ARTICLE: Louisiana Civil Code of 1808 +: Sources of the Digest of 1808: A Reply to Professor Batiza Skip over navigation
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Copyright (c) Tulane University 1972.
Tulane Law Review

ARTICLE: Louisiana Civil Code of 1808 +: Sources of the Digest of 1808: A Reply to Professor Batiza

+ The following three articles concerning the Louisiana Civil Code of 1808 were prompted by the conclusions published in Batiza, The Louisiana Civil Code of 1808: Its Actual Sources and Present Relevance, 46 Tul. L. Rev. 4 (1971).

April, 1972

Tulane Law Review

46 Tul. L. Rev. 603


Robert A. Pascal *


In 1968 the Law Schools of the Louisiana State and Tulane Universities, motivated by the desire to stimulate scholarly investigation into the history and sources of Louisiana civil law, availed themselves of the opportunity kindly offered them by the widow and heirs of the late Charles de la Vergne to publish a limited edition of The de la Vergne Volume 1 --a certain copy of A Digest of the Civil Laws Now in Force in the Territory of Orleans (1808) bearing the name of Louis Moreau Lislet, one of its redactors, and containing on interleaves citations believed to be Moreau's and alleged in the work itself to be references to "the principal laws of various codes from which the provisions of our local statute are drawn." 2 The publication of The de la Vergne Volume provoked immediate interest among many concerned with the origins of Louisiana civil law. The present writer, one of those involved personally in the efforts leading to its publication, happily opined that Moreau's notes would substantiate his long-held thesis: the Digest of 1808, though written largely in words copied from, adapted from, or suggested by French language texts, was intended to, and does for the most part, reflect the substance of the Spanish law in force in Louisiana in 1808. 3

Now an article by Professor Rodolfo Batiza, complete with appendices indicative of detailed comparisons of the texts of the Digest with the texts of other works extant in 1806-08, ...
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