Complete V.4 Number 1

Journal of Civil Law Studies Volume 4 | Number 1 Article 9 5-2011 Complete V.4 Number 1 Follow this and additional works at: https://digitalcommons.law.lsu.edu/jcls Part of the Civil Law Commons Repository Citation Complete V.4 Number 1, 4 J. Civ. L. Stud. (2011) Available at: https://digitalcommons.law.lsu.edu/jcls/vol4/iss1/9 This Complete Issue is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Journal of Civil Law Studies by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Volume 4 Number 1 May 2011 ___________________________________________________________________________ ARTICLES . Is the Pre-20th Century American Legal System a Common Law System? An Exercise in Legal Taxonomy ......................................................... Jacques Vanderlinden . Juridical Personality and Intimacy .......................................................... Michael McAuley . Transition without Transformation: Legal Reform in the Democratization and Development Processes ............. Ermal Frasheri . Interspousal Claims at the Crossroads of Tort Law and Family Law: The Delicate Balance between Family and Individual ..................................... Biagio Andò . Legal Protection of Minority Shareholders of Listed Corporations in Brazil: Brief History, Legal Structure and Empirical Evidence ........................ Bruno Meyerhof Salama & Viviane Muller Prado . The Slaves and Slavery of Marie Claire Chabert: Familial Black Slaveholding in Antebellum Louisiana ................................... Mitra Sharafi BOOK REVIEW . N. Whitty & R. Zimmermann, Rights of Personality in Scots Law ............ Olivier Moréteau JOURNAL OF CIVIL LAW STUDIES Editor-in-Chief Olivier Moréteau Louisiana State University Paul M. Hebert Law Center, USA Executive Editor Agustín Parise University of Buenos Aires, Argentina Book-Review Editors Phillip Gragg Louisiana State University Paul M. Hebert Law Center, USA Heather E. Casey University of Richmond School of Law, USA Honorary Members of the Advisory Board Robert A. Pascal Louisiana State University Paul M. Hebert Law Center, USA Rodolfo Sacco Faculty of Law, University of Turin, Italy Advisory Board Stathis Banakas Norwich Law School, University of East Anglia, United Kingdom Andrea Beauchamp Carroll Louisiana State University Paul M. Hebert Law Center, USA Muriel Fabre-Magnan Faculty of Law, University Panthéon-Sorbonne, Paris 1, France Frédérique Ferrand Faculty of Law, University Jean Moulin, Lyon 3, France Silvia Ferreri Faculty of Law, University of Turin, Italy James R. Gordley Tulane University Law School, USA Michele Graziadei Faculty of Law, University of Turin, Italy David W. Gruning College of Law, Loyola University New Orleans, USA Attila Harmathy Faculty of Law, Eötvös Loránd University, Budapest, Hungary Nicholas Kasirer Justice, Court of Appeal of Quebec, Canada Pnina Lahav Boston University School of Law, USA Alain A. Levasseur Louisiana State University Paul M. Hebert Law Center, USA Hector MacQueen University of Edinburg School of Law, United Kingdom Ulrich Magnus Faculty of Law, University of Hamburg, Germany Blandine Mallet-Bricout Faculty of Law, University Jean Moulin, Lyon 3, France Juana Marco Molina Faculty of Law, University of Barcelona, Spain Barbara Pozzo Faculty of Law, University of Insubria, Como, Italy Francisco Reyes Villamizar Faculty of Law, University of the Andes, Colombia Lionel Smith McGill University Faculty of Law, Canada Jan M. Smits Faculty of Law, Maastricht University, The Netherlands Fernando Toller Faculty of Law, Austral University, Argentina John Randall Trahan Louisiana State University Paul M. Hebert Law Center, USA Jacques P. Vanderlinden Faculty of Law, Free University of Brussels, Belgium Faculty of Law, University of Moncton, Canada Stefan Vogenauer Faculty of Law, University of Oxford, United Kingdom Michael L. Wells University of Georgia School of Law, USA Pierre Widmer Swiss Institute of Comparative Law, Lausanne-Dorigny, Switzerland Managing Editor Andrew Yeates Issue Editor Micah Fincher Senior Graduate Editors Lauren Anderson Brittan J. Bush Constance Comstock Claire A. Popovich Pablo Reyes Jessica Smith Junior Graduate Editors Rachel Abadie Brittney Baudean Sarah Costello Amanda Duncan Kaitlin Dyer Bill Hudson Patrick Hunt Victor Iacob William Joyner Christopher Lento Josh Monroe George Napier Kasey Pharis Production Manager Jennifer Lane JOURNAL OF CIVIL LAW STUDIES (ISSN 1944-3749) Published by the Center of Civil Law Studies, Paul M. Hebert Law Center, Louisiana State University. © May 2011, Center of Civil Law Studies The JCLS welcomes submissions for Articles, Notes, Comments, Essays, Book Reviews, and General Information. Unless otherwise agreed, contributions