Freitag, 11. Juli 2014

Outline for coursework in Englisch classroom



1. Read p. 9 to p. 13 (line 24) of the shortstory "Désirée's baby"

2. Talking about the story

     2.1 Think about possible endings of the story


     2.2 State themes covered by the story


     2.3 Discuss your assumptions with your classmates


3. Read the story until the end

     3.1 If you didn't clearly get the topic yet - read again the summary


4. Work through the material provided on this blog
     
     4.1 Inform yourself about "slavery in the 2nd half of the 19th century", "life on
           plantations" and "the French influence on Louisiana"  - use videos, poems,  images                    and texts provided on this website

     4.2 Write a shortstory which covers the topic of slavery/ segregation


     4.3 Discuss the topic of slavery/ segregation in the classroom and think about its up- 

            to-dateness

Dienstag, 8. Juli 2014

Kate Chopin - Désirée's Baby

As the day was pleasant, Madame Valmonde drove over to L'Abri to see Desiree and the baby.
     It made her laugh to think of Desiree with a baby. Why, it seemed but yesterday that Desiree was little more than a baby herself; when Monsieur in riding through the gateway of Valmonde had found her lying asleep in the shadow of the big stone pillar.
     The little one awoke in his arms and began to cry for "Dada." That was as much as she could do or say. Some people thought she might have strayed there of her own accord, for she was of the toddling age. The prevailing belief was that she had been purposely left by a party of Texans, whose canvas-covered wagon, late in the day, had crossed the ferry that Coton Mais kept, just below the plantation. In time Madame Valmonde abandoned every speculation but the one that Desiree had been sent to her by a beneficent Providence to be the child of her affection, seeing that she was without child of the flesh. For the girl grew to be beautiful and gentle, affectionate and sincere - the idol of Valmonde.
     It was no wonder, when she stood one day against the stone pillar in whose shadow she had lain asleep, eighteen years before, that Armand Aubigny riding by and seeing her there, had fallen in love with her. That was the way all the Aubignys fell in love, as if struck by a pistol shot. The wonder was that he had not loved her before; for he had known her since his father brought him home from Paris, a boy of eight, after his mother died there. The passion that awoke in him that day, when he saw her at the gate, swept along like an avalanche, or like a prairie fire, or like anything that drives headlong over all obstacles.
     Monsieur Valmonde grew practical and wanted things well considered: that is, the girl's obscure origin. Armand looked into her eyes and did not care. He was reminded that she was nameless. What did it matter about a name when he could give her one of the oldest and proudest in Louisiana? He ordered the corbeille from Paris, and contained himself with what patience he could until it arrived; then they were married.
<  2  >
     Madame Valmonde had not seen Desiree and the baby for four weeks. When she reached L'Abri she shuddered at the first sight of it, as she always did. It was a sad looking place, which for many years had not known the gentle presence of a mistress, old Monsieur Aubigny having married and buried his wife in France, and she having loved her own land too well ever to leave it. The roof came down steep and black like a cowl, reaching out beyond the wide galleries that encircled the yellow stuccoed house. Big, solemn oaks grew close to it, and their thick-leaved, far-reaching branches shadowed it like a pall. Young Aubigny's rule was a strict one, too, and under it his negroes had forgotten how to be gay, as they had been during the old master's easy-going and indulgent lifetime.
     The young mother was recovering slowly, and lay full length, in her soft white muslins and laces, upon a couch. The baby was beside her, upon her arm, where he had fallen asleep, at her breast. The yellow nurse woman sat beside a window fanning herself.
     Madame Valmonde bent her portly figure over Desiree and kissed her, holding her an instant tenderly in her arms. Then she turned to the child.
     "This is not the baby!" she exclaimed, in startled tones. French was the language spoken at Valmonde in those days.
     "I knew you would be astonished," laughed Desiree, "at the way he has grown. The little cochon de lait! Look at his legs, mamma, and his hands and fingernails - real finger-nails. Zandrine had to cut them this morning. Isn't it true, Zandrine?"
     The woman bowed her turbaned head majestically, "Mais si, Madame."
     "And the way he cries," went on Desiree, "is deafening. Armand heard him the other day as far away as La Blanche's cabin."
     Madame Valmonde had never removed her eyes from the child. She lifted it and walked with it over to the window that was lightest. She scanned the baby narrowly, then looked as searchingly at Zandrine, whose face was turned to gaze across the fields.
<  3  >
     "Yes, the child has grown, has changed," said Madame Valmonde, slowly, as she replaced it beside its mother. "What does Armand say?"
     Desiree's face became suffused with a glow that was happiness itself.
     "Oh, Armand is the proudest father in the parish, I believe, chiefly because it is a boy, to bear his name; though he says not - that he would have loved a girl as well. But I know it isn't true. I know he says that to please me. And mamma," she added, drawing Madame Valmonde's head down to her, and speaking in a whisper, "he hasn't punished one of them - not one of them - since baby is born. Even Negrillon, who pretended to have burnt his leg that he might rest from work - he only laughed, and said Negrillon was a great scamp. Oh, mamma, I'm so happy; it frightens me."
     What Desiree said was true. Marriage, and later the birth of his son had softened Armand Aubigny's imperious and exacting nature greatly. This was what made the gentle Desiree so happy, for she loved him desperately. When he frowned she trembled, but loved him. When he smiled, she asked no greater blessing of God. But Armand's dark, handsome face had not often been disfigured by frowns since the day he fell in love with her.
