Legal Definitions - affection

In legal contexts, the term "affection" has historically carried two distinct meanings, both of which are largely historical in modern legal practice.

• Meaning 1: Emotional Bond or Devotion

  Historically, "affection" referred to the emotional bond, love, or devotion shared between spouses. This concept was particularly significant in certain legal actions, such as claims where one party was accused of wrongfully interfering with or destroying a marital relationship.

  • Example 1: In the early 20th century, if a spouse believed that a third party had intentionally caused their husband or wife to abandon the marriage, they might have filed a lawsuit alleging that this third party had destroyed the "affection" within their marital union.

    Explanation: Here, "affection" represents the emotional connection and devotion that was considered a fundamental and legally protected aspect of the marriage, which the lawsuit claimed had been wrongfully undermined or eliminated.

• Meaning 2: Pledging or Mortgaging Property

  Historically, "affection" also referred to the act of pledging or mortgaging an item of value as security for a debt or to ensure the fulfillment of another obligation. This usage is largely obsolete in modern legal practice.

  • Example 1: Centuries ago, a merchant might have "affected" a valuable shipment of goods to a lender. This meant the merchant formally designated those goods as collateral, ensuring that if they failed to repay a loan, the lender would have a legal claim against that specific property.

    Explanation: In this context, "affection" describes the legal act of setting aside or designating property as security, thereby demonstrating a commitment to an obligation through a tangible asset.