2, 160 Articles, or 1,516 articles, was based upon the French Code. 30 This being said, it is surprising to note that Louisiana never enacted a codal provision correspond ing to Article 5 of the Code Napoleon relating to the prohibition of judge-made law(precedent). 31 Considering that the French Civil Code was adopted and promulgated four years prior to the Louisiana Civil Code of 1808, and in light of the 'close ties then existing with the old country, there must have been ample opportunity for [the Code] to have found its way to Louisiana. 332 The absence of a provision prohibitive of judge-made law, however, should not be nterpreted as an attempt by the redactors of the Code to adopt the Anglo-American common- law doctrine of stare decisis. On March 24, 1822, Messieurs Edward Livingston, lOuis Moreau- Lislet, 4 and Pierre Derbigny 35 were commissioned by the Louisiana Legislature "revise the civil code by amend ing the same in such a manner as they will deem advisable A year later, in a report to the Louisiana Senate, these esteemed jurisconsults wrote about the proper role of judges and, in doing so, showed their contempt for precedent as a source of law They wrote preparing the Digest of 1808 there is no doubt that Moreau-Lislet and Brown followed the first projet of the Napoleonic Code. There are very many articles identical with articles of the Napoleonic Code, from which the legend gathered strength, until it is customary now to say that the Digest of 1808 was a mere transcript of the first projet of the Napoleon Code ' Id at XXXV. For more on the Napoleonic Code'stermitorial expansion'by conquest, direct persuasion and inspiration, see, e.g., Jean Limpens, Territorial Expansion ofthe Code, in THE CODE NAPOLEON AND THE COMMON LAW WORLD 93-99(Bernard Schwartzed, Greenwood Press 1975) (1956). The dynamic influence of the Code did not stop at the borders of Europe. America, with its boundless territories, was to furnish new areas for expansion. Strangely enough, it was in North America on the soil of the United States that the Code found its first foothold. Louisiana. a French esta blishment from 1682 to 1762.a Spanish possession from 1762 to 1800, a part of the United States from 1804, was first and foremost a land of French culture. The first code of 1808 amply demonstrated its heritage. Although it is not known if the drafters of the code were in possession of the definitive text of the Code Napoleon, it is interesting to note that the divergences from it were not great. ' Id at 98-99 YIANNOPOULOS, supra note 9 31 C Girard Davidson, Stare Decisis in Louisiana, 7 TUL. L REV. 100, 100(1932) Id at 101 in assuring the survival of the civil law in his adopted state. According to Judge Hood, []here /was/teental Edward Livingston was a New York la wyer who emigrated to Louisiana in 1803 and was fundamental question but that the common law system would have been established here shortly after the United States assumed sovereignty, and that Louisiana would be a common law state today, were it not for the fact that Livingston.. emerged as a leader in opposing this action, and as a champion for the ca use of retaining a civil law system in the territory, Hood, supra note 26 at 20 ouis Moreau-Lislet was born in Saint-Domingue(modem-day Santo Domingo )on the Isle of Hispaniola when it was a French dependency. He received his legal tra ining in France and immigrated shortly after the Louisiana purchase. Moreau-Lislet has perhaps contributed more to the legal literature of this state than has any other person. During his busy career, he participated in more than 200 cases before the State Supreme Court, and also served at various times as a mem ber of the State House of Representatives, a State Senator, as a Parish Judge, as Attorney General, and as a representative in Congress. Id at 24 Pierre Derbigny was a French nobleman who was forced to flee during the revolution. He settled in Louisiana and joined Edward Livingston's efforts to oppose Govenor Claiborme's plan to install the common- law system in the territory. Derbigny is perhaps best remem bered for his service as a Justice of the Louisiana Supreme Court and for his tenure as Governor. Id at 29; see generally LOUISIANA GOVERNORS, supra note 19 1822 La. Acts. 1082,160 Articles, or 1,516 