Why Is United States Not Strictly Common Law Country

The United States is widely considered a common law country, but strictly speaking, it has a mixed legal system because the State of Louisiana is not a common law jurisdiction. There are 51 jurisdictions in the United States, and the legal system of Louisiana is based on the civil law tradition.

The legal system of Louisiana has its roots in the French and Spanish colonial periods. When France and Spain governed Louisiana, they implemented their own legal traditions, which were based on civil law.

After the Louisiana Purchase in 1803, Louisiana retained many aspects of its existing legal system, which was heavily influenced by the Napoleonic Code. The Napoleonic Code is a comprehensive set of civil laws that served as the foundation for Louisiana's legal framework.

Civil law systems are characterised by comprehensive codification of laws. The Civil Code of Louisiana organises and systematically presents laws in various areas such as property, contracts, and family law. This contrasts with the common law system, which relies heavily on judicial decisions and case law.

In civil law jurisdictions, judicial decisions are not as significant as in common law systems. While Louisiana courts do refer to previous decisions, they do so less frequently and with less binding authority compared to common law jurisdictions, where precedent plays a critical role.

Legal education and practice in Louisiana emphasise civil law principles. Lawyers and judges in Louisiana are trained in the civil law tradition. Therefore, it is more challenging for lawyers qualified in Louisiana to requalify in common law jurisdictions.

Despite these differences, it is worth noting that the legal system of Louisiana has incorporated some aspects of common law over time, particularly in areas not specifically covered by the Civil Code. However, the foundation and primary structure of its legal system remain rooted in civil law.