Pierre Soulé: Advocate of Liberty

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A Law Library of Louisiana Free CLE
Co-sponsored by the Supreme Court of Louisiana Historical Society

 
Pierre Soulé:  Advocate of Liberty

Painted Portrait of Pierre Soulé

Presented by Dr. Olivier Moréteau
Thursday, April 25, 2019
11:30 a.m. – 12:30 p.m.
Courtroom, Louisiana Supreme Court, 400 Royal Street

One hour CLE

On Thursday, April 25th, the Law Library of Louisiana and the Supreme Court of Louisiana Historical Society will co-sponsor a free CLE program, Pierre Soulé: Advocate of Liberty, at the Louisiana Supreme Court. Professor Olivier Moréteau will discuss the complicated and peripatetic life of French-born Pierre Soulé (1801-1870), a New Orleans attorney and U.S. Senator from Louisiana who studied law in Paris, and was imprisoned for a time for publishing revolutionary articles. He escaped to England and made his way to the United States via Haiti, eventually settling in New Orleans in 1825. Soulé was elected to the U.S. Senate in 1849, and took an appointment as U.S. Minister to Spain in 1853. He drafted the controversial Ostend Manifesto in his ministerial role, for which he was roundly criticized. Soulé resumed the practice of law in New Orleans after the controversy. Though opposed to secession, he abided by the decision of his state. He was arrested and imprisoned in Fort Lafayette, New York upon the Union capture of New Orleans. When he was paroled, Soulé fled to Boston, and then to the Bahamas. He travelled to Richmond, Virginia, to aid the Confederacy, and moved to Havana after the war. Soulé eventually returned to New Orleans, where he died.
Speaker

Dr. Olivier Moréteau is a Professor of Law and the first holder of the Russell B. Long Eminent Scholars Academic Chair at the LSU Paul M. Hebert Law Center. He joined LSU in 2005. He is the Director of the Center of Civil Law Studies, the Editor-in-Chief of the Journal of Civil Law Studies, and the Assistant Dean for International Programs. He earned his Doctorate in Law summa cum laude at the Université Jean Moulin, 1990, after research conducted in Cambridge with a British Council scholarship. He has authored and edited books in French and in English, and written over a hundred articles, chapters, notes, and reviews in various languages, published in international periodicals or books, on the civil law, common law, comparative law, law and languages, legal translation, tort law, the law of obligations, codification, and legal education.

Email CLE@lasc.org to reserve a seat.  For more information, please contact Gail Bragg via email at GBragg@lasc.org  or phone (504-310-2411).

Posted in Lectures, Louisiana Supreme Court | Leave a comment

Four Distinguished French Scholars Discuss the 2016 French Revision of Contractual Obligations

The Louisiana Chapter of the Association Henri Capitant des amis de la culture juridique française invited four distinguished French law professors to present on the French reform of the law of obligations, the first comprehensive revision of time-honored titles of the French Civil Code that had remained largely untouched since their enactment in 1804. Professors Bernard Haftel (University of Paris XIII), Jean-Christophe Roda (University of Lyon III), and Michel Séjean (University of South Brittany) presented at LSU first to the faculty and then to the students of Prof. Alain Levasseur’s Law of Obligations class, to be joinded the next day by Prof. Mustapha Mekki (University of Paris XIII) where all four presented at the Supreme Court of Louisiana in New Orleans.

The event, coordinated by Prof. Randy Trahan, LSU Paul M. Hebert Law Center and President of the Louisiana Chapter of the Association Capitant, attracted a record audience, particularly in New Orleans on March 15, 2019. Both the Capitant Chapter and the LSU CCLS will work towards strengthening this most promising cooperation in the months and years to come.

Prof. Roda, Séjean, and Haftel in front of the LSU Law Building

Prof. Roda, Séjean, and Haftel in front of the LSU Law Building

Prof. Baier, Haftel, Séjean, and Roda, in the Tucker Room during the faculty presentation

Prof. Baier, Haftel, Séjean, and Roda, in the Tucker Room during the faculty presentation

Prof. Séjean presenting the new translation of the French Civil Code in English, prepared by Prof. Levasseur, Gruning, and Trahan

Prof. Séjean presenting the new translation of the French Civil Code in English, prepared by Prof. Levasseur, Gruning, and Trahan

Prof. Roda presenting at the Louisiana Supreme Court, New Orleans

Prof. Roda presenting at the Louisiana Supreme Court, New Orleans

Chief Justice Bernette Johnson and Prof. Michel Séjean at the Louisiana Supreme Court