should have been neither published nor submitted for publication elsewhere. All contributions will be subject to a critical review by the Editors, and will be subjected to peer-review. Editorial comunication and books for review should be addressed to the editor-in-chief, and sent to our editorial offices. Editorial offices: Paul M. Hebert Law Center Center of Civil Law Studies W326A Law Center Baton Rouge, LA 70803-1000 [email protected] www.law.lsu.edu/jcls JOURNAL OF CIVIL LAW STUDIES _________________________________________________________________________________ VOLUME 4 NUMBER 1 MAY 2011 _________________________________________________________________________________ CONTENTS ARTICLES Is the Pre-20th Century American Legal System a Common Law System? An Exercise in Legal Taxonomy Jacques Vanderlinden 1 Juridical Personality and Intimacy Michael McAuley 23 Transition without Transformation: Legal Reform in the Democratization and Development Processes Ermal Frasheri 59 Interspousal Claims at the Crossroads of Tort Law and Family Law: The Delicate Balance between Family and Individual Biagio Andò 113 Legal Protection of Minority Shareholders of Listed Corporations in Brazil: Brief History, Legal Structure and Empirical Evidence Bruno Meyerhof Salama & Viviane Muller Prado 147 The Slaves and Slavery of Marie Claire Chabert: Familial Black Slaveholding in Antebellum Louisiana Mitra Sharafi 187 BOOK REVIEW N. Whitty & R. Zimmermann, Rights of Personality in Scots Law Olivier Moréteau 217 IS THE PRE-20TH CENTURY AMERICAN LEGAL SYSTEM A COMMON LAW SYSTEM? AN EXERCISE IN LEGAL TAXONOMY Jacques Vanderlinden* I. Introduction ............................................................................ 1 II. The Colonial Period .............................................................. 5 III. From Independence to the Early 19th Century .................... 9 A. The Adoption of Constitutions .......................................... 9 B. The Departure from the Legal Scene of Many Prominent Lawyers .............................................................. 10 C. The Increased Lack of Law Reports ............................... 11 D. The Rise of Treatises....................................................... 11 E. The Creation of the First Law Schools ............................ 12 IV. From Early-19th Century to Langdell ............................... 13 A. Professional Lawyers Take Control of the Production of the Common Law ............................................................ 14 B. The Triumph of Formalism ............................................. 15 C. The Flourishing of Treatises ........................................... 15 V. The Times of Langdell (The Last Quarter of the 19th Century) ................................... 17 VI. Conclusion ......................................................................... 19 I. INTRODUCTION Many, many years ago, in 1973, I was invited to teach for a full academic year at the University of South Carolina. A former American colleague from the times when the going was good in Ethiopia a few years earlier encouraged me to come to Columbia, South Carolina, as the weather there would allow us to renew our epic tennis games all year round! Having accepted the invitation, * Professor of Law Emeritus, Free University of Brussels and University of Moncton (New Brunswick). This paper was delivered as the 35th John H. Tucker , Jr. Lecture in Civil Law, at the Louisiana State University Law Center (2008). 2 JOURNAL OF CIVIL LAW STUDIES [Vol. 4 the next point was to decide what to teach. Comparative law and jurisprudence were the usual choices for foreigners untrained in the common law. In addition to these obvious choices a course in African political systems was suggested in the Faculty of Arts. As it turned out, I respectfully submitted a proposal to teach a course on the law of common lands in South Carolina. This was unusual, as the topic was governed by state law and not usually taught at the law school. But these were also the years when Professor Sax was developing his ideas about public trust as a legal status for the beaches on the Pacific coast in Oregon or Washington states. The Faculty in Columbia kindly accepted my suggestion and I started my exploration of the law on common lands; this was in fact my first experience in the direct tackling of a common law topic and also my first direct acquaintance with the case method I had decided to use in class. And there came the surprise. The more I was getting lost in the South Carolina Law Reports of the 19th century, the more I was fascinated by the contents of the law. I discovered that the State Supreme Court had indeed

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