Monday, August 27, 2007
Civil law as I see it
There exists a big stink around the law school between the Civil law and Common law students. Common law students make their claim to fame about how the law changes so much more and that everything is based on judicial interpretation. Civil law students on the other hand complain of having to refer to the LA Civil Code jumping around from Article to Article before finally referring to judicial interpretations. Louisiana is the only state in the U.S. that uses the Civil code based on that of the Napoleonic code from the French. So basically, in Louisiana you must first find a governing Article. If one doesn't exist, then I guess you just make the crap up. Is that why this place is known for its corruption in politics? I would have figured that the Common law states would be more corrupt in the sense that it's based more on interpretation. Even though in Louisiana you must first refer to the Code, it doesn't seem to be much different than that of the Common law. In both systems, the judges tweak rules to fit the particular dispute before them. Nothing in this profession is ever a sure thing. For a lack of a better way of putting it, it's all about how you milk the gonads of a previous interpretation.
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