How the law soothed broken hearts in 19th-century America

Jinal Dadiya at Psyche:

In the 19th and early 20th century, under English and Unites States law, jilted lovers could sue former partners for breaking their hearts. ‘Heartbalm torts’, which continue to be on the rulebooks of some US states to this day, were a category of legal actions that could be brought against romantic misconduct. The underlying idea was that wrongful romantic or sexual behaviour could cause harm that should be compensated by its causer. The sufferer of such harm, in turn, was entitled to receive damages, or solatium, from the inflictor. Most popular among the heartbalm torts were actions for broken engagements, adultery, and seduction.

A ‘breach of promise to marry’ suit could be brought against a former partner for dishonouring an engagement to marry. Usually brought by women abandoned by their male fiancés, it was understood that broken engagements would result in women losing chances at stability, marriage and potential financial security. At a time when women had limited opportunities for financial independence outside of marriage, monetary recoveries offered by the tort were of economic significance.

More here.

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