Study On The History Of American Emotional Distress System

In American law, A tort is an omission or a wrongful act against a person or his property.The wrongful implies a violation of one person's legal duty to another.And Emotional distress, is the kind of special tort .At first in American tort law only takes victim's economic loss to the compensation, not greatly takes the spiritual domain the economical compensation. This article through inspects the historical origin, the rationale, the movement pattern which the American emotional distress system forms, and specifically analyzes this system from the theory of common law and the legal precedent solid service the development path, obtains the beneficial enlightenment by the time.This article consists of three parts:the introduction, main parts and results. The main parts are divided into three chapters.The introduction mainly introduces the American emotional distress system historical background, as well as the domestic scholars on the system research, and indicates the writing aims of this article.The first chapter at historical and the legal angle, has combed the historical origin of emotional distress in the civil law and the common law. In the earlier Roman law, it has so-called"defamation"or"slander".In the modern, the formal establishment of the general personal right in 1907 Swiss Civil Code. In earlier common law, "defamation" is to encroach upon other people's reputation, takes one of in conmon tort law domain personality protection. Then through the"writ"and with direct and indirect tort lawsuit, it had a series of new tort forms, further enriched and has developed the common tort law. Previously , the emotional distress was attached to the person injures, didn't independence in the legal significance.The Second chapter discusses the historical evolution of emotional distress system in the American tort law. The emotional distress system from the early not explicit condition, to the afterwards official establishment, developed the mature type, and has established intentionally the spirit damage compensate system which caused with the error. This system obtained the approval in American legal theory and the practice domain, and can establish through the tort law iteration and the multitudinous court legal precedent, "attached" developed from the original spirit damage compensate person to take the personality as the central pure emotional damage compensate independencly.The third chapter has analyzed the tort law domain emotional distress development newest tendency as well as to influence to the contract law. From the tort law in emotional distress system, already affected in the American society, and obtained the accepted in the majority states. In addition, to breaks a contract the emotional distress compensate in the contract law domain which causes to profit from in the absorption tort law in the certain degree the emotional distress system.The conclusion summarize the guidance and effect of this system as well as the hint for us.