“… The common feature herein singled out and made the general background of this Article is the style in which these statements – whether from the XII Tables, Gaius’ Commentary, or the Louisiana Civil Code – are couched. It is a style loaded with legal implications that we attempt to identify and explain in Part I. In Part II, we will look, with some detail, into an important implication that will be referred to as ‘legal characterization’ or ‘legal qualification’. We will attempt, as far as possible, to illustrate the relevance of the implication of legal characterization: first, by making a scrupulous analysis of one Civil Code article and some court decisions; second, by explaining why we consider the Code article in question to be either well written or poorly written and the court decisions either ‘good’ or ‘bad’ examples of the use of legal characterization as a civilian method of reasoning …”
Alain A Levasseur, The Louisiana Civil Code: A Vademecum, 82 Louisiana Law Review (2022).
First posted 2022-06-29 07:45:15
Leave a Reply