Chief Justice Bernette Johnson and Prof. Michel Séjean at the Louisiana Supreme Court

Prof. Haftel, Mekki, and Roda with Chief Justice Bernette Johnson at the Louisiana Supreme Court

Prof. Haftel, Mekki, and Roda with Chief Justice Bernette Johnson at the Louisiana Supreme Court

Posted in Association Capitant, Civil Law, Events, Louisiana Supreme Court, Translation Projects | 1 Comment

The French Civil Code and Louisiana on the German Public Radio

On February 2, 2019, the German Public Radio SWR2 aired a program on Napoleon, as 2019 marks the 250th anniversary of his birth. A segment featured the French Code civil and its ongoing influence in Louisiana, with interviews of Bryan Fischer, attorney in Baton Rouge, and Prof. Olivier Moréteau. Here are links to the whole program and to the five-minute Civil Code segment.

title pages of Code Napoléon, 1808 Official edition for the Kingdom of Westphalia

Code Napoléon, 1808 Official edition for the Kingdom of Westphalia

Posted in Civil Law, Interviews | Leave a comment

Comparative Legal History, Olivier MORÉTEAU, Aniceto MASFERRER, and Kjell A. MODÉER, eds.

Olivier MORÉTEAU, Aniceto MASFERRER, and Kjell A. MODÉER, eds.,

Comparative Legal History [Research Handbooks in Comparative Law series] (London: Edward Elgar Publishing, 2019). ISBN 9781781955215, £175.50

Edward Elgar is publishing a research handbook on comparative legal history.

ABOUT THE BOOK

Is comparative legal history an emerging discipline or a much-needed dialogue between two academic subjects? This research handbook presents the field in a uniquely holistic way, and illustrates how comparative law and legal history are inextricably related.

Cementing a solid theoretical grounding for the discipline, legal historians and comparatists place this subject at the forefront of legal science. Comprehensive in coverage, this handbook collates theory and method for comparative legal history, as well as discussing international legal sources and judicial and civil institutions. Particular attention is paid to custom and codification, contracts, civil procedure and ownership. By assessing the evolution of law across European, Asian, African and American environments from the pre-modern era to the nineteenth century, the chapters provide stimulating and enlightening cases of legal history through a comparative lens.

A centrepiece for this field of scholarship, this research handbook will be an essential resource for scholars interested in comparative law, legal theory and legal history, from both legal and social science backgrounds.

ABOUT THE EDITORS

Edited by Olivier Moréteau, Louisiana State University, US, Aniceto Masferrer, University of Valencia, Spain and Kjell A. Modéer, University of Lund, Sweden

Comparative Legal History, book front cover

TABLE OF CONTENTS

Contents:

List of contributors

Acknowledgments

Aniceto Masferrer, Kjell Å Modéer & Olivier Moréteau, The emergence of comparative legal history

PART I Theory and Methods

  1. What is comparative legal history? Legal historiography and the revolt against formalism, 1930-60, Adolfo Giuliani
  1. Comparative? Legal? History? Crossing Boundaries, Sean Donlan
  1. Methodological perspectives in comparative legal history: an analytical approach, Dag Michalsen
  1. Comparative legal history: methodology for morphology, Matthew Dyson

PART II LEGAL SOURCES

  1. Here, there, everywhere or… nowhere? Some comparative and historical afterthoughts about custom as a source of law, Jacques Vanderlinden
  1. Convergence and the colonization of custom in pre-modern Europe, Emily Kadens
  1. Custom as a source of law in European and East Asian legal history, Marie Seong-Hak Kim
  1. The ius commune as the ‘ratio scripta’ in the civil law tradition: a comparative approach to the Spanish case, Aniceto Masferrer and Juan A. Obarrio
  1. Legal education in England and continental Europe between the middle ages and the early-modern period: a comparison, Dolores Freda

PART III LEGAL INSTITUTIONS

  1. The triumph of judicial review: the evolution of post-revolutionary legal thought, Jean-Louis Halperin
  1. Killing the vampire of human culture: Slavery as a problem in international law, Paul Finkelman and Seymour Drescher
  1. Continental European superior courts and procedure in civil actions (11th-19th centuries), CH (Remco) van Rhee
  1. The genesis of concepts of possession and ownership in the civilian tradition and at common law: how did the common law manage without a concept of ownership? Why the Roman law did not?, Anna Taitslin
  1. The common law and the Code civil: the curious case of the law of contract, Warren Swain
  1. When the wind turned from South to West: the transition of Scandinavian legal cultures 1945–2000, a comparative sketch, Kjell Å Modéer

