[WHat is the true meaning of the law when it is doubtful; to decide how it applies to facts when they are legally ascertained is the proper office of the Judge-The exercise of his discretion is confined to these which are called CASES OF CONSTRUCTION: in all other he has none. he is but the organ for giving voice, and utterance, and effect, to that which the Legislative branch has decreed In cases where there is no Law, according to strict principles he can neither pronounce nor expound, nor apply it Governments under which more is required from, or permitted to, the Magistrate are vicious because they confound Legislative powerwithJudicial duties, and permit theirexercise in the worst possible ape, by creating the rule, after the case has arisen to which it is applied. This is a vice inherent in the Jurisprudence ofall nations governed wholly, or in part, as England is by unwritten Laws, or such as can only be collected from decisions. 37 The Louisiana Civil Code of 1825 was printed in French and English, and the redactors of the Code drew inspiration from the Code Napoleon as well as French doctrine and jurisprudence. 39 The French version of Article I of the Code of 1825 put the matter to rest when it declared that []a loi est une declaration solennelle de la volonte legislative. 40 Thus without expressly declaring that precedent is not law along the lines of Article 5 of the Code Napoleon, the redactors of the Louisiana Civil Code came back within the ambit of the French revolutionary model 4I That is to say, although it may seem that the judge must decide the case. the decision itself is not to be considered law. 42 The opposite is true of the common law. To the student of the common law, the law is created and molded by judges, and legislation is viewed as serving a kind of function. 43 Consequently, it can be said that the common law has its fundamental basis on the idea of precedent or stare decisis. The rationale for this rule is consistency 44 According to LIVINGSTON MOREAU-LISLET DERBIGNy REPORT ON THE REVISION OF THE CIVIL CODE 8-10 (1823)(emphasis added) The Civil Code of 1825 was drafted originally in French and was translated into English. Both versions, however, were official, but since the English translation was known to contain errors, the French text became controlling. See Tetley, supra note 26 at 698-99. The English translation proved to be spectacularly bad. Recognizing the deficiencies in translation, the Louisiana Supreme Court ruled that, in the event of a conflict between the two texts, the French would prevail. This French preference rule has been applied constantly by Louisiana courts. Levasseur& Ward, supra note 20 at 304. See generally Dunford v. Clark's Estate, 3 La. 199 (La, 1831); Phelps v Reinach, 38 La. Ann. 547 (La, 1886), Straus v City of New Orleans, 166 La. 1035, 118 So.125(a,1928) Sample. Whitaker,172La.722,135S0.38(La,1931) YIANNOPOULOS, supra note 9 at 69 LA. CIV. CODE ANN., art. I(1825). The English version of the same text reads: "Law is a solemn expression of legislative will. According to Professor de vries, in the civilian tradition, " loi, or legislation, is the most fundamental source of law. hENRY P DEVRIES. CIVIL LAW AND THE ANGLO-AMERICAN LAWYER 248 (1975) 41 Nevertheless, the [Louisiana ] Code does contain a provision which is not found in the Code, that might be said to indicate an intention on the part of the codifiers to reach the French Article [of the Louisiana Civil Code of 1870] provides that"Law is a solemn expression of legislative Davidson supra note 31 at 102 MERRYMAN, supra note 1 I at 34 Professor Dainow states that the common-law theory of precedents developed during England's formative years when there was no strong legislative power. He writes: When a court decided a particular case its decision was not only the law for the parties, but had to be followed in future cases of the same sort, thereby becoming a part of the general or common law. Thus, the common law, as a body of law, consisted of all the[W]hat is the true meaning of the Law when it is doubtful; to decide how it applies to facts when they are legally ascertained is the proper office of the Judge - The exercise of his discretion is confined to these, which are called CASES OF CONSTRUCTION: in all other he has none, he is but the organ for giving voice, and utterance, and effect, to that which the Legislative branch has decreed. In cases where there is no Law, according to strict principles he can neither pronounce nor expound, nor apply it. Governments under which more is required from, or permitted to, the Magistrate are vicious because they confound Legislative power with Judicial duties, and permit their exercise in the worst possible shape, by creating the rule, after the case has arisen to which it is applied. This is a vice inherent in the Jurisprudence of all nations governed wholly, or in part, as England is by unwritten Laws, or such as can only be collected from decisions.37 The Louisiana Civil Code of 1825 was printed in French38 and English, and the redactors of the Code drew inspiration from the Code Napoléon as well as French doctrine and jurisprudence.39 The French version of Article I of the Code of 1825 put the matter to rest when it declared that ‘[l]a loi est une declaration solemnelle de la volonté législative.’40 Thus, without expressly declaring that precedent is not law along the lines of Article 5 of the Code Napoléon, the redactors of the Louisiana Civil Code came back within the ambit of the French revolutionary model.41 That is to say, although it may seem that the judge must decide the case, the decision itself is not to be considered law.42 The opposite is true of the common law. To the student of the common law, the law is created and molded by judges, and legislation is viewed as ‘serving a kind of supplementary function.’43 Consequently, it can be said that the common law has its fundamental basis on the idea of precedent or stare decisis. The rationale for this rule is consistency.44 According to 37 LIVINGSTON, MOREAU-LISLET, & DERBIGNY, REPORT ON THE REVISION OF THE CIVIL CODE 8-10 (1823) (emphasis added). 38 The Civil Code of 1825 was drafted originally in French and was translated into English. Both versions, however, were official, but since the English translation was known to contain errors, the French text became controlling. See Tetley, supra note 26 at 698-99. ‘The English translation proved to be spectacularly bad. Recognizing the deficiencies in translation, the Louisiana Supreme Court ruled that, in the event of a conflict between the two texts, the French would prevail. This French preference rule has been applied constantly by Louisiana courts.’ Levasseur & Ward, supra note 20 at 304. See generally Dunford v. Clark’s Estate, 3 La. 199 (La., 1831); Phelps v. Reinach, 38 La. Ann. 547 (La., 1886); Straus v. City of New Orleans, 166 La. 1035, 118 So. 125 (La., 1928); Sample v. Whitaker, 172 La. 722, 135 So. 38 (La., 1931). 39 YIANNOPOULOS, supra note 9 at 69. 40 LA. CIV. CODE ANN., art. I (1825). The English version of the same text reads: ‘Law is a solemn expression of legislative will.’ According to Professor deVries, in the civilian tradition, ‘loi,’ or legislation, is the most fundamental source of law. HENRY P. DEVRIES, CIVIL LAW AND THE ANGLO-AMERICAN LAWYER 248 (1975). 41 ‘Nevertheless, the [Louisiana] Code does contain a provision which is not found in the French Civil Code, that might be said to indicate an intention on the part of the codifiers to reach the French result. Article 1 [of the Louisiana Civil Code of 1870] provides that “Law is a solemn expression of legislative will.”’ Davidson, supra note 31 at 102. 42 Id. 43 MERRYMAN, supra note 11 at 34. 44 Professor Dainow states that the common-law theory of precedents developed during England’s formative years when there was no strong legislative power. He writes: ‘When a court decided a particular case, its decision was not only the law for the parties, but had to be followed in future cases of the same sort, thereby becoming a part of the general or common law. Thus, the common law, as a body of law, consisted of all the