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Saskia Lettmaier

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Saskia Katharina Lettmaier (born 1979) is a German jurist trained in Anglo-American and German law. She is currently a professor of Private Law, European Legal History,[1] Private International and Comparative Law at the University of Kiel where she also serves as a director of the University's Hermann Kantorowicz Institute.[2] Since December 2016, she has also served as a judge at the Higher Regional Court of Schleswig-Holstein, the highest court in civil and criminal matters[3] in the German state of Schleswig-Holstein.[4] Her research interests focus on the historical and comparative aspects of private law, especially family and inheritance law, and on the intersection between law and culture.[2]

Academic career

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Lettmaier graduated from Harvard Law School earning a Doctor of Juridical Science (S.J.D.) degree,[5] which is Harvard's most advanced law degree.[6] She authored the book, Broken Engagements: The Action for Breach of Promise of Marriage and the Feminine Ideal, 1800–1940 (Oxford University Press, 2010), which "reviews the legal and cultural history of the action of breach of promise of marriage",[7] and investigates the changes from 1800 to 1940.[8][9]

Research on English marital law

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Lettmaier's research has described the evolution and ultimate decline of breach of promise lawsuits in England,[7] which allowed women to sue men for breaking a promise to enter into marriage.[10] Lettmaier noted that these lawsuits were gendered as a "ladies' action" during the first half of the nineteenth century,[7] and that traditionally high success rates in these lawsuits declined during the second half of the nineteenth century when the stereotype of "assertive" litigants conflicted with social norms that expected women to be "passive".[11] Her research also indicated that in the late eighteenth century, the gravamen of these lawsuits shifted from claims of economic loss to claims of psychological or emotional harm,[12] though she also rejected the characterization of breach of promise lawsuits as purely contractual disputes.[13]

References

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  1. ^ "Legal History Blog: Scholar Spotlight: Saskia Lettmaier". 12 February 2019.
  2. ^ a b "Saskia Lettmaier Academic Profile". Christian-Albrechts-Universität zu Kiel. December 24, 2016. Retrieved January 10, 2017.
  3. ^ "Court of Schleswig-Holstein". Retrieved January 10, 2017.
  4. ^ "Geschäftsverteilungsplan des Schleswig-Holsteinischen Oberlandesgerichts" [The business plan of the judges of the Oberlandesgericht with status 2017 (German)] (PDF). Schleswig-Holstein Supreme Court. 2017. Retrieved January 9, 2017.
  5. ^ "Current S.J.D. Candidates and Recent Graduates". Harvard Law School. Retrieved 18 December 2016.
  6. ^ "S.J.D. Program". Harvard Law School. 2017. Retrieved January 9, 2017.
  7. ^ a b c Frost, Ginger (2011). "Broken Engagements: The Action for Breach of Promise of Marriage and the Feminine Ideal, 1800––1940, by Saskia Lettmaier". Victorian Studies. 54 (1): 151–153. doi:10.2979/victorianstudies.54.1.151. JSTOR 10.2979/victorianstudies.54.1.151.
  8. ^ Mergenthal, Silvia. "Saskia Lettmaier: Broken Engagements. The Action for Breach of Promise of Marriage and the Feminine Ideal, 1800–1940". Retrieved 18 December 2016.
  9. ^ Probert, Rebecca (March 28, 2012). "Book Review: Broken Engagements: The Action for Breach of Promise of Marriage and the Feminine Ideal, 1800–1940". Journal of Legal History. 33 (1): 126–129. doi:10.1080/01440365.2012.661147. S2CID 144257110.
  10. ^ For a discussion of the definition and history of breach of promise lawsuits, see Hadley, Edwin W. (April 1, 1927). "Breach of Promise to Marry". Notre Dame Law Review. 2 (6): 190–195. Retrieved January 10, 2017.
  11. ^ Nussbaum, Martha C.; LaCroix, Alison L. (2013). Subversion and Sympathy: Gender, Law, and the British Novel. Oxford University Press. p. 201. ISBN 978-0199812042. The action for breach of promise of marriage — a de facto preserve of female plaintiffs since the early nineteenth century, and one that for the first four decades of the century generated a high success rate for them — was becoming increasingly thorny legal terrain, as the tensions between the roles of active, agentic, assertive litigants and passive, private, submissive women became ever more apparent, with a resultant decline in sympathy for — and in the success rate of — women plaintiffs.
  12. ^ Palmer, Vernon V. (2015). The Recovery of Non-Pecuniary Loss in European Contract Law. Cambridge University Press. p. 52. ISBN 978-1107098626.
  13. ^ Rosenberg, Anat (2014). "Entanglements: A Study of Liberal Thought in the Promise of Marriage". Cardozo Journal of Law and Gender. 20: 371–404. SSRN 2691300.
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