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The Louisiana State Law Institute

The Louisiana State Law Institute Comments Laws like faces grow old. Some age gracefully, adjusting almost impercep­ tibly to their new wrinkles. Others change so ungracefully that not even the most elastic fiction or the cosmetician's art can avoid maladjustment. The problem has always been: how can yesterday's laws be kept abreast of today and ready to serve tomorrow adequately? The answer, at least in part, has nowhere been better expressed than by Maitland's reminder that "to-day we study the day before yesterday in order tha t yesterday may not paralyse to-day and to-day may not paralyse tomorrow." But how is this study to be carried forward most effectively? Louisiana has been working at the problem for almost fifteen years through the medium of a Law Institute, and her experience may hold some lessons for other jurisdictions. Louisiana, unlike her sister states, began and continued her existence as a jurisdiction in which civil law ideas and concepts were dominant even if they did not pass unchallenged. Among other things, this meant a written law, which took the form of a Civil Code and a Code of Practice adopted in 1825^ These codes were modelled on their French prototypes, but they also contained ideas taken http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The Louisiana State Law Institute

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Publisher
Oxford University Press
Copyright
© 1955 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/837046
Publisher site
See Article on Publisher Site

Abstract

Comments Laws like faces grow old. Some age gracefully, adjusting almost impercep­ tibly to their new wrinkles. Others change so ungracefully that not even the most elastic fiction or the cosmetician's art can avoid maladjustment. The problem has always been: how can yesterday's laws be kept abreast of today and ready to serve tomorrow adequately? The answer, at least in part, has nowhere been better expressed than by Maitland's reminder that "to-day we study the day before yesterday in order tha t yesterday may not paralyse to-day and to-day may not paralyse tomorrow." But how is this study to be carried forward most effectively? Louisiana has been working at the problem for almost fifteen years through the medium of a Law Institute, and her experience may hold some lessons for other jurisdictions. Louisiana, unlike her sister states, began and continued her existence as a jurisdiction in which civil law ideas and concepts were dominant even if they did not pass unchallenged. Among other things, this meant a written law, which took the form of a Civil Code and a Code of Practice adopted in 1825^ These codes were modelled on their French prototypes, but they also contained ideas taken

Journal

American Journal of Comparative Law – Oxford University Press

Published: Jan 1, 1955

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