In the United States, almost every state follows a legal system derived from British Common Law. That is, they follow a system of laws based (at least loosely) on customs and court decisions, most of which draw influence from the collection of documents comprising the Constitution of the United Kingdom (such as the Magna Carta). In Louisiana, however, this is not the standard; instead, the Bayou State uses a legal system derivative of civil law. But what are the origins of this legal system?
Origins
Believe it or not, the origins of Civil Law come from Napoleon Bonaparte. Although best known for his Empire-building wars across Europe, “Bonaparte’s Revolution” extended far beyond the conquering of neighboring nations. During the early years of his rule, Napoleon saw a need to unify France under one system of law. Previously, the system had been a collection of local customs, royal exemptions, and feudal influences.
The development of the Napoleonic Code was significantly influenced by the Enlightenment, which spread new ideas about personal rights and liberties across Europe. This is reflected in the Code’s special attention to property rights and the detailed relationship between government and constituents.
Civil Law vs Common Law
The key distinction between common law and civil law is the availability of concrete rules. In civil law, the codes (laws) by which one must adhere are clearly laid out and applied equally. In a common law system, the country’s system relies instead on the interpretation of laws by the judiciary and precedents that it sets. This distinction is what contributed to the variety of French legal constructs prior to Napoleon.
Laïcité and Égalité
The modern French principle of laïcité (a principle of state secularism) and its foundational belief in equality before the law can both be traced back to the Napoleonic Code. Within the code, Napoleon establishes civil liberties for all citizens of the Empire. The newly minted legal system also established a standardized court system with judges appointed by the national government. The Code also dismantled the tradition of primogeniture – the practice in which the eldest son inherits everything – in favor of equal division amongst all heirs.
Slavery & Patriarchy
While the Napoleonic Code made significant advancements in personal rights, it did have some notable reservations. Notably, the Code reestablished slavery in French colonies, an act that overwrote Robespierre’s abolition act during the Reign of Terror. The Code also rolled back some gender equality rights, including the right of women to initiate divorce processes except in very specific circumstances.
Napoleonic Code in Louisiana and Beyond
The most often cited example of Napoleonic influence in the modern world is the Civil Law system of Louisiana referenced at the beginning of this blog. In reality, the civil law of Louisiana is not entirely a replica of the Napoleonic Code, which came about a year after the Louisiana Purchase. Regardless, its adherence to civil law remains an interesting case, given that Napoleon did have at least some influence in the final years of Louisiana as a French colony.
Outside of Louisiana, there are countless examples of nations where the Napoleonic Code formed the basis of their modern legal systems: Italy, Germany, Switzerland, Belgium, Côte d’Ivoire, Algeria, and Sénégal, just to name a few. There is some form of civil law in all these countries' national legal systems.
The power of the Napoleonic Code cannot be overstated. Beyond standardizing a system of law in the young French nation, it has had long-lasting impacts across the Francophone world and Europe. It made laws clearer, more accessible, and equally applicable to all citizens. Yet, we often don’t recognize its influences, nor do we remember its (perhaps infamous) creator.
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