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Civil Law in the Americas: Past, Present, and Future – Discussion Group Session Summary (August 1, 2025)

This discussion group convened to commemorate the Bicentennial of the Louisiana Civil Code of 1825, the oldest civil code in the Americas. Participants from law schools across Louisiana, Mississippi, Oklahoma, Texas, Florida, Kansas, and beyond explored the historical development, current issues, and future trajectory of civil law and mixed jurisdiction systems.

Key insights emerged regarding the historical civil law/common law divide, with participants appreciating both the methodological structure of civil law and the practical wisdom of common law. The group identified an ongoing “fusion” between these legal traditions as a significant trend.

Comparative methodology was highlighted as valuable for both teaching and scholarship. The group noted that studying civil law enhances students’ statutory interpretation skills—particularly relevant for the NextGEN Bar Exam—and praised LSU’s bijural curriculum requiring both civil and common law courses for first-year students.

Louisiana’s mixed jurisdiction served as a focal point, demonstrating how civil law influences private law while common law shapes public law. The group observed that although precedent is theoretically non-binding in Louisiana, citing precedent remains essential in practice, exemplifying the practical fusion between systems.

The group also recognized American Indian law and state law coexistence as another form of bijuralism worthy of future exploration. Participants committed to annual SEALS meetings to continue examining comparative law’s value in American legal education.