Wounded Feelings: Litigating Emotions in Quebec, 1870-1950

by Eric H. Reiter

Overview

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.

Product Details

ISBN-13:	9781487534417
Publisher:	University of Toronto Press
Publication date:	11/04/2019
Series:	Osgoode Society for Canadian Legal History
Sold by:	Barnes & Noble
Format:	eBook
Pages:	504
File size:	9 MB

About the Author

Eric H. Reiter is an associate professor in the Department of History at Concordia University and a member of the Quebec Bar.

Table of 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

What People are Saying About This

Michel Morin

"The ground-breaking thesis of Wounded Feelings is supported by outstanding research and an abundance of sources."

Bettina Bradbury

"Wounded Feelings is an excellent study of how Quebec individuals, lawyers, and judges dealt with legal claims touching broadly on issues in the realm of the emotions. Building on this growing interest in the history of emotions, Wounded Feelings provides fascinating discussion on cases that reveal much about day-to-day life, functional and dysfunctional families, and the social and power dynamics of class, status, age, race, and gender across an eighty-year period of Quebec history."

Editorial Reviews

"Wounded Feelings is a very rich book that less seeks to provide a simple explanation of what emotional suffering was meant to be than to use discussions of such feeling as an access point to how people considered questions of self, reputation, bodily autonomy, and personal rights."

Borealia - Katie Barclay

"This book masterfully blends jurisprudence and legislation, with emphasis on the Quebec Civil Code, to elucidate how the subjectivity of emotions has been legally interpreted over time. [...] Wounded Feelings provides a uniquely Canadian perspective on the interrelated topics of litigation, social history, legal history, and human sentiment. Upon reading, it is clear why this book has been so well received. This book comes highly recommended for academic law libraries, as well as the history collections of academic libraries."

Canadian Law Library Review - Mary Hemmings