LaLaw

How the Code Napoleon makes Louisiana law different

Louisiana law is different than all the other 49 states. We have something in Louisiana called the Napoleonic Code.

Our system of law in Louisiana has its origins with a short French emperor. To give Bonaparte the credit he deserves, he was not only a brilliant general, he was a brilliant administrator. To be able to govern an empire, he understood a uniform system of law had to be in place. He therefore took existing law, which was largely based on ancient Roman law, and codified it. That is, he put all the law into writing so it could be understood by everyone.

So how are the other forty-nine states different? They all have laws based on English common law. The common law is a system of law that is 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.

The Code Napoleon takes the civilian law approach. 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.