articles, was based upon the French Code.30 This being said, it is surprising to note that Louisiana never enacted a codal provision corresponding to Article 5 of the Code Napoléon relating to the prohibition of judge-made law (precedent).31 Considering that the French Civil Code was adopted and promulgated four years prior to the Louisiana Civil Code of 1808, and in light of the ‘close ties then existing with the old country,’ there must have been ‘ample opportunity for [the Code] to have found its way to Louisiana.’32 The absence of a provision prohibitive of judge-made law, however, should not be interpreted as an attempt by the redactors of the Code to adopt the Anglo-American common￾law doctrine of stare decisis. On March 24, 1822, Messieurs Edward Livingston,33 Louis Moreau-Lislet,34 and Pierre Derbigny35 were commissioned by the Louisiana Legislature to ‘revise the civil code by amending the same in such a manner as they will deem advisable.’36 A year later, in a report to the Louisiana Senate, these esteemed jurisconsults wrote about the proper role of judges and, in doing so, showed their contempt for precedent as a source of law. They wrote: preparing the Digest of 1808 there is no doubt that Moreau-Lislet and Brown followed the first projet of the Napoleonic Code. There are very many articles identical with articles of the Napoleonic Code, from which the legend gathered strength, until it is customary now to say that the Digest of 1808 was a mere transcript of the first projet of the Napoleon Code.’ Id. at XXXV. For more on the Napoleonic Code’s ‘territorial expansion’ by conquest, direct persuasion and inspiration, see, e.g., Jean Limpens, Territorial Expansion of the Code, in THE CODE NAPOLEON AND THE COMMON LAWWORLD 93-99 (Bernard Schwartz ed., Greenwood Press 1975) (1956). ‘The dynamic influence of the Code did not stop at the borders of Europe. America, with its boundless territories, was to furnish new areas for expansion. Strangely enough, it was in North America on the soil of the United States that the Code found its first foothold. Louisiana, a French establishment from 1682 to 1762, a Spanish possession from 1762 to 1800, a part of the United States from 1804, was first and foremost a land of French culture. The first code of 1808 amply demonstrated its heritage. Although it is not known if the drafters of the code were in possession of the definitive text of the Code Napoleon, it is interesting to note that the divergences from it were not great.’ Id. at 98-99. 30 YIANNOPOULOS, supra note 9. 31 C. Girard Davidson, Stare Decisis in Louisiana, 7 TUL. L. REV. 100, 100 (1932). 32 Id. at 101. 33 Edward Livingston was a New York lawyer who emigrated to Louisiana in 1803 and was fundamental in assuring the survival of the civil law in his adopted state. According to Judge Hood, ‘[t]here [was] little question but that the common law system would have been established here shortly after the United States assumed sovereignty, and that Louisiana would be a common law state today, were it not for the fact that . . . Livingston . . . emerged as a leader in opposing this action, and as a champion for the cause of retaining a civil law system in the territory.’ Hood, supra note 26 at 20. 34 Louis Moreau-Lislet was born in Saint-Domingue (modern-day Santo Domingo) on the Isle of Hispaniola when it was a French dependency. He received his legal training in France and immigrated shortly after the Louisiana purchase. Moreau-Lislet has ‘perhaps contributed more to the legal literature of this sta te than has any other person. During his busy career, he participated in more than 200 cases before the State Supreme Court, and also served at various times as a member of the State House of Representatives, a State Senator, as a Parish Judge, as Attorney General, and as a representative in Congress.’ Id. at 24. 35 Pierre Derbigny was a French nobleman who was forced to flee during the Revolution. He settled in Louisiana and joined Edward Livingston’s efforts to oppose Governor Claiborne’s plan to install t he common￾law system in the territory. Derbigny is perhaps best remembered for his service as a Justice of the Louisiana Supreme Court and for his tenure as Governor. Id. at 29; see generally LOUISIANA GOVERNORS, supra note 19. 36 1822 La. Acts. 108