Title Wounded feelings : litigating emotions in Quebec, 1870-1950 / Eric H. Reiter

Published Toronto ; Buffalo ; London : Published for the Osgoode Society for Canadian Legal History by University of Toronto Press, 2019

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Description 1 online resource Series Osgoode Society for Canadian Legal History series Osgoode Society for Canadian Legal History series. Contents Frontmatter -- Contents -- Illustrations -- Foreword -- Acknowledgments -- Introduction -- 1. Feelings and the Law in Nineteenth-Century Quebec -- 2. Shame, Mortification, Disgrace, Dishonour -- 3. Family Dishonour -- 4. Bodily Intrusion -- 5. Betrayal -- 6. Grief and Mourning -- 7. Indignation, Anger, Fear -- 8. Conclusion: From Wounded Feelings to Violated Rights -- Abbreviations -- Case Citations -- Notes -- Bibliography -- Index Summary "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, it 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, supplemented by newspapers and contemporary legal writings, it 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 the indignation of two Black men 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."-- Provided by publisher Analysis Canadian legal history Quebec archaeology civil law civil rights courts emotions family history of law honor honour judges law legal Bibliography Includes bibliographical references and index Notes Print version record Subject Personal injuries -- Québec (Province) -- History -- 19th century Personal injuries -- Québec (Province) -- History -- 20th century Liability for emotional distress -- Québec (Province) -- History -- 19th century Liability for emotional distress -- Québec (Province) -- History -- 20th century HISTORY -- General. Liability for emotional distress Personal injuries Personal injuries -- Québec (Province) -- History -- 19th century Personal injuries -- Québec (Province) -- History -- 20th century Liability for emotional distress -- Québec (Province) -- History -- 19th century Liability for emotional distress -- Québec (Province) -- History -- 20th century Québec Genre/Form History Form Electronic book Author Osgoode Society for Canadian Legal History, issuing body. ISBN 9781487534400 148753440X

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