Courted and Abandoned

Seduction in Canadian Law

Nonfiction, History, Americas, Canada, Social & Cultural Studies, Social Science, Gender Studies, Women&
Cover of the book Courted and Abandoned by Patrick Brode, University of Toronto Press, Scholarly Publishing Division
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Author: Patrick Brode ISBN: 9781442657915
Publisher: University of Toronto Press, Scholarly Publishing Division Publication: December 15, 2002
Imprint: Language: English
Author: Patrick Brode
ISBN: 9781442657915
Publisher: University of Toronto Press, Scholarly Publishing Division
Publication: December 15, 2002
Imprint:
Language: English

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.

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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.

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