Louisiana’s Civil Law Tradition
Louisiana’s civil law system is inspired by the continental Roman tradition rather than by English law. Louisiana law, because it bears the imprint of Roman, Spanish, and French law, forces Louisiana lawyers to conceive legal issues differently than their counterparts elsewhere in the United States. During a formative period in Louisiana’s history shortly after the Louisiana Purchase of 1803, the Orleans Territorial Legislature stubbornly resisted attempts of American authorities to replace the social vision of their civil law with common law perspectives that other states imported from England. This resistance permanently influenced the shape and substance of Louisiana’s private law, which today remains different and distinct from the rest of American law.
- The Louisiana Civil Code: A European Legacy for the United States by Shael Herman