12 May 2014

ARTICLE: Licari on Gény


Our good friend François-Xavier Licari (Université de Lorraine) has posted his 'François Gény in Louisiana' on SSRN at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2432634:


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.

The article originally appeared in the Journal of Civil Law Studies here.

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