     When the baby was about three months old, Desiree awoke one day to the conviction that there was something in the air menacing her peace. It was at first too subtle to grasp. It had only been a disquieting suggestion; an air of mystery among the blacks; unexpected visits from far-off neighbors who could hardly account for their coming. Then a strange, an awful change in her husband's manner, which she dared not ask him to explain. When he spoke to her, it was with averted eyes, from which the old love-light seemed to have gone out. He absented himself from home; and when there, avoided her presence and that of her child, without excuse. And the very spirit of Satan seemed suddenly to take hold of him in his dealings with the slaves. Desiree was miserable enough to die.
<  4  >
     She sat in her room, one hot afternoon, in her peignoir, listlessly drawing through her fingers the strands of her long, silky brown hair that hung about her shoulders. The baby, half naked, lay asleep upon her own great mahogany bed, that was like a sumptuous throne, with its satin-lined half-canopy. One of La Blanche's little quadroon boys - half naked too - stood fanning the child slowly with a fan of peacock feathers. Desiree's eyes had been fixed absently and sadly upon the baby, while she was striving to penetrate the threatening mist that she felt closing about her. She looked from her child to the boy who stood beside him, and back again; over and over. "Ah!" It was a cry that she could not help; which she was not conscious of having uttered. The blood turned like ice in her veins, and a clammy moisture gathered upon her face.
     She tried to speak to the little quadroon boy; but no sound would come, at first. When he heard his name uttered, he looked up, and his mistress was pointing to the door. He laid aside the great, soft fan, and obediently stole away, over the polished floor, on his bare tiptoes.
     She stayed motionless, with gaze riveted upon her child, and her face the picture of fright.
     Presently her husband entered the room, and without noticing her, went to a table and began to search among some papers which covered it.
     "Armand," she called to him, in a voice which must have stabbed him, if he was human. But he did not notice. "Armand," she said again. Then she rose and tottered towards him. "Armand," she panted once more, clutching his arm, "look at our child. What does it mean? Tell me."
     He coldly but gently loosened her fingers from about his arm and thrust the hand away from him. "Tell me what it means!" she cried despairingly.
     "It means," he answered lightly, "that the child is not white; it means that you are not white."
<  5  >
     A quick conception of all that this accusation meant for her nerved her with unwonted courage to deny it. "It is a lie; it is not true, I am white! Look at my hair, it is brown; and my eyes are gray, Armand, you know they are gray. And my skin is fair," seizing his wrist. "Look at my hand; whiter than yours, Armand," she laughed hysterically.
     "As white as La Blanche's," he returned cruelly; and went away leaving her alone with their child.
     When she could hold a pen in her hand, she sent a despairing letter to Madame Valmonde.
     "My mother, they tell me I am not white. Armand has told me I am not white. For God's sake tell them it is not true. You must know it is not true. I shall die. I must die. I cannot be so unhappy, and live."
     The answer that came was brief:
     "My own Desiree: Come home to Valmonde; back to your mother who loves you. Come with your child."
     When the letter reached Desiree she went with it to her husband's study, and laid it open upon the desk before which he sat. She was like a stone image: silent, white, motionless after she placed it there.
     In silence he ran his cold eyes over the written words.
     He said nothing. "Shall I go, Armand?" she asked in tones sharp with agonized suspense.
     "Yes, go."
     "Do you want me to go?"
     "Yes, I want you to go."
     He thought Almighty God had dealt cruelly and unjustly with him; and felt, somehow, that he was paying Him back in kind when he stabbed thus into his wife's soul. Moreover he no longer loved her, because of the unconscious injury she had brought upon his home and his name.
<  6  >
     She turned away like one stunned by a blow, and walked slowly towards the door, hoping he would call her back.
     "Good-by, Armand," she moaned.
     He did not answer her. That was his last blow at fate.
     Desiree went in search of her child. Zandrine was pacing the sombre gallery with it. She took the little one from the nurse's arms with no word of explanation, and descending the steps, walked away, under the live-oak branches.
     It was an October afternoon; the sun was just sinking. Out in the still fields the negroes were picking cotton.
     Desiree had not changed the thin white garment nor the slippers which she wore. Her hair was uncovered and the sun's rays brought a golden gleam from its brown meshes. She did not take the broad, beaten road which led to the far-off plantation of Valmonde. She walked across a deserted field, where the stubble bruised her tender feet, so delicately shod, and tore her thin gown to shreds.
     She disappeared among the reeds and willows that grew thick along the banks of the deep, sluggish bayou; and she did not come back again.
     Some weeks later there was a curious scene enacted at L'Abri. In the centre of the smoothly swept back yard was a great bonfire. Armand Aubigny sat in the wide hallway that commanded a view of the spectacle; and it was he who dealt out to a half dozen negroes the material which kept this fire ablaze.
     A graceful cradle of willow, with all its dainty furbishings, was laid upon the pyre, which had already been fed with the richness of a priceless layette. Then there were silk gowns, and velvet and satin ones added to these; laces, too, and embroideries; bonnets and gloves; for the corbeille had been of rare quality.
     The last thing to go was a tiny bundle of letters; innocent little scribblings that Desiree had sent to him during the days of their espousal. There was the remnant of one back in the drawer from which he took them. But it was not Desiree's; it was part of an old letter from his mother to his father. He read it. She was thanking God for the blessing of her husband's love:--
<  7  >
     "But above all," she wrote, "night and day, I thank the good God for having so arranged our lives that our dear Armand will never know that his mother, who adores him, belongs to the race that is cursed with the brand of slavery."

