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Hybridizing civil law through transatlantic migration

Abstract The usual story of the migration of legal forms and institutions from Western Europe to North America emphasizes how imperial law effaces indigenous legal systems. Although such effacement is indisputably an aspect of the interface of different legal frameworks (imperial and indigenous), it is but one part of the narrative of what happens when imperial law migrates. Missing is an account of how autochthonous legality and identity may be partly recuperated, in the context of a transformed, hybrid, (post-) colonial law. This article explores how Quebec has constructed its own legal narratives as no longer the monolithic and univocal stories of its French legal progenitor, or indeed of its English common law parent. New identities and novel normative frameworks are constructed and projected onto the legal landscape through this hybridized transatlantic law, and it is in the fissures of this hybridity that narratives of law are being (re-)written by Cree and Inuit in Quebec. Indeed the (re-)telling of the transatlantic journey of French law (re-)presents the traditional tale of monojural imperial domination as a polyjural one of legal pluralism and overlapping normativities.