French sources and methodology after the Spanish period and the United States' purchase, the local legal community resisted the force of codification. The abrogation of the ancient laws, a multilingual ius commune with which judges and lawyers were familiar, generated anxiety in a conservative and educated community. Additionally, a natural law perspective has prevailed over a positivistic attitude long after the adoption of the codes and remains relevant to this day. Louisiana develops its Civil Code in an organic manner. Code revision does not necessarily change the law; judges and scholars accept that there is continuity rather than implied repeal
Unlike the French, who view their code as an expression of positive law, many Louisiana judges tend to approach their Civil Code as a form of soft law. While intrinsic and extrinsic forces interact to weaken or strengthen the civil law tradition in Louisiana, the Civil Code remains conditioned by a unique genesis that makes it less energetic than in other jurisdictions, especially as it develops in a predominantly common law culture and, like everywhere, faces an inflation of detailed, specialized statutes. While Louisiana now has a wealth of resources to feed its civil law tradition, the concept of code faces new challenges in the digital age, with the vanishing perception that it is meant to be a coherent corpus.
Repository Citation
Olivier Moréteau,
The Dynamics of the Louisiana Civil Codes,
17 J. Civ. L. Stud.
(2025)
Available at: https://digitalcommons.law.lsu.edu/jcls/vol17/iss1/5