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The US did not reboot jurisprudence when it was established. We imported English common law.

shagie 4y ago
> We imported English common law. In most places... which is your first point. One of the science fiction authors that I've read has run in to this - https://en.wikipedia.org/wiki/George_Alec_Effinger https://en.wikipedia.org/wiki/George_Alec_Effinger > Throughout his life, Effinger suffered from health problems. These resulted in enormous medical bills which he was unable to pay, resulting in a declaration of bankruptcy. Because Louisiana's system of law descends from the Napoleonic Code rather than English Common Law, the possibility existed that copyrights to Effinger's works and characters might revert to his creditors, in this case the hospital. However, no representative of the hospital showed up at the bankruptcy hearing, and Effinger regained the rights to all his intellectual property.
- dragonwriter 4y ago
  There is something that seems at best underexplained in that narrative (which the Wikipedia article sources to the introduction to one of his works), since bankruptcy is handled by uniform federal laws, with state laws governing some exemptions, but copyrights not being generally exempt in most states (and the common law states not differing systematically from Louisiana on this point.)
  - shagie 4y ago
    There's a fair bit around that that gets very deep into the "it's not simple". https://www.louisiana.gov/about-louisiana/ https://www.louisiana.gov/about-louisiana/ > Early French and Spanish settlers influenced the legal system in Louisiana. Despite popular belief, it is incorrect to say that the Louisiana Civil Code is, or stems from, the Napoleonic Code. Although the developing Napoleonic Code influenced Louisiana law, the Napoleonic Code was not enacted until 1804, one year after the Louisiana Purchase. A main source of Louisiana jurisprudence may in fact be Spanish. The resulting system of "civil law" in the Louisiana does differ from the "common-law" systems in the other 49 states. https://en.wikipedia.org/wiki/Law_of_Louisiana https://en.wikipedia.org/wiki/Law_of_Louisiana > Law in the state of Louisiana is based on a more diverse set of sources than the laws of the other 49 states of the United States. Private law—that is, substantive law between private sector parties, principally contracts and torts—has a civil law character, based on French and Spanish codes and ultimately Roman law, with some common law influences. https://www.lawinfo.com/resources/bankruptcy/louisiana/ https://www.lawinfo.com/resources/bankruptcy/louisiana/ > Federal bankruptcy laws changed in October of 2005 when the Bankruptcy Abuse Prevention and Consumer Protection Act took effect six months after President Bush signed it into law. This new law requires consumers who file bankruptcy to receive credit counseling in the six months prior to their filing for debt relief. It also mandated their completion of a financial management instructional course. (interesting - the laws changed in 2005 - which may have been something sufficiently different... and he died three years before that law was changed) https://www.bloomlegal.com/blog/what-is-unique-about-louisiana-law/ https://www.bloomlegal.com/blog/what-is-unique-about-louisia... > The most notable difference in procedure comes in the sphere of trust and estates law, real estate law, and inheritance. In Louisiana, we call this Succession and Donations, where it’s Trust and Estates in the rest of the country. Much of the legality surrounding the way land and property is passed down is unique to Louisiana. https://www.nola.com/news/article_efcb7e79-99e1-53df-8e74-6b432ed29b28.html https://www.nola.com/news/article_efcb7e79-99e1-53df-8e74-6b... > So, Louisiana and the rest of the United States reached a compromise: Louisiana could continue to follow its civil law practices for private law, which governs interactions between individuals like marriage and succession, and Louisiana would have to use common law akin to the rest of the United States for public law, like when a person goes to criminal court and is prosecuted by the state. (bankruptcy and property would fall under the civil law at the time)

> We imported English common law. In most places... which is your first point. One of the science fiction authors that I've read has run in to this - https://en.wikipedia.org/wiki/George_Alec_Effinger https://en.wikipedia.org/wiki/George_Alec_Effinger > Throughout his life, Effinger suffered from health problems. These resulted in enormous medical bills which he was unable to pay, resulting in a declaration of bankruptcy. Because Louisiana's system of law descends from the Napoleonic Code rather than English Common Law, the possibility existed that copyrights to Effinger's works and characters might revert to his creditors, in this case the hospital. However, no representative of the hospital showed up at the bankruptcy hearing, and Effinger regained the rights to all his intellectual property.

dragonwriter 4y ago
There is something that seems at best underexplained in that narrative (which the Wikipedia article sources to the introduction to one of his works), since bankruptcy is handled by uniform federal laws, with state laws governing some exemptions, but copyrights not being generally exempt in most states (and the common law states not differing systematically from Louisiana on this point.)
- shagie 4y ago
  There's a fair bit around that that gets very deep into the "it's not simple". https://www.louisiana.gov/about-louisiana/ https://www.louisiana.gov/about-louisiana/ > Early French and Spanish settlers influenced the legal system in Louisiana. Despite popular belief, it is incorrect to say that the Louisiana Civil Code is, or stems from, the Napoleonic Code. Although the developing Napoleonic Code influenced Louisiana law, the Napoleonic Code was not enacted until 1804, one year after the Louisiana Purchase. A main source of Louisiana jurisprudence may in fact be Spanish. The resulting system of "civil law" in the Louisiana does differ from the "common-law" systems in the other 49 states. https://en.wikipedia.org/wiki/Law_of_Louisiana https://en.wikipedia.org/wiki/Law_of_Louisiana > Law in the state of Louisiana is based on a more diverse set of sources than the laws of the other 49 states of the United States. Private law—that is, substantive law between private sector parties, principally contracts and torts—has a civil law character, based on French and Spanish codes and ultimately Roman law, with some common law influences. https://www.lawinfo.com/resources/bankruptcy/louisiana/ https://www.lawinfo.com/resources/bankruptcy/louisiana/ > Federal bankruptcy laws changed in October of 2005 when the Bankruptcy Abuse Prevention and Consumer Protection Act took effect six months after President Bush signed it into law. This new law requires consumers who file bankruptcy to receive credit counseling in the six months prior to their filing for debt relief. It also mandated their completion of a financial management instructional course. (interesting - the laws changed in 2005 - which may have been something sufficiently different... and he died three years before that law was changed) https://www.bloomlegal.com/blog/what-is-unique-about-louisiana-law/ https://www.bloomlegal.com/blog/what-is-unique-about-louisia... > The most notable difference in procedure comes in the sphere of trust and estates law, real estate law, and inheritance. In Louisiana, we call this Succession and Donations, where it’s Trust and Estates in the rest of the country. Much of the legality surrounding the way land and property is passed down is unique to Louisiana. https://www.nola.com/news/article_efcb7e79-99e1-53df-8e74-6b432ed29b28.html https://www.nola.com/news/article_efcb7e79-99e1-53df-8e74-6b... > So, Louisiana and the rest of the United States reached a compromise: Louisiana could continue to follow its civil law practices for private law, which governs interactions between individuals like marriage and succession, and Louisiana would have to use common law akin to the rest of the United States for public law, like when a person goes to criminal court and is prosecuted by the state. (bankruptcy and property would fall under the civil law at the time)