Psychology Applied to Legal Evidence and Other Constructions of Law

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Thacker, Spink and Company, 1906 - Criminal anthropology - 470 pages
 

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Page 161 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 412 - No act is a crime if the person who does it is, at the time when it is done, prevented, either by defective mental power, or by any disease affecting his mind...
Page 78 - If, in the transaction itself, which is in dispute, one has led another into the belief of a certain state of facts by conduct of culpable negligence calculated to have that result, and such culpable negligence has been the proximate cause of leading, and has led the other to act by mistake upon such belief, to his prejudice, the second cannot be heard afterwards, as against the first, to show that the state of facts referred to did not exist.
Page 225 - The whole distinction of real and unreal, the whole psychology of belief, disbelief, and doubt, is thus grounded on two mental facts — first, that we are liable to think differently of the same; and second, that when we have done so, we can choose which way of thinking to adhere to and which to disregard.
Page 258 - My theory, on the contrary, is that the bodily changes follow directly the perception of the exciting fact, and that our feeling of the same changes as they occur is the emotion.
Page 172 - As we have no immediate experience of what other men feel, we can form no idea of the manner in which they are affected, but by conceiving what we ourselves should feel in the like situation.
Page 446 - In spite of overwhelming evidence, it is most difficult for a citizen of western Europe to bring thoroughly home to himself the truth that the civilisation which surrounds him is a rare exception in the history of the world.
Page 92 - What characterizes both consent and belief is the cessation of theoretic agitation, through the advent of an idea which is inwardly stable, and fills the mind solidly to the exclusion of contradictory ideas. When this is the case, motor effects are apt to follow. Hence the states of consent and belief, characterized by repose on the purely intellectual side, are both intimately connected with subsequent practical activity.
Page 19 - With respect to them it may be laid down that social necessities and social opinion are always more or less in advance of Law. We may come indefinitely near to the closing of the gap betweeu them, but it has a perpetual tendency to reopen.
Page 424 - We have here parallel chains of evidence formed with extreme care, under the most different circumstances, and all pointing in the same direction ; all of them forcing us to the conclusion, that the offences of men are the result not so much of the vices of the individual offender as of the state of society into which that individual is...

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