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Louisiana Civil Law
The law that is primarily applied in Louisiana is called the Louisiana civil law, or just the civil law. In this section we will ask: What is the Louisiana civil law? What is the history of the Louisiana civil law? What is the source of the Louisiana civil law? How does the Louisiana civil law differ from the common law? While we are not here to provide you with legal advice or opinions, we can talk about the law that applies in our state for educational or entertainment purposes.
The Louisiana civil law is studied by everyone that wants to become a lawyer in Louisiana, along with the common law. The civil law is a legal system in which general rules and guidelines are used for the court to apply in particular cases. These general rules are usually in writing (codified), but this isn't always the case. In Louisiana, our civil laws have been codified in the Louisiana Civil Code. Using the abstract rules found in the Louisiana Civil Code, judges and lawyers must work to solve particular cases and issues. Since Louisiana no longer uses the civil code alone, and its usage is confined to the private law, Louisiana is called a mixed civil law jurisdiction.
To understand the history of the Louisiana Civil Law, we must first understand the history of civil law. The history of the civil law can be traced to the Romans. The Roman law's rise to popularity lasted for some 1,000 years. Around 449 B.C. the Twelve Tablets were written in Rome, which are the earliest recorded writings in this subject that were designed to replace customary laws. The greatest achievement in Roman law came in 530 A.D. when the great Corpus Juris Civilis of Emperor Justinian were written. These legal writings sought to contain all of the private laws that should be applied to particular cases within Rome. As the Roman empire spread throughout the world, so did its civil law. Today, most of the world practices under a civil law system.
The idea of codifying the civil law in a manner which contained structure and ease of usage really didn't catch on until the 17th and 18th centuries. The primary purpose of writing all of the laws down was to make them consistent. In other words, the law being applied today in city X should be the same law that is applied tomorrow in city Y. By 1804 the French had completed their Napoleonic Code. Since Louisiana had so many ties to France, both by its Cajun settlers and the other immigrants that settled Louisiana directly from France, it wasn't long before Louisiana followed suit with the introduction of its Louisiana Civil Code in 1808. Interestingly, the original Civil Code was written in French, and then translated into English. This Louisiana Civil Code of 1808 is still used by lawyers and judges today, although it has been updated and revised on numerous occasions.
The common law has invaded and taken over much of the law in Louisiana, but the civil law is still used in many areas including property law, parts of criminal law, and family law. Simply put, the source of the law in Louisiana is the people. Its citizens elect legislators to represent them, and the legislators create the laws that are contained in the Louisiana Civil Code.
The common law is a British concept primarily. Under the common law, the general understandings of the laws are derived from particular court cases. In other words, to understand where the law generally stands on a broad issue, one must look at individual court cases in the common law to figure out what the law is. Under the Louisiana civil law, one should look to the Louisiana Civil Code for the general rules and guidelines that lawyers and judges should follow. In Louisiana, if an attorney wants to know what the general law on personal injury is, he would read the Civil Code. In a common law jurisdiction, if an attorney wants to know what the general law on personal injury is, she would read particular court decisions to come up with a broad understanding or guideline. Under the civil law, we look to our codes for the guidelines, and we start with broad understandings which leads us to particular answers. Under the common law, we look to the courts for guidelines, and we start with particulars to arrive at a general guideline.