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Courted and Abandoned: Seduction in Canadian Law

Courted and Abandoned: Seduction in Canadian Law (Hardback)

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A pregnancy outside of marriage was a traumatic event in frontier Canada, one that had profound legal implications, not only for the mother, but also for the woman's family, the alleged father, and for the entire community. Patrick Brode examines the history of the 'heartbalm' torts in nineteenth-century Canada - breaches of duty leading to liability for damages for seduction, breach of promise of marriage, and criminal conversation - that were part of the inherited English law and were a major feature of early Canadian law. Encompassing all ten Canadian provinces, Brode's study examines the court cases and the communities in which they arose. He illustrates the progression of these 'heartbalm' actions as women gained more and more autonomy in the late nineteenth century, until questions arose as to the applicability of these feudal remedies in a modern society. He argues that the heartbalm cases are a testament to how early Canadians tried to control sexuality and courtship, even consensual activity among adults.

In mixing legal and social issues, and showing how they interact, Courted and Abandoned makes a significant contribution to legal history, women's studies, and cultural history.

History & PoliticsHistory: ChronologicalEarly history: c 500 to c 1450-1500History & PoliticsHistory: ChronologicalModern history to 20th century: c 1700 to c 1900History & PoliticsHistory: specific events & topicsSocial & cultural historyHistory & PoliticsRegional & national historyHistory of the AmericasLawInternational lawLawInternational lawPublic international lawResponsibility of states & other entitiesLawJurisprudence & general issuesLaw & societyLawJurisprudence & general issuesSystems of lawEcclesiastical or canon lawLawJurisprudence & general issuesSystems of lawIslamic lawLawJurisprudence & general issuesSystems of lawRoman lawLawLaws of Specific jurisdictionsEnvironment, transport & planning lawAnimal lawLawLaws of Specific jurisdictionsEnvironment, transport & planning lawHighwaysLawLaws of Specific jurisdictionsEnvironment, transport & planning lawTransport lawLawLaws of Specific jurisdictionsLegal system: generalLawLaws of Specific jurisdictionsPrimary sources of lawCase lawLawLaws of Specific jurisdictionsPrimary sources of lawLegislationLawLaws of Specific jurisdictionsSocial lawCharity lawLawLaws of Specific jurisdictionsTorts / DelictsNuisanceLGBT & Gender StudiesGender studiesGender studies: womenPhilosophy, Psychology & Social SciencesSocial groups Publisher: University of Toronto Press Publication Date: 12/07/2002 ISBN-13: 9780802037503  Details: Type: Hardback Format: Books
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Patrick Brode is an independent scholar and lawyer in Windsor, Ontario.

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