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Wounded Feelings - Litigating Emotions in Quebec, 1870-1950 (Hardcover)
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Wounded Feelings - Litigating Emotions in Quebec, 1870-1950 (Hardcover)
Series: Osgoode Society for Canadian Legal History
Expected to ship within 9 - 15 working days
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Wounded Feelings is the first legal history of emotions in Canada.
Through detailed histories of how people litigated emotional
injuries like dishonour, humiliation, grief, and betrayal before
the Quebec civil courts from 1870 to 1950, Eric H. Reiter explores
the confrontation between people's lived experience of emotion and
the legal categories and terminology of lawyers, judges, and
courts. Drawing on archival case files, newspapers, and
contemporary legal writings, he examines how individuals narrated
their claims of injured feelings and how the courts assessed those
claims using legal rules, social norms, and the judges' own
feelings to validate certain emotional injuries and reject others.
The cases reveal both contemporary views of emotion as well as the
family, gender, class, linguistic, and racial dynamics that shaped
those understandings and their adjudication. Examples include a
family's grief over their infant son's death due to a physician's
prescription error, a wealthy woman's mortification at being
harassed by a conductor aboard a train, and a Black man's
indignation at being denied seats at a Montreal cinema. The book
also traces an important legal change in how moral injury was
conceptualized in Quebec civil law over the period as it came to be
linked to the developing idea of personality rights. By 1950 the
subjective richness of stories of wounded feelings was increasingly
put into the language of violated rights, a development with
implications for both social understandings of emotion and how
individuals presented their emotional injuries in court.
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