John Cairns, Codification, Transplants and History: Law Reform in Louisiana (1808) and Quebec (1866)
| Published date | 01 May 2016 |
| Date | 01 May 2016 |
| Author | |
| Pages | 244-245 |
| DOI | 10.3366/elr.2016.0351 |
Although published in 2015, this work is nearly forty years old, originally conceived as a PhD thesis. Nothing much has been changed. When viewed as the dissertation that it was, it is
In Part I, Cairns discusses the need for such a study, the methods used, and the subjects to be covered. Short introductions to Louisiana and Quebec and the legal background for the two codifications are given. Part II deals with family law and employment in the two Codes. In family law, only the relationships between husband and wife, and parent and child, are considered, but in all their aspects. A general discussion on the 1808 Digest of Orleans and the Code of Lower Canada starts Part III, which ends in a section on final conclusions on codification, law making, and legal change.
Cairns points out that the choice of Louisiana and Quebec as suitable jurisdictions to study was made because both had rich juridical cultures, were societies in transition, and, being codified, easy to study. He first resolved one ongoing debate so familiar to those who study nineteenth century Louisiana: the origins of the 1808 Code. Through this study, no doubt remains that the French rather than the Spanish are the predominant sources. In family law, the relationship between husband...
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