Montag, 7. Juli 2014

Slavery/ Segregation - Videos




The Slave Markets of the USA




Short Doc: A Visit To Slave Plantation"




Life in Old Louisiana (1830-1850) 


This sort of documentary was made in 1941 (as stated in the opening titles). This short film depicts the culture of old Louisiana, including such aspects as slavery on cotton and cane plantations, the prevailing French language, Mississippi River trade, education, religion and music.

The film focuses on the elite and (wealthy) white families, such as plantation owners and business men. Sadly enough the delicate matters e.g. about how coloured people were treated in those days, are apparently insignificant. This documentary however (even when it's not really an accurate survey of history) might still be an interesting image of the time.
 

12 Years a Slave - Trailer #1 
 

 12 YEARS A SLAVE is based on an incredible true story of one man's fight for survival and freedom. In the pre-Civil War United States, Solomon Northup (Chiwetel Ejiofor), a free black man from upstate New York, is abducted and sold into slavery. Facing cruelty (personified by a malevolent slave owner, portrayed by Michael Fassbender) as well as unexpected kindnesses, Solomon struggles not only to stay alive, but to retain his dignity. In the twelfth year of his unforgettable odyssey, Solomon's chance meeting with a Canadian abolitionist (Brad Pitt) forever alters his life.

Starring Chiwetel Ejiofor, Michael Fassbender, Benedict Cumberbatch, Paul Dano, Paul Giamatti, Lupita Nyong'o, Sarah Paulson, Brad Pitt, and Alfre Woodard.
 

