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What is Law in Louisiana? More Than Just Written Words
Have you ever wondered what makes something a “law” in Louisiana? It might seem like a simple question, but understanding the true sources of our legal rules is crucial for navigating everyday life and protecting your rights. In Louisiana, a unique legal system rooted in the civil law tradition, the answer is a fascinating blend of official pronouncements and long-standing practices. Today, we’ll break down the fundamental concepts found in Louisiana Civil Code Articles 1, 2, and 3, which together explain where our laws originate.
The Primary Source: Legislation – The Will of the People (CC 1 & 2)
At its core, Louisiana law primarily comes from legislation. Civil Code Article 2 tells us that “Law is a solemn expression of legislative will.” What does this mean in plain English? It means that the most important and common way laws are created in Louisiana is through our elected representatives in the state legislature. When they debate, vote on, and pass a bill, and it’s signed into law by the Governor, that’s a “solemn expression of legislative will.”
Think of it this way: our society decides on rules and policies, and the legislature is the body we entrust to formally write those rules down. These written laws – statutes, codes, and ordinances – are the backbone of our legal system. They cover everything from how contracts are formed to how property is owned, and they are the guiding principles that courts use to resolve disputes.
The Secondary Source: Custom – Unwritten Rules with Legal Power (CC 1 & 3)
While legislation is the primary source, it’s not the only one. Civil Code Article 1 states that the sources of law are “legislation and custom.” This brings us to a fascinating aspect of civil law: the role of custom.
Civil Code Article 3 explains that “Custom results from practice repeated for a long time in conformity with a rule of policy, peace, or order.” Essentially, if people in a community consistently act in a certain way over a significant period, and this practice is generally accepted as the correct way to do things – promoting peace, order, or a specific policy – that custom can actually attain the force of law. However, there’s a critical condition: custom only has the same authority as legislation when it is not in conflict with legislation.
This means that if a written law exists on a particular matter, custom cannot override it. Custom fills the gaps where legislation is silent or helps interpret the intent behind a written law. For example, local business practices, specific ways of handling transactions within an industry, or long-standing community traditions might be considered custom if they meet these strict requirements.
Why This Matters to You
Understanding these foundational principles is not just for lawyers; it’s vital for every citizen. Knowing that law comes from both explicit legislative acts and, in some cases, established customs, helps you:
- Understand Your Rights and Responsibilities: Knowing where laws come from empowers you to better understand the rules that govern your life, your property, and your interactions with others.
- Navigate Disputes: Whether you’re dealing with a contract issue, a property dispute, or any other legal challenge, identifying the applicable law – be it a statute or an established custom – is the first step toward resolution.
- Engage with the Legal System: It demystifies the legal process, showing that laws aren’t just arbitrary rules, but expressions of collective will or long-accepted practices.
Need Legal Guidance? Contact Us Today.
The intricate details of Louisiana law can be complex. If you have questions about a specific legal matter, or if you believe your rights might be affected by legislation or custom, don’t hesitate to seek professional legal advice. Our experienced team is here to help you understand your situation and navigate the legal landscape. Contact us today for a consultation.
Written By Berniard Law Firm
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