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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.
This book investigates the elements that have developed as part of the definition of propriety and good behavior, and how the law has acted to protect respectable people and their reputations.
Although unusual in his driving ambitions and his consuming need to accumulate a fortune, Harrison remained in most respects thoroughly conventional and Victorian, and his diary offers unrivalled insights into the voice of the mid-nineteenth century Toronto male.
Editors Philip Girard, Jim Phillips, and Barry Cahill have put together the first complete history of any Canadian provincial superior court. All of the essays are original, and many offer new interpretations of familiar themes in Canadian legal history.
The Past France, 1640. In a French coastal village during the Thirty Years War, Altheia de Savoir waits for her Scottish sailor love, Matthew, to return from the sea. But when marauders descend upon her village, Altheia barely escapes with her life. Matthew rescues her and takes her to Ireland, where she will be safe with his family. Though Matthew wishes to officially wed his lady love, he must honor his military obligations and return to Scotland. Then the unthinkable happens. Matthew is captured and left alone to die innocently in a dark and frozen Scottish dungeon, unable to communicate to Altheia. But Altheia and Matthews love story is far from over The Present Southern California, present day. After she is summoned to jury duty, Collette Peters encounters Matthew McDonnell, a handsome and successful criminal defense attorney. The trial inspires her to become a forensic DNA investigator; a few years later, she meets Matthew again when his legal defense team contracts her to complete an investigation. Working together, Collette and Matthew find they share an intense attraction, but they are unaware of why they are so strangely drawn to each other. When they begin to piece together the clues, they realize the answer lies in the past and may very well lead to the love of their lives.
Courts of law at once reflect and shape the society in which they reside and dispense justice. To mark the 2010 centenary of the British Columbia Court of Appeal, this book presents an institutional, jurisprudential, and biographical account of the court and its evolving role in the province. Richly illustrated and replete with group portraits of judges and accounts of key cases, this authoritative history explores how the court came into being, how it has operated, and who its judges have been. In the process, it tells the story of how the court has shaped and been shaped by the social, political, and legal development of British Columbia.
Wounded Feelings explores how people brought stories of emotional injury like betrayal, grief, humiliation, and anger before the Quebec courts from 1870 to 1950, and how lawyers and judges translated those feelings into the rational language of law.
This study of the Manitoba judiciary is not only the first biographical history to examine an entire provincial bench, it is also one of the first studies to offer an internal view of the political nature of the judicial appointment process. Dale Brawn has penned the biographies of the first thirty-three men appointed to Manitoba's Court of Queen's Bench. The relative youth of Manitoba as a province and the small size of its legal profession makes possible an exceptionally detailed investigation of the background of those appointed to the province's highest trial court. The biographical data that Brawn has collected for this book highlights the extent to which judicial candidates underwent a socialization process designed to produce a legal elite whose members shared remarkably similar views and ways of thinking. In addition, these biographies suggest that until at least 1950, seats on provincial benches were rewards for political services rendered. Many lawyers became judges not because of their legal ability, but because they had made themselves known in the communities in which they practiced. This fascinating study offers an intimate look at personalities ranging from prime ministers to members of the bench and both senior levels of government.
Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.