Sonntag, 6. Juli 2014




  Kate Chopin: Désirée's Baby  -  Summary



The short story “Désirée’s Baby” is written by Kate Chopin and it is about the problems of slavery and segregation.
One day Monsieur Valmondé, a wealthy French Creoles in antebellum Louisiana, finds a baby lying asleep in front of a stone pillar. Even though the toddler is of unknown origin and unfamiliar to him, he takes the child to his wife, Madame Valmondé and they call her Désirée. After a while people start to gossip but Madame Valmondé does not worry about the questions where Désirée comes from and whom she belongs to, although these questions are important at that time. She believes that Providence had sent her the child she could not conceive.
Désirée is eighteen when Armand Aubigny falls in love with her, knowing her for many years. Armand, son of another wealthy, respected and well-known French Creole Family proposes marriage to her, they wed and Désirée is in the family way. He reminds, that she was nameless and her origin was questionable.
Four weeks after the couple became parents, Madame Valmondé visits Désirée and her newborn. Being all aflutter Désirée tells her mother that Armand is the proudest father in the county and that he even has stopped punishing the Negroes, since the baby was born. He softened.
When the baby is about three month old, Armand starts avoiding Desirée and ignoring their little son completely. All of a sudden it seems like Satan takes hold of him. But Désirée can’t figure out the reasons for his avoidance.
As she sits in her room watching a little quadroon boy fanning her child she gets an idea for his behavior. She calls for her husband and asks him tearfully what it means. He answers that the baby is not white, that she is not white. But Désirée denies that accusation. Immediately she writes a letter to her mother who tells her to come home. She asks Armand if he wants her to go and he agreed. He does no longer love her, because she has brought unconscious injury upon his name and his home.
At the same day Désirée and the baby leave Armand forever and go back home to Valmondés.
A few weeks later Armand has a bonfire, burning all of Désirée’s and the baby’s belongings. He finds a letter from his mother in which she thanks God that Armand would never have to know that he belongs to the race that is cursed with the brand of slavery.




Slavery/ Segregation in the 2nd half of 19th century


File:Louisiane 1800.png
Louisiana um 1800

  • Statehood (1812)

  •     1840: New Orleans has the largest slave market in the United States à market contributed to the economy -> New Orleans became one of the wealthiest cities
  • Louisiana territory is officially transferred to the United States government
  • 1846: ban of the African slave trade/ importation of slaves à increased demand on the   domestic market
  • after the American Revolutionary War: more than one million enslaved African Americans are forced to immigrate to the US -> 2/3 of them in the slave trade-> others of them are transported by their masters
  • agriculture in the South West changed (from tobacco to less labor-intensive mixed         agriculture) -> planters have excess workers -> they sell slaves to traders who take them to the Deep South to markets -> after sales slaves are transported to markets or plantation destinations at Natchez and Memphis

  • Secession and the Civil War (1860–1865)
  •  331,726 people are enslaved à nearly 47% of the state's total population
  •  enfranchised elite whites' strong economic interest in maintaining the slave system contributed to Louisiana's decision à Louisiana secede from the Union in 1861
  • election of Abraham Lincoln as President of the US -> opponent of slavery


File:Abraham Lincoln head on shoulders photo portrait.jpg
Abraham Lincoln

  • Post Civil War (1865–1945)
  •  following the election of Lincoln à Consequences are: violence rises, the Civil War and emancipation of slaves as the war is carried on by paramilitary and private groups
  • some ex-Confederate dominated legislatures pass Black Codes à to regulate freedmen and generally refuse to give them the vote
  • consequences: the Memphis Riots of 1866 and the New Orleans Riot in 1866
  • following the Congress develops the Fourteenth Amendment to provide for suffrage and full citizenship for freedmen and passed Reconstruction Act establishing military districts for those states where conditions were considered the worst, including Louisiana
  • African Americans begin to live as citizens with some measure of equality before the law
  • freedmen and people of color who had been free before the war begin to make more advances in education, family stability and jobs
  • By 1877: - when federal forces were withdrawn - white Democrats in Louisiana and other states had regained control of state legislatures, often by paramilitary groups suppressing black voting through intimidation and violence
  • Following Mississippi's example in 1890, in 1898, the white Democratic, planter-dominated legislature passed a new constitution that effectively disfranchised blacks and people of color, by requirements for voter registration, such aspoll taxes, residency requirements and literacy tests, whose implementation was directed at reducing black voter registration
  • The effect was immediate and long lasting
  •  In 1896, there were 130,334 black voters on the rolls and about the same number of white voters, in proportion to the state population, which was evenly divided


Sources: 



