Civil Code of the State of Louisiana PDF Download
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Author: Louisiana
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 640
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Author: Louisiana
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 640
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Book Description
Author: Vernon Valentine Palmer
Publisher: University of Georgia Press
ISBN: 0820358320
Category : Law
Languages : en
Pages : 158
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Book Description
In 1808 the legislature of the Louisiana territory appointed two men to translate the Digest of the Laws in Force in the Territory of Orleans (or, as it was called at the time, simply the Code) from the original French into English. Those officials, however, did not reveal who received the commission, and the translators never identified themselves. Indeed, the “translators of 1808” guarded their secret so well that their identities have remained unknown for more than two hundred years. Their names, personalities, careers, and credentials, indeed everything about them, have been a missing chapter in Louisiana legal history. In this volume, Vernon Valentine Palmer, through painstaking research, uncovers the identity of the translators, presents their life stories, and evaluates their translation in the context of the birth of civil law in Louisiana. One consequence of the translators' previous anonymity has been that the translation itself has never been fully examined before this study. To be sure, the translation has been criticized and specific errors have been pointed out, but Palmer's study is the first general evaluation that considers the translation's goals, the Louisiana context, its merits and demerits, its innovations, failures, and successes. It thus allows us to understand how much and in what ways the translators affected the future course of Louisiana law. The Lost Translators, through painstaking research, uncovers the identity of the translators, presents their life stories, and evaluates their translation in the context of the birth of civil law in Louisiana.
Author: Vernon V. Palmer
Publisher: Lawbook Exchange, Limited
ISBN: 9781616193263
Category : Law
Languages : en
Pages : 0
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Book Description
A path-breaking and masterly study of Louisiana slave law, this fascinating study offers an examination of the complex French, Spanish, Roman and American heritage of Louisiana's law of slavery and its codification, a profile of the first effort in modern history to integrate slavery into a European-style civil code, the 1808 Digest of Orleans, a trailblazing study of the unwritten laws of slavery and the legal impact of customs and practices developing outside of the Codes, an analysis that overturns the previous scholarly view that Roman law was the model for the Code Noir of 1685, a new unabridged translation (by Palmer) of the Code Noir of 1724 with the original French text on facing pages. "A very useful addition to the growing literature on the law of slavery, this book is particularly important in helping understand the complexity of the Louisiana Code Noir and its impact on American slave law. Palmer's discussion of how the Code came to be written will surprise and educate those who read this book. " --Paul Finkelman, John Hope Franklin Visiting Professor of American Legal History Duke University School of Law and President William McKinley Distinguished Professor of Law, Albany Law School "When it comes to demystifying slave law in Louisiana, Vernon Palmer is practically peerless. It's probably because he is equally comfortable in the weeds of lived experience as he is poring over the pages of classical learning. These masterful essays on the Code Noir's origins, plus Louisiana's 150-year interplay between custom and legal practice, belong on the shelf of anyone with the faintest curiosity about human bondage and the laws fashioned to make it work." --Lawrence N. Powell, Professor Emeritus, Department of History, Tulane University "Slavery remains a current social and political problem, and Vernon Palmer s brilliant work illuminates its history, showing its legal and social complexity through a study primarily of Louisiana, where slavery was included in the first civil codes. Beautifully written, humane and insightful, this monograph will promote reflection on the fascinating legal history of Louisiana as well as on the famous Tannenbaum thesis." --John W. Cairns, FRSE, Chair of Legal History, University of Edinburgh "Palmer has written a path-breaking and splendid account of how Louisianians, newly under American rule, wrote the first modern codes that incorporated slavery in a systematic way into their civil law. Until now, ignored by scholars, these codifications moved slavery from the edges of the legal system to the very center stage in Louisiana courtrooms. The redactors of these codes implanted provisions about slavery into the law of persons, property, successions, sales and prescription, producing a unique Atlantic World slave law of incomparable richness and complexity unseen in other legal systems." --Judith Kelleher Schafer author of Slavery, the Civil Law and the Supreme Court of Louisiana and Becoming Free, Remaining Free: Manumission and Enslavement in New Orleans, 1846-1862
Author: David J. Bederman
Publisher: Cambridge University Press
ISBN: 1139493663
Category : Law
Languages : en
Pages :
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Book Description
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
Author: Marcel Planiol
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages :
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Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 446
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Book Description
Vols. 1-3 include section "Condensed reports of selected cases in Louisiana Courts of Appeal."
Author: Thomas Jenkins Semmes
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 50
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Author: Andrew Fede
Publisher: University of Georgia Press
ISBN: 0820351121
Category : Biography & Autobiography
Languages : en
Pages : 362
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Book Description
This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners' families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws con-sistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.
Author: Richard Holcombe Kilbourne
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 202
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Author: Vernon V. Palmer
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 310
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Book Description
