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Legal Transplants: Slavery and the Civil Law in Louisiana


Ariela Julie Gross


University of Southern California Law School

May 12, 2009

USC Law Legal Studies Paper No. 09-16

Abstract:     
Can Louisiana tell us something about civil law vs. common law regimes of slavery? What can the Louisiana experience tell us about a civil law jurisdiction "transplanted" in a common-law country? Louisiana is unique among American states in having been governed first by France, then by Spain, before becoming a U.S. territory and state in the nineteenth century. Unlike other slave states, it operated under a civil code, first the Digest of 1808, and then the Code of 1825. With regard to the regulation of slaves, these codes also incorporated a "Black Code," first adopted in 1806, which owed a great deal to both French and Spanish law. Comparisons of Louisiana with other slave states tend to emphasize the uniqueness of New Orleans' three-tier caste system, with a significant population of gens de couleur libre (free people of color), and the ameliorative influence of Spanish law. This reflects more general assumptions about comparative race and slavery in the Americas, based on the work of Frank Tannenbaum and other historians of an earlier generation, who drew sharp contrasts between slavery in British and Spanish America. How does the comparison shift if we turn our attention away from slave codes, where Tannenbaum focused, to the "law in action"? At the local level, one can see the way slaves took advantage of the gap between rules and enforcement, and to fathom racial meanings at the level of day-to-day interactions rather than comparisions of formal rules. This essay surveys three areas of law involving slaves - manumission, racial identity, and "redhibition" (breach of warranty) - to compare Louisiana to other jurisdictions, and particularly to its common-law neighbors.

Number of Pages in PDF File: 36

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Date posted: May 18, 2009  

Suggested Citation

Gross, Ariela Julie, Legal Transplants: Slavery and the Civil Law in Louisiana (May 12, 2009). USC Law Legal Studies Paper No. 09-16. Available at SSRN: http://ssrn.com/abstract=1403422 or http://dx.doi.org/10.2139/ssrn.1403422

Contact Information

Ariela Julie Gross (Contact Author)
University of Southern California Law School ( email )
699 Exposition Boulevard
Los Angeles, CA 90089
United States
213-740-4793 (Phone)
213-740-5502 (Fax)

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