Summary
Why did Louis XIV establish high courts in the distant and sparsely populated North-American colonies? The logic of the establishment of the Sovereign Council of Québec in 1663 and the Superior Council of Louisiana in 1712 is indeed in no way similar to the one which led to the creation of high courts in the metropolitan territories previously under foreign sovereignty. In the colonies, there was no need to safeguard the provincial privileges, in particular that to be judged in accordance with the local customs and procedural rules. Historians have emphasized the idea that justice foremost asserted the king’s authority on his overseas territories and France’s position on the international scene. Colonial institutions were thus merely considered as extensions of the metropolitan model.
This paper proposes to study the high courts of New France through the prism of
legal transplant theories, focusing on the objectives and expectations of the
donor rather than on their objects or on the obstacles faced by the receiver. We
assert that the overseas high courts were a means to define and orientate the
French colonial policy rather than an end in themselves. Their judicial and,
above all, regulatory competences made them indeed a particularly suitable
instrument for the fulfillment of the monarchy’s political and economic
expectations.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.