The Common Laws of Europe and Louisiana

Article by H. Patrick Glenn

It is generally thought that the concept of common law has had one, or possibly two, exemplifications in European legal history. The law known as the common law has had pride of place in the Anglo-American world; the law known as the ius commune has occupied a similar place in the world of civil law. There has been only grudging recognition by each of the other, as common law. Yet European legal history can also be seen more inclusively as a history of multiple common laws, each radiating out from major centers of population and influence in Europe, and extending well beyond Europe. Louisiana can thus be seen as a place of confluence of common laws, where the droit commun, the derecho commún, and the common law exercise ongoing mutual influence, in the manner of common laws.


About the Author

H. Patrick Glenn. Peter M. Laing Professor of Law, Faculty of Law & Institute of Comparative Law, McGill University.

Citation

79 Tul. L. Rev. 1041 (2005)