PART IV CODIFICATION

  1. Unification and codification in today’s European private law and nineteenth-century Germany: the challenges and opportunities of comparing historical and ongoing events, Dirk Heirbaut
  1. Owning the conceptualization of ownership in American civil law jurisdictions and the origins of nineteenth-century code provisions, Agustín Parise
  1. Why was private law not codified in Sweden and Finland?, Heikki Pihlajamäki

Posted in Publications | Leave a comment

Re- De- Co-dification? New Insights on the Codification of Private Law

Re- De- Co-dification?
New Insights on the Codification of Private Law

Agustín Parise and Lars van Vliet (Eds.)

Is it time for jurisdictions to undertake recodification, decodification, or even codification of their private laws? This volume addresses this recurring question in legal science by presenting recent developments and new perspectives on the codification of private law from a comparative law viewpoint. Contributions in this volume explore how jurisdictions from America, Asia and Europe currently stand regarding codification and help generate awareness on different paths, yet also of common grounds. Codification exceeds jurisdictional borders, and therefore the experiences presented in this volume should be seen as part of a global phenomenon. Jurisdictions do not evolve in isolation, since the circulation of ideas – often present in transplantation or normative transfers – is able to shape codification. This volume should help assess the virtues and weaknesses of codification, thus offering insights into the status of a paradigm that stretches across the globe.

Re- De- Co-dification, book cover

Table of contents

  • Preface;
  • The Role of Travaux Préparatoires in the Interpretation and Application of Civil Codes: A Dutch and German Perspective (Lars van Vliet and Michael Milo);
  • The French Law of Obligations: A Brief Story of the 2016 Reform (Matthias Martin); Reforming Contract Law: From Myth to Reality! (Mustapha Mekki);
  • The recodification of the Belgian Private Law: From a Family Model to an
    Orphaned Cinderella (Vincent Sagaert);
  • Codification: A Perspective from a Scottish Law Commissioner (Andrew J.M. Steven);
  • Using Metaphors to Explain the Construction of Societal Buildings: A Look into the Codification of Civil Law in Latin America (Agustín Parise);
  • The Argentine Civil and Commercial Code of 2015 (Julio César Rivera);
  • The Louisiana Civil Codes: A Multilingual Experience (Olivier Moréteau);
  • Restarting a Government of Laws in the United States of America (James R.
    Maxeiner);
  • The Japanese Civil Code: Its First 120 Years (Andrea Ortolani)

Eleven International Publishing

Posted in Civil Law, Publications | Leave a comment

JCLS Volume 11 Number 2 is Available Online

With the publication of Number 2 , Volume 11 of the Journal of Civil Law Studies (2018) is now entirely online. This issue contains rich articles addressing legal transplants in general with alchemistic metaphors and in the context of 19th century Poland, interaction between national legal systems from an economic perspective, and data ownership. It also includes a discussion on recent developments of medical liability in Italy (Civil Law in the World), several case notes (Civil Law in Louisiana), and a translation of the Preliminary Discourse to the Teatro of the universal legislation of Spain, with an introductory essay demonstrating its relevance to the study of the Louisiana Civil Code (Rediscovered Treasures of Louisiana Law).

Click here to access the Journal of Civil Law Studies.

Image of the Cover of JCLS Volume 11 no. 2 with table of contents

Posted in Journal of Civil Law Studies | Leave a comment

The Reform of the French Law of Obligations: What It Is and What It Means for Louisiana and Beyond

 

A Law Library of LouisiaBanner Law Library of Louisianana Free CLE
Co-sponsored by the Supreme Court of Louisiana Historical Society

and the Association Henri Capitant
 
The Reform of the French Law of Obligations:
What It Is and What It Means
for Louisiana and Beyond

Cover page French Civil Code 1804 original edition

Friday, March 15, 2019
9:30 a.m. – 12:30 p.m. and 1:30 p.m. – 3:00 p.m.
Courtroom, Louisiana Supreme Court, 400 Royal Street
Reception 12:30 p.m. – 1:30 p.m., 1st floor foyer

4.25 credit hours

Morning session, 9:30-12:30
Opening remarks by Professor Randy Trahan, LSU Paul M. Hebert Law Center
Professor Mustapha Mekki, University of Paris XIII: Reforming Contract Law: From Myth to Reality
Professor Bernard Haftel, University of Paris XIII: The Content of Contract
Break (15 min.)
Professor Michel Séjean, University of South Brittany: Remedies and Sanctions in Contract Law
Professor Jean-Christophe Roda, University of Lyon III: The Theory of the Unforeseen

Afternoon Session, 1:30-3:00
Professor David Gruning, Loyola University New Orleans College of Law: The Louisiana Law of Cause
Professor Ron Scalise, Tulane University Law School: Duress (Violence) in the New French Contract Reform
Closing remarks by Professor Randy Trahan

Email CLE@lasc.org to reserve a seat.  For more information, please contact Gail Bragg via email at GBragg@lasc.org  or phone (504-310-2411).