Life on plantations

On the sugar plantations"There were no beds given the slaves, unless one coarse blanket be considered such, and none but the men and women had these...They find less difficulty from the want of beds, than from the want of time to sleep; for when their day's work in the field is done, the most of them having their washing, mending, and cooking to do, and having few or none of the ordinary facilities for doing either of these, very many of their sleeping hours are consumed in preparing for the field the coming day; and when this is done, old and young, male and female, married and single, drop down side by side, on one common bed,--the cold, damp floor,--each covering himself or herself with their miserable blankets; and here they sleep till they are summoned to the field by the driver's horn."  Frederick Douglass, from The Narrative of the Life of Frederick Douglass, 1845

               


When enslaved Africans arrived in the Americas, they were often alone, separated from their family and community, unable to communicate with those around them. The following description is from 'The Interesting Narrative of the Life of olaudah Equiano':
"When we arrived in Barbados (in the West Indies) many merchants and planters came on board and examined us. We were then taken to the merchant's yard, where we were all pent up together like sheep in a fold. On a signal the buyers rushed forward and chose those slaves they liked best." 
On arrival, the Africans were prepared for sale like animals. They were washed and shaved: sometimes their skins were oiled to make them appear healthy and increase their sale price.
Depending on where they had arrived, the enslaved Africans were sold through agents by public auction or by a ‘scramble', in which buyers simply grabbed whomever they wanted.Sales often involved measuring, grading and intrusive physical examination.
Sold, branded and issued with a new name, the enslaved Africans were separated and stripped of their identity. In a deliberate process, meant to break their will power and make them totally passive and subservient, the enslaved Africans were ‘seasoned.' This means that, for a period of two to three years, they were trained to endure their work and conditions - obey or receive the lash. It was mental and physical torture.
Life expectancy was short, on many plantations only 7-9 years. The high slave replacement figures were one piece of evidence used by the abolitionist, Anthony Benezet, to counter arguments that enslaved people benefitted from removal from Africa.

What was life like for the enslaved person?

It was a life of endless labour. They worked up to 18 hours a day, sometimes longer at busy periods such as harvest. There were no weekends or rest days. 
The dominant experience for most Africans was work on the sugar plantations. In Jamaica, for example, 60% worked on the sugar plantations and, by the early 19th century, 90% of enslaved Africans in Nevis, Montserrat and Tobago toiled on sugar slave estates.
The major secondary crop was coffee, which employed sizable numbers on Jamaica, Dominica, St Vincent, Grenada, St Lucia, Trinidad and Demerara. Coffee plantations tended to be smaller than sugar estates and, because of their highland locations, were more isolated.
A few colonies grew no sugar. On Belize most enslaved Africans were woodcutters; on the Cayman Islands, Anguilla and Barbuda, a majority of slaves lived on small mixed agricultural holdings; on the Bahamas, cotton cultivation was important for some decades.Even on a sugar-dominated island like Barbados, about one in ten slaves produced cotton, ginger and aloe. Livestock ranching was important on Jamaica, where specialised pens emerged.
By the 1760s, on mainland North American plantations, half of enslaved African people were occupied in cultivating tobacco, rice and indigo.
Children under the age of six, a few elderly people and some people with physical disabilities were the only people exempt from labour.
Individuals were allocated jobs according to gender, age, colour, strength and birthplace. Men dominated skilled trades and women generally came to dominate field gangs. Age determined when enslaved people entered the work force, when they progressed from one gang to another, when field hands became drivers and when field hands were retired as watchmen. The offspring of planters and enslaved African women were often allocated domestic work or, in the case of men, to skilled trades.
Children were sent to work doing whatever tasks they were physically able. This could include cleaning, water carrying, stone picking and collecting livestock feed. In addition to their work in the fields, women were used to carry out the duties of servants, child minders and seamstresses. Women could be separated from their children and sold to different 'owners' at any time.


How did the plantation owners control the enslaved people?

The plantation owners may have controlled the work and physical well being of enslaved people, but they could never control their minds. The enslaved people resisted at every opportunity and in many different ways - see the resistance section.
There was always the constant threat of uprising and keeping those enslaved under control was a priority of all plantation owners. The laws created to control enslaved populations were severe and illustrated the tensions that existed. The laws passed by the Islands' governing Assemblies are often referred to as the ‘Black Codes.'
Any enslaved person found guilty of committing or plotting serious offences, such as violence against the plantation owner or destruction of property, was put to death. Beatings and whippings were a common punishment, as well as the use of neck collars or leg irons for less serious offences, such as failure to work hard enough or insubordination, which covered many things.


