INTENTION IN LAW AND SOCIETY by

INTENTION IN LAW AND SOCIETY

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KIRKUS REVIEW

A cogent, careful examination of the nature, from cause to appearance and effect, of intention in societal acts. Mr. Marshall pursues both a socio-economic and psychological tack in conceptualizing freedom of choice. "The law, it appears, operates as if there is a reasonable man and a middle class reasonable man at that, and assumes both the probability that he has freedom of choice and the capacity to act with regard to his choice." This Mr. Marshall discredits with reference to differing value systems, the range of responses from unconscious to premeditated act: "Reason is overrated and emotion and unconscious motivation are undervalued;" the M'Naughten Rules are outmoded. In law, the appearance of intent, its inference or dismissal due to situational or environmental factors, and the intendment of documents (testators, contracting parties, legislation) come under assessment. Mr. Marshall's amendments are predicated on the basis of treating man specifically rather than generically, a man rather than man. His book deserves close professional and civic consideration.
Pub Date: Feb. 1st, 1967
Publisher: Funk & Wagnalls
Review Posted Online:
Kirkus Reviews Issue: Feb. 1st, 1967