Louisiana's Unique Legal System: The Napoleonic Code
Louisiana stands alone among U.S. states in adopting the Napoleonic Code, a civil law system. Elsewhere, the common law, also known as case law or precedent, prevails. This system, rooted in English law, ensures consistency and fairness in legal application.
Common law, recognised in 49 out of 50 states and at the federal level, relies on judges applying principles and rulings from previous cases. This principle-based approach contrasts with statutory law, created by legislatures and consisting of written statutes.
The U.S. legal system is founded on the combination of these two. While statutory law can override common law, in its absence, common law principles take precedence. This system has evolved gradually from court decisions since its introduction by early British colonists in the 17th and 18th centuries.
The common law system, dominant in the U.S., provides a consistent and fair framework for legal decision-making. Its principle-based approach, relying on judicial precedents, ensures a stable and predictable legal environment.
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