            


  


 Source:


 http://abolition.e2bn.org/slavery_69.html

 http://americanabolitionist.liberalarts.iupui.edu/plantation_life.htm
 http://www.usgennet.org/usa/mo/county/stlouis/slave-broadside.jpg
 http://www.southernspaces.org/sites/southernspaces.org/files/xml/ssp/contents/2010/d  egraft-hanson/images/1b-002-ss-10-kdegra_lg.jpg






French influences on Louisiana


handle is hein.journals/illlr3 and id is 290 raw text is: THE INFLUENCE OF FRENCH LAW
IN AMERICA
By Roscon POUNDa
One who reads the older American reports, particularly those
of the State of New York, cannot fail to notice the unusual number
of references to the writers and authorities of the civil law which
they contain and the great deference which appears to be paid to
such authorities. No less remarkable is the rapid falling off in this
practice and practically complete cessation of it by the middle of
the nineteenth century. At present, citation of the authorities of
the civil law, except in cases involving some point of international
law or of admiralty jurisdiction, is usually the merest pedantry,
and is seldom indulged in. When in recent years an American
judge does see fit to cite them' he does so in the manner of one who
is displaying his learning, and not, as many American judges once
did, in the same manner in which he cites common-law authorities.
In the first volume of Johnson's reports, reporting decisions
of the Supreme Court of New York and the Court of Errors of New
York during the year 1806, Pothier is cited four times, Emeigon
five times, Valin three times, Casaregis twice and Azuri twice.
The Institutes of Justinian are cited once. These citations are made
by the court. In addition, counsel, so far as their arguments are
reported, cite civilians (mostly French) repeatedly.2 In the seventh
volume of the same reports, reporting decisions of the same courts
during 1810 and 1811, Pothier is twice cited, Huberus twice, Emeri-
gon once and the French civil code once. There are also two ci-
tations of the Digest, one of the Institutes and one of the Code.
Almost all these citations are in cases involving questions of mer-
cantile law. Occasionally, however, the question at issue is one
of conflict of laws,3 and in one case in the fourth volume of John-
son's Reports, Pothier and Justinian's Institutes are cited on a
question of damages on a covenant for titre.4 There are also in the
early New York reports citations of the civil law on questions of
aProfessor of Law in Northwestern University School of Law.
'E. g. Mr. Justice White in Colin v. U. S., 156 U. S. 432, 454.
2E. g. the argument of counsel for defendant in Jackson v. Jackson, I
Johns. 424, cites Huberus four times, Erskine's Institutes of the Law of Scot-
land twice and Justinian's Institutes once. Counsel for plaintiff in reply cites
Pothier.
3E. g. Jackson v. Jackson, supra note 2.
'Pitcher v. Livingston, 4 Johns. 1, 19-20.
354
http://heinonline.org/HOL/LandingPage?handle=hein.journals/illlr3&div=36&id=&page=


