Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER III. INTENTION-(Coid.) Sir James Stephen's use of the terms ' will1 am) ' inttntion ' criticised—Examples of Intention in a murder case as presumed under the doctrine discussed in the last chapter—Example of the result in a kidnapping case of presuming that a man must intend the legal consequences of his act—Intention in estoppel—Negligence and intention—meaning of 'Wilfully'—Intention in fraud—Intention in cases of merger—Use of motive in law—Motive and Intention—Motive and Cause—Will in voluntary confessions —Consent— Meaning of ' forcing the will '—Criterion of voluntary decision'—Intention in the English law of libel—Various meanings of . malice' and resulting confusion—Intention in th Indian Law of Defamation—'Implied intention,' . express intention ' and ' primary intention'—Similar confusion caused by sucli expressions which are in fact reproductions of the doctrine of malice in English law. 1. In his general view of the Criminal Law of England Sir James Stephen has distinguished at some Stephen's uteao? the length certain psychological states, including terms ' will' and yill an(j Intention, in a manner which ' intention. appears to us to call for some remark. We have only space here to quote some of his statements, and must refer the reader for his whole discussion of the subject to chapter III of the above-mentioned woik. "The sensations," he says, ' which accompany every action and distinguish it from a mere occurrence are intention and will. The first step towards an action is, that, to use a common and expressive phrase, it'occurs to the mind.' A mental image more or less definite of the thing to be done is formed by the imagination. The next step is deliberation, whether or not the thing shall be done and this terminates in a menta...