Courted and Abandoned
Seduction in Canadian Law
- Publisher
- University of Toronto Press, Scholarly Publishing Division
- Initial publish date
- Dec 2002
- Category
- General, Women's Studies, Legal History
-
Hardback
- ISBN
- 9780802037503
- Publish Date
- Dec 2002
- List Price
- $67.00
-
Paperback / softback
- ISBN
- 9781442657625
- Publish Date
- Dec 2002
- List Price
- $36.95
-
eBook
- ISBN
- 9781442657915
- Publish Date
- Dec 2002
- List Price
- $32.95
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Description
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.
About the author
Patrick Brode has written extensively on Canadian history and law. His works include a biography of one of Canada’s early jurists, Chief Justice John Robinson, as well as Courted and Abandoned, a study of the tort of seduction on the frontier. His more recent writing includes Death in the Queen City about the racially charged murder trial of Clara Ford in Toronto in 1895, The Slasher Killings, on the anti-gay hysteria that accompanied a serial killing in Windsor in 1945, as well as a survey of Canada’s investigation and prosecution of war crimes after the Second World War. Five of these works have been short-listed for Canadian book awards. Patrick was formerly a lecturer at the University of Windsor Faculty of Law. He lives in Windsor, Ontario, and has practiced law there since 1977.
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