handle is hein.journals/tulr46 and id is 42 raw text is: THE LOUISIANA CIVIL CODE OF 1808: ITS ACTUAL
SOURCES AND PRESENT RELEVANCE
RODOLFo BATIZA*
The Digest of the Civil Laws, generally known as the Civil Code
of 1808,1 is one of the most interesting and significant developments
in the history of codification in the western hemisphere. The
earliest2 example of a code drafted from a variety of European
sources, this code established, at least in parts a civilian system of
private law for Louisiana. The significance of the Code of 1808,
however, is not merely historical.4 Indeed, through the intermediate
* Professor of Law, Tulane University School of Law.
1 The full title is A Digest of the Civil Laws now in force in the territory
of Orleans with alterations and amendments adapted to its present system of
government.
2 The year 1808 was one of great significance in the Spanish Empire in the
western hemisphere,, since Napoleon's invasion of Spain had dramatically
raised the issue of local self-government. The most pressing need for the
colonies that did achieve political independence during the early 1820's was to
draft constitutions rather than civil codes so that, with a few earlier excep-
tions (Bolivia, 1831; Dominican Republic, 1845), civil codes in Latin America
only began to appear in the second half of the nineteenth century. See P. Eder,
Introduction to the Argentine Civil Code at xxi-xxxii (F. Joannini transl. 1917),
which, although especially referring to Argentina, includes data of general
application to other Latin American countries.
3 As a result of developments that began early in the Middle Ages, private
law in most civil law countries is split into two, separately codified branches,
civil law and commercial law. A trend to unify private law, at least the law
of obligations and contracts, originated in Switzerland at the end of the nine-
teenth century but was followed in only a few countries.
The Louisiana Legislature requested Livingston, Derbigny, and Moreau
Lislet to prepare a draft for a Code of Commerce, but failed to adopt it in
1824. Dart, The Influence of the Ancient Laws of Spain on the Jurisprudence
of Louisiana, 6 Tul. L. Rev. 83, 89 (1931) [hereinafter cited as Influence of
the Ancient Laws]; see Tucker, The Code and the Common Law in Louisiana,
29 Tul. L. Rev. 739, 753 (1959). The subsequent adoption, however, of Uniform
Acts, such as those on bills of lading, business corporations, and negotiable
instruments, has made a commercial code unnecessary and has resulted in a
unity of private law in Louisiana, an unusual situation for most civilian juris-
dictions.
As for other branches of law in Louisiana, the law of evidence and civil
procedure are predominantly based on the common law, as are constitutional
and administrative law. Dart, The Place of the Civil Law in Louisiana, 4 Tul.
L. Rev. 163, 170-71 (1930) [hereinafter cited as Place of the Civil Law].
Criminal law and criminal procedure are entirely common law. Hubert, History
of Louisiana Criminal Procedure, 33 Tul. L. Rev. 739, 740 (1959); Tucker,
supra at 753.
4 It has been said that [i]n view of the relative fullness of the report of
the Commissioners on the Louisiana Civil Code of 1825 and its numerous
French source authorities, the significance of establishing the extent and the
identity of French influence in 1808 may be more historical than practical.
Dainow, Moreau Lislet's Notes on the Sources of Louisiana Civil Code of 1808,
19 La. L. Rev. 43, 51 (1958). The French source authorities that appear in the
Projet of 1823, however, are not as numerous as may appear at first sight since
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handle is hein.journals/louilr63 and id is 1081 raw text is: The French Connection and The Spanish Perception:
Historical Debates and Contemporary Evaluation of
French Influence on Louisiana Civil Law
Vernon Valentine Palmer*
It is a matter ofpublic notoriety that our St. Domingo Lycurgus
is avowedly copying his new code from that of Bonaparte, to the
infinite delight of the whole party by whom he is employed.
Jeremiah Brown'
the great difficulty which history records is not that of the
first step, but that of the second step. What is most evident is not the
difficulty of getting a fixed law, but getting out of a fixed law;... not
of making the first preservative habit but of breaking through it and
reaching something better.
Walter Bagehote
INTRODUCTION
The approaching bicentennial of the Code Napolon is a useful
moment in which to take stock of the past and future of our own
Civil Code. The Code Civil des Frangais has been vital to
Louisiana's entire experience with codification. It was one of the
models for the Digest of 1808, and it again served as a model for the
Civil Code of 1825. Even today, it appears to be serving as one of
the models for our present Code's revision. My paper, however,
deals with a broader subject than just the influence of the Code
Napoleon on Louisiana codification. Since Louisiana codifiers have
borrowed copiously from French commentators, projet drafts, and
other French sources, it is necessary to speak more widely of the
influence of French law on Louisiana civil law.
Copyright 2004, by LOUISIANA LAW REVIEW.
* Thomas Pickles Professor of Law and Director of European Legal Studies,
Tulane University. This article began as a paper commissioned by the Cour de
Cassation to commemorate the bicentennial of the Code Napolion in 2004. The
present article is an outgrowth of that paper. I have many friends and colleagues
to thank for their kind comments and criticisms of earlier drafts. My special
gratitude goes to Alain Levasseur, Michael McAuley, John Lovett, and particularly
Thomas Tucker for his insightful observations, patience, and encouraging advice.
Any errors that remain are of course mine alone.
1. A Short Letter to a Member of Congress Concerning the Territory of
Orleans (Washington D.C. 1806).
2. Physics and Politics 53 (2d ed, 1999).
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