The Louisiana Civil Code in French:Translation and Retranslation

The first codes of Louisiana (1808 and 1825) were written in French and translated into English. When the Civil Code was revised in 1870, it was written in English only. Recent revisions, all in English, aim at promoting a civilian vocabulary that differs from that of the common law. This article discusses the translation of the Louisiana Civil Code from English to French in the context of the steep decline and limited revival of the French language usage in Louisiana. It explores the purpose and the implementation process of the translation project, detailing every step, and identifying linguistic and legal challenges as well as resources relied on. With the objective of producing a truly Louisianan translation, translators used original French sources to discover what the legislator intended the law to mean. The process may then be described as a retranslation, aiming at reviving the original language. Where texts have been substantially rewritten, yet still reflecting civil law logic and style, the translation aims at echoing the spirit of the Code. However, in the several occasions where the drafters borrowed common law substance and style, the civilian spirit no longer vivifies the translation, as it is obscured by an overabundance of language

The Words of Comparative Law

While the word comparative refers to a cognitive and intellectual activity supposing that there are several elements to compare, the word law is used in the singular, as if law was to be compared to itself The whole phrase indicates that comparison takes place within the study of the law, but the use of the singular does not point to a pluralistic approach: what do we mean by law? Should we not talk about comparing the laws or legal comparison ? With a reflection on the words of the law as a starting point, this paper visits the corpus of comparative law in a pluralistic perspective and the process as a basic element of cognition. Words of the comparatists are then visited in successive steps describing what they do: first the discovery of the foreign legal system with immersion in its language and culture yet keeping some outsider awareness to read the silence in language. Then comes the need to communicate on this other legal system, which is in essence an experience in translation. Based on what they learn, comparatists also build systems, using or developing common words in the various realms of international law, often for practical purposes. Last but not least, some aspire to develop neutral terms for the sake of knowledge in order to develop a specialty language of legal science. This latter activity tends to be neglected as a utopian aspiration. It encompasses the creation of precise terms and meta-categories. In any case, words are the tool of comparatists and therefore constantly evolve