Nearly 150 years after the foundations of Saint Lucia’s Civil Code were established, former Prime Minister and legal scholar Dr. Kenny Anthony says the country can no longer afford to delay modernising a legal framework he believes is increasingly disconnected from contemporary society.
Anthony, speaking during a discussion on Saint Lucia’s hybrid legal system, warned that while the country has undergone dramatic social and economic transformation, significant elements of its legal framework remain rooted in laws dating back to 1879.
Describing the situation as a “serious oddity,” Anthony said Saint Lucia is applying laws enacted more than a century ago to a society with vastly different expectations, obligations and approaches to issues such as property.
“We are applying laws that were enacted all the way back in 1879 to a society that has evolved dramatically, to a society that has different aspirations, to a society where land tenure has taken on very different forms [and] very different obligations,” Anthony said.
He pointed to changes in land tenure, contractual rights, employment and tenancy as areas demonstrating why comprehensive reform of the Civil Code has become necessary.
Anthony also raised a broader concern about the influence of English law on Saint Lucia’s legal system, particularly following the Privy Council’s interpretation of Article 917A of the Civil Code.
He argued that allowing developments in English law to influence Saint Lucian law raises fundamental questions about the country’s control over its own legal development, declaring that, “What we have done is to legislate our judicial sovereignty away.”
Despite those concerns, Anthony is not advocating for Saint Lucia to abandon its civilian legal tradition and replace it wholesale with the common law system.
Instead, he describes himself as a “retentionist” who believes the Civil Code should remain an important part of Saint Lucia’s legal identity while undergoing substantial modernisation. “I think we need to keep the civil code so it remains its populist character,” Anthony said.
The former prime minister revealed that efforts were previously made during his administration to undertake major reform of the Civil Code with assistance from Canadian experts, particularly from Quebec, whose civil-law tradition shares historical links with Saint Lucia.
That initiative ultimately stalled, however, and funding was withdrawn following what Anthony described as delays and confusion surrounding the reform process. The failure remains a source of personal disappointment for the former prime minister, who said he was “deeply saddened” and “very disappointed” that the effort did not succeed.
For Anthony, however, reforming the Civil Code extends beyond updating outdated legislation. He believes Saint Lucia’s legal inheritance has played an important role in shaping the country’s customs, social relationships and cultural identity.
While many Saint Lucians may not immediately recognise the connection between the legal system and their everyday lives, Anthony maintains that its influence remains deeply embedded in society. “Who we are today has been shaped in large measure by our legal inheritance,” he said.
