Justice in the Wilderness: A Study of Frontier Courts in Canada and the United States, 1670-1870

• NCJ Number: 118908
• Author(s): L A Bakken
• Date Published: 1986
• Length: 266 pages
• Sale Source: Fred B Rothman & Co
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

This study examines the primary functions and characteristics of the early frontier courts in Canada and the U.S. and reviews the similarities and differences between the two countries.

Abstract

The first part of this study reviews the early Canadian court structure and function in the Atlantic provinces, Upper and Lower Canada and Manitoba. The second part examines the early territorial courts of the U.S. and their impact on the development of the judicial structure in the Northwest Territory. The final part identifies consistent themes running through the survey of the early Canadian and U.S. courts. Among the similarities in the history and development of Canada and the U.S. are the influence of England, common law, geography, and climate. These factors led to similar approaches to the formation of early justice systems. Differences between the countries include the rate of development (Canada was slower), less emphasis on settling in Canada, and the influence of French orientation to legal principles in Quebec. 21 maps and charts, 131 notes, bibliography, and index.