"Creole" and Its Meaning In Louisiana Law and History

James Etienne Viator, Loyola University New Orleans College of Law, has published Kreyol-Ye, Kadjen-Ye, E Lalwa a Langaj Dan Lalwizyann [Creoles, Cajuns, and Language Law in Louisiana] at 60 Loy. L. Rev. 273 (2014). Here is the abstract.

This article, written in Cajun French and English, examines the word “Creole” and the history of laws about the French language in Louisiana. In recent decades, a growing awareness of the historical diminution of linguistic minorities and their languages around the world has led to increased efforts to preserve the cultural heritage of such minorities. In Louisiana, after decades of relegating Cajun French to second class status, in 1968 the Louisiana legislature created the Council for the Development of French in Louisiana (CODOFIL), a state agency tasked with preserving “Louisiana’s French language, heritage and culture.” The act establishing CODOFIL mandated that the Council “do any and all things necessary to accomplish the development, utilization, and preservation of the French language as found in the State of Louisiana.” But instead of teaching Cajun French, most Louisiana schools taught standard French, the purpose of CODOFIL was never fully realized, and both the Cajun French language, and culture, are still at risk of disappearing.

(A version of this article, in standard French, is available at 60 Loyola Law Review 297 (2014) and at: http://ssrn.com/abstract=2572642)

Download the text from SSRN at the link.

A French Legal Philosopher and Louisiana Jurisprudence

François-Xavier Licari, University of Lorraine, has published François Gény in Louisiana at 6 Journal of Civil Law Studies 475 (2013). Here is the abstract.

In his book "François Gény and Modern Jurisprudence" (LSU Press, 1978), Jaro Mayda wrote (p.69): "The important point…is that, despite the art represented by the current literature, the pragmatic temper of America and of its mixed jurisdictions, such as Louisiana, may well be the environment that will send Gény’s themes toward their integration into a rational, modern jurisprudence". This paper tells the story of the realization of this scholarly prophesy. It identifies sociological, historical and cultural factors that contributed to Louisiana's unique reception of the "free objective search for a rule" as set forth in François Gény's manifesto, "Méthode d'interprétation et sources en droit privé positif". It also studies expressions of such successful reception, analyzing some leading cases of the Louisiana Supreme Court.

Download the article at the link provided.