The Napoleonic Code

I'm struggling to find something about Louisiana law that would be blogworthy on a site about Arkansas politics. That's not to say that these seminars down here in New Orleans haven't been entertaining -- there are some world-class lawyers telling war stories from the 5th Circuit all the way to the St. Martin Parish District Court (by the way, ever heard of a county or parish that's not contiguous?).

As you probably know, Louisiana law is derived from the Code Napoléon, which is based on civilian law rather than the English common law. Civilian law is based on scholarly research and the drafting of legal code which is passed into law by the legislative branch. It is then the judge's job to interpret that intent more than to follow judicial precedent. In other words, a judge in Louisiana decides a case based on his or her own interpretation of the code and not those of prior courts. The other forty-nine states use a system of English common law based on court precedent. Laws and statutes are interpreted, and the ruling of one judge may influence or even control the ruling of another judge.

Is there really that much practical difference? Not anymore, and the differences are continuing to erode. Louisiana judges have the benefit of 195 years of case history, even if case law isn't used as the fundamental basis for their rulings. Similarly, judges in other states can stray from a legal precedent if they deem it grossly unjust. Further, like other Legislatures, Louisiana's codes are being revised to include uniform law to be more in step with other states (UCC, UIFSA, UCCJEA, etc.). In other areas, like real estate, successions, procedure, Louisiana has steadfastly kept concepts from the Napoleonic Code alive.