Posted in Association Capitant, Civil Law, Events, Louisiana Supreme Court | Leave a comment

Agustin Parise Receives Prestigious Book Award

Dr. Agustín Parise, LLM LSU (2006), former Research Associate at the CCLS (2006-2010) and Distinguished Global Visiting Professor at LSU Law (2018), currently Associate Professor at Maastricht University, received the Facultad Award from University of Buenos Aires (Argentina) for his book on the influence of the civil code of Louisiana in the civil code of Argentina. This award is granted annually since 1892. This is one of the most prestigious awards in all of Latin America.

Book Cover of Historia de la Codificación  Civil  del  Estado  de  Luisiana y su Influencia en el Código Civil ArgentinoThe book is entitled Historia de la Codificación  Civil  del  Estado  de  Luisiana y su Influencia en el Código Civil Argentino. Agustín wrote his book while he was Research Associate at the Center of Civil Law Studies of LSU.

In his book, in Spanish, Agustín offered the following acknowledgments:

[…] The research in Louisiana was accomplished exclusively due to the support provided by Olivier Moréteau, who, as director of the Center of Civil Law Studies of Louisiana State University, hosted the projects and research that derived in this book.

Alain A. Levasseur, Saul Litvinoff, Robert A. Pascal, Julio Romañach (h) and Jacques Vanderlinden also helped in the elaboration of this book by reacting to questions and through advice and explanations.

[…] Members of the Louisiana State University Law Library were of enormous help in providing materials. I also thank Kevin Baggett and Phillip Gragg for their assistance with interlibrary loans; and I thank Randall Thompson, James Wade, Vicenç Feliu and Mary Johns for their effective reference services. The Director of the Louisiana Law Library, Georgia D. Chadwick, offered special support by providing bibliographic materials. Louis V. de la Vergne was never tired and was eager to provide materials from his personal collection and, thus, expanded the universe of research.

Dr. Agustin Parise delivering a lecture at LSU Law

Posted in Awards, Civil Law, Distinguished Foreign Visitors, Master in Comparative Law (LL.M.) | 1 Comment

Professor Moréteau Presenting on the LSU Bi-Jural Curriculum at the IALS, Doha, Qatar

On November 10-12, 2018, Professor Olivier Moréteau represented LSU Law at the International Association of Law School (IALS) Annual Meeting in Doha, Qatar.

75 institutions and 35 countries were represented, with 120 participants. The general topic was From Imitation to Innovation. Prof. Moréteau participated on a panel “Reconciling Contemporary Comparative Perspectives of Differing Legal Systems”, presenting on “Bi-Jural Education in a Mixed Jurisdiction: A Gateway to Global Practice”.

Moreteau presenting with panel Moreteau at the podium The panel facing participants Moreteau at the podium with panel participants

Posted in Events | 2 Comments

Professor Attila Harmathy Delivers the 41st Tucker Lecture

On November 8, 2018, Professor Emeritus Attila Harmathy (Eötvös University, Budapest, Hungary) delivered the 41st John H. Tucker, jr. Lecture in Civil Law. Under the title “Comparative Law and the Development of Civil Law in a Country Under Transformation,” Professor Harmathy offered a multidimensional panorama of the evolution of the Civil Law in Hungary from the 11th to the 21st century, based on his immense scholarship, his experience as a Justice of the Constitutional Court and as the mastermind of the recent efforts leading to a new Civil Code for Hungary. The event was attended by over 100 alumni, faculty, and students.

Professor Olivier Moréteau introducing Professor Attila Harmathy

Professor Olivier Moréteau introducing Professor Attila Harmathy

Professor Harmathy delivering the 41st Tucker Lecture in Civil Law

Professor Harmathy delivering the 41st Tucker Lecture in Civil Law

In the Robinson Courtroom at the LSU Law Center

In the Robinson Courtroom at the LSU Law Center

In front of a large public of faculty, students and alumni

In front of a large public of faculty, students and alumni

Posted in Center of Civil Law Studies, Civil Law, Lectures | Leave a comment