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Books > Law > Jurisprudence & general issues > Foundations of law > Roman law / Civil law
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Wounded Feelings - Litigating Emotions in Quebec, 1870-1950 (Paperback)
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Wounded Feelings - Litigating Emotions in Quebec, 1870-1950 (Paperback)
Series: Osgoode Society for Canadian Legal History
Expected to ship within 10 - 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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