Document Type
Article
Publication Date
5-2015
Journal Title
Louisiana Law Review
ISSN
0024-6859
Abstract
This Article explores the tradition/reform dichotomy as it exists in certain jurisdictions that, because of their unique history and nature, are particularly susceptible to the struggle between legal tradition and legal reform — mixed jurisdictions. In order to more closely examine the tradition/reform dichotomy and its theoretical and practical effects, this Article analyzes the role that traditional legal institutions play in the legal reform process through the lens of America’s lone mixed jurisdiction — Louisiana.
By exploring Louisiana’s subtle, yet prevalent, anchor-like legal conundrum caused by the struggle between progress and tradition — the process of mooring oneself to existing institutions to such a degree that newly adopted institutions are rendered less effective and the law as a whole suffers — one is able to extrapolate as to how historical forces play a role in the much larger sphere of mixed jurisdictions globally. This Article also explores the broader social science and psychology behind this anchoring effect by looking at society’s inherent desire to hold on to traditional customs and practices, and to resist, even if only subconsciously, letting go of the past.
First Page
741
Last Page
799
Num Pages
59
Volume Number
75
Issue Number
3
Publisher
Louisiana State University Paul M. Hebert Law Center
Recommended Citation
Christopher K. Odinet,
Commerce, Commonality, and Contract Law: Legal Reform in a Mixed Jurisdiction,
75
La. L. Rev.
741
(2015).
Available at:
https://scholarship.law.tamu.edu/facscholar/2146
Included in
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