context: Our original decision in this case recognized that "a rule of law which has its origins in the common law and which has not been specifically enacted by the legislature may be modified or abolished by the courts when such revision is mandated by changed conditions." Every jurisdiction that has thus far abolished the tort of alienation of a spouse's affections has done so legislatively. However, the mere fact that the legislatures in these other states abolished the cause of action before the question of abolition was properly presented to the respective courts, does not mean that every state court must wait for the legislature to focus its attention on this subject.
citation_a.signal: see also
citation_a.identifier: 266 N.W.2d 128, 129, 134
citation_a.parenthetical: recognizing that the question of abolition of the action for alienation of affections is a matter that can be decided by the state courts, and then holding that the action will continue to exist
citation_a.sentence: See, e.g., Doe v. Doe,_Mass__, 390 N.E.2d 730, 732-33 (1979) (recognizing that the state courts have the power to abolish the tort of alienation of affections); see also Bearbower v. Merry, 266 N.W.2d 128, 129, 134 (Iowa 1978) (recognizing that the question of abolition of the action for alienation of affections is a matter that can be decided by the state courts, and then holding that the action will continue to exist). In the instant case, the question of abolition of the action has been squarely presented to the courts of this state and, since the action was created judicially, the courts have the power to resolve this question.
citation_b.signal: see
citation_b.identifier: 390 N.E.2d 730, 732-33
citation_b.parenthetical: recognizing that the state courts have the power to abolish the tort of alienation of affections
citation_b.sentence: See, e.g., Doe v. Doe,_Mass__, 390 N.E.2d 730, 732-33 (1979) (recognizing that the state courts have the power to abolish the tort of alienation of affections); see also Bearbower v. Merry, 266 N.W.2d 128, 129, 134 (Iowa 1978) (recognizing that the question of abolition of the action for alienation of affections is a matter that can be decided by the state courts, and then holding that the action will continue to exist). In the instant case, the question of abolition of the action has been squarely presented to the courts of this state and, since the action was created judicially, the courts have the power to resolve this question.