Della creatività giudiziale nel (micro)sistema ibrido della Louisiana

This paper focuses on the issue of judicial creativity in the framework of a peculiar offspring of the two major legal traditions of common and civil law: Louisiana. According to a widespread representation, courts would enjoy a law-making role within the common law tradition, while they would be caught in the straightjacket of the legislature’s will in the civil law one. This writer aims to challenge this picture, shedding light, through the lenses of legal history, on the doctrines of stare decisis and jurisprudence constante in order to have a deeper grasp of the actual role played by courts within the civil law tradition.