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42 Alta. L. Rev. 951 (2004-2005)
Courted and Abandoned: Seduction in Canadian Lent

handle is hein.journals/alblr42 and id is 957 raw text is: COURTED AND ABANDONED: SEDUCTION IN CANADIAN LAW

COURTED ANDABANDONED: SEDUCTION IN CANADIAN LAW, PATRICK BRODE
(TORONTO: OSGOODE SOCIETY, 2002)
Civil practitioners wishing to acquire a fundamental understanding of the psychological
insights into human nature that are fundamental to success in litigation are advised to read
Courted andA bandoned: Seduction in Canadian Law' by Patrick Brode. The learned author
has penned a tour deforce review of the heartbalm torts that were once the staple of a civil
jury practice (and the foundation for salacious news reports) and in so doing, has enriched
our understanding of such contemporary concerns as:
a)   the time lag between perceived social progress and legislative action;
b)   the discordant views of legislation as between the general population who act as fact
finders and the Bench;
c)   the dichotomy of views held by rural and urban dwellers as to appropriate social
(and sexual interaction);
d)   the blurring of the lines of demarcation that should separate tortuous from criminal
conduct;
e)   the dichotomy of views held by men and women as to appropriate social (and sexual
interaction); and
f)   the importance of historical foundation in understanding the rationale for the
progress (or arrest) of the law as it relates to awarding damages for civil actions.
Brode has authored three other books in the Osgoode Society collection: Sir John Beverley
Robinson: Bone and Sinew of the Compact;' The Odyssey of John Anderson;3 and the
evocative and moving text, Casual Slaughters and Accidental Judgments: Canadian War
Crimes Prosecutions, 1944-1948.4 All have been well received by critics and have enhanced
our knowledge of the law; but more importantly, they have increased our perception of the
complex psychosocial strands that are the impetus for the advancement of justice. In this
respect, his latest book is a welcome addition.
The instruction found in Courted and Abandoned: Seduction in Canadian Law begins
with an introduction of the law's need for fictions, with the laudable aim of securing social
justice - in this case, the fact of seduction and pregnancy resulting in the loss of a child's
service to her father.' It concludes with a look at a recent bit of fiction, surrounding actions
for alienation of affections in order to mark the emerging equality of the sexes.6 In between,
we are treated to an in-depth and scholarly review of all of the measures that have led to civil
I   (Toronto: Osgoode Society, 2002).
2    (Toronto: Osgoode Society, 1984)
(Toronto: Osgoode Society, 1989).
4    (Toronto: Osgoode Society, 1997).
5    Supra note I at c. I entitled Fiction of the Law.
6    Ibid at c. 12 entitled The Complex Dance of Seduction.

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