Opening the Barbarians Gate or Watching the Barbarians from the Coliseum: A Requiem on the Nomos of the Louisiana Civil Law
Comparative Law tends to focus on the differences and similarities present in different legal systems. Such analysis has led some to conclude that a third legal system has appeared in the West and in particular in Louisiana. The idea of a mixed jurisdiction, they claim, combines certain elements of Civil law and Common law into a hybrid system. This article challenges the supposition that a legal system’s core identity can be of a mixed nature. Rather, this article suggests that the proper way a legal system should be viewed is through its normative values as depicted in the narratives the system spawns – a Nomos that directs the purveyors of the system towards the sources and identity that the system enchants. Focusing primarily on Louisiana, Part I of this article describes three normative elements that narratives tell about the Louisiana civil law: its frenchness, its distinctiveness, and its dependency on a Code. Part II then tells two narratives that demonstrate how these narratives are revealed, even when they are not completely accurate. Part III challenges the readers to inhabit the nomos.
State and Local Government Law
Date of this Version
Marc L. Roark, "Opening the Barbarians Gate or Watching the Barbarians from the Coliseum: A Requiem on the Nomos of the Louisiana Civil Law" (May 4, 2006). bepress Legal Series. bepress Legal Series.